CHAPTER XXXVIII.

 

RIOTS AND UNLAWFUL ASSEMBLIES.

 

CONTENTS.

 

SECTION 1.  Unlawful assembly defined.

2.     Riots defined.

3.     Menacing language or gestures.

4.     Concurrence in intent.

5.     Tumult and violence, though the persons assembled in a lawful manner.

6.     Promoting or aiding at a riot or unlawful assembly.

7.     Remaining after order to disperse.

8.     Every person present presumed to have notice of an order to disperse.

9.     A riot or unlawful assembly having for its object the destruction or injury of a house, etc.—Punishment.

10.  A riot or unlawful assembly endangering life, etc.—Punishment.

11.  Duty of Governors and other officers.

12.  Armed force may be called out.

13.  Whose orders the armed force is to obey.

14.  Persons killed or wounded.

 

1. Where three or more persons are, of their own authority, assembled together within disturbance, tumult and violence, and striking terror or tending to strike terror into others, such meeting is an unlawful assembly, within the meaning of the provisions of this chapter.

 

2. A riot is where three or more being in unlawful assembly joint in doing or actually beginning to do an act, within tumult and violence, and striking terror, or tending to strike terror into others.

 

3.        Menacing language, or gestures, or show of weapons or other signs or demonstrations tending to excite terror in others, are sufficient violence to characterize an unlawful assembly or riot.

 

4.  Concurrence in an intent of tumult and violence, and in any violent tumultuous act, tending to strike terror into other’s, is a sufficient joining in intent to constitute a riot, though the parties concerned did not previously concur in intending the act. For example, where persons present at a public performance, concur in the intent to disturb the same by tumult and violence, tending to strike terror; or concur in one or more acts of tumult or violence feuding to strike terror, done by any of the assembly.

 

5.  It is not requisite in order to constitute an unlawful assembly or riot, that persons should have come together within a common or unlawful intent, on in any unlawful manner; or that the object of the meeting, or the act done or  intended, should of itself be unlawful. The tumult and violence tending to excite terror, characterize the offense, though the persons may have assembled in a lawful manner, and though the object of the meeting, if legally pursued, or the act done or intended, if performed in a proper manner, would be lawful.

 

6.   Persons present at a riot or unlawful assembly, and promoting the same, or aiding, abetting, encouraging or countenancing the parties concerned therein by words, signs. acts or otherwise, are themselves parties thereto and principals therein.

 

7.   In case of an unlawful assembly being by proclamation or otherwise ordered to disperse by any one having legal authority to disperse the same, any one voluntarily remaining in the assembly after notice of such order, except for keeping the peace, is thereby a party concerned in such unlawful assembly.

 

8.  Every person present in an unlawful assembly is presumed to have notice of an order given by lawful authority in lawful manner for the same to disperse.

 

      9.   Whoever is guilty of a riot or unlawful assembly, having for its object the destruction or injury of any house, building, bridge, wharf, or other erection or structure; or the destruction or injury of any ship or vessel, or the furniture, apparel or cargo thereof, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding five hundred dollars; and shall also be answerable to any person injured to the full amount of his damage.

 

    10. Whoever is guilty of being a party concerned in a riot or unlawful assembly endangering the life, limb, health or liberty of any person, or in any other riot or unlawful assembly not of the description designated in the above section, shall, be punished by imprisonment at hard labor not more than five years or by fine not exceeding one thousand dollars.

 

11.  In case of any riot or unlawful assembly in any town, village or district, it shall be the duty of the governor, if any be resident there, and of every police or district justice there resident, and also of the marshal, sheriff of the island, and his deputies, and of the prefect of police for said town, village district to go among the persons so assembled, or as near to them as may be with safety, and in the name of the King to command all the persons so assembled immediately and peaceable to disperse; and if the persons shall not there upon so disperse, it shall be the duty of each of said officers to command the assistance of all persons present in seizing, arresting and securing in custody the persons  so unlawfully assembled, so that they may be proceeded with for their offense according to law.

 

12.  If any persons riotously or unlawfully assembled, who have been commanded to disperse by the governor, marshal, sheriff, deputy sheriff, prefect of police, or district justice, shall refuse or neglect to disperse without unnecessary delay, any two of such officers may require the aid of a sufficient number of persons in arms, or otherwise, as may be necessary, and shall proceed in such manner as in their judgment shall be expedient forthwith to disperse and suppress such unlawful, riotous, or tumultuous assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law.

 

13.  Whenever an armed force shall be called out for the purpose of suppressing any tumult or riot or unlawful assembly, or to disperse any body of riotous men, such armed   force shall obey such orders for suppressing the riot or tumult or for dispersing and arresting the persons who are committing any of the said offenses, as they may receive from the governor, marshal, sheriff of the island, or prefect of police, and muse such further orders as they may receive after they shall arrive at the place of such unlawful, riotous or tumultuous assembly, as may be given by any two of the magistrates or officers mentioned in the preceding section.

 

14.  If by reason of the efforts made by any two or more of said magistrates or officers, or by their direction, to disperse such unlawful, riotous or tumultuous assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or any other person then present, as spectators or otherwise, shall be killed or wounded, the said magistrates and officers and all persons acting by their order or under, their direction shall be held guiltless and justified by law, and if any of said magistrates or officers, or any person acting under their authority or by their direction shall be killed or wounded, all the persons so at the time unlawful, riotously or tumultuously assembled, and all other persons who, when commanded or required, shall have refused to aid and assist the said magistrate or officers, shall be held answerable therefor.