CHAPTER II.

Security to keep the peace.

§ 58. An information may be laid before any of the magistrates mentioned in section 140, that a person has threatened to commit an offence against the person or property of another.

§ 59. When the information is laid before the magistrate, he shall examine on oath the complainant and any witnesses he may produce, and shall take their depositions in writing, and cause them to be subscribed by the parties making them.

§ 60. If it appear from the depositions that there is just reason to fear the commission of the offence threatened, by the person complained of, the magistrate shall issue a warrant directed generally to the sheriff of the county, or any constable, marshal, or policeman of the city or town, reciting the substance of the information, and commanding the officer forthwith to arrest the person complained of, and bring him before the magis

trate.

§ 61. When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

§ 62. If it appear that there is no just reason to fear the commission of the offence alleged to have been

threatened, the person complained of shall be discharged.

§ 63. If, however, there be just reason to fear the commission of the offence, the person complained of may be required to enter into an undertaking in such sum, not exceeding one thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to abide the order of the next court of sessions of the county, and in the mean time to keep the peace towards the people of this state, and particularly towards the complainant.

§ 64. If the undertaking required by the last section be given, the party complained of shall be discharged. If he do not give it the magistrate shall commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

§ 65. If the person complained of be committed for not giving an undertaking, he may be discharged by any two justices of the peace of the county, or police or special justices of the city, upon giving the same.

§ 66. An undertaking given as provided in section 63, must be transmitted by the magistrate to the next court of sessions in the county.

§ 67. Any person who, in the presence of a court or magistrate, shall assault or threaten to assault another,

or to commit any offence against his person or property, or who shall contend with another with angry words, may be ordered by the court or magistrate to give security as provided in section 63, or if he refuse to do so, may be committed as provided in section 64.

§ 68. A person who has entered into an undertaking to keep the peace, must appear on the first day of the next term of the court of sessions of the county. If he do not, the court shall forfeit his undertaking, and order it to be prosecuted, unless his default be excused.

§ 69. If the complainant do not appear, the person complained of shall be discharged, unless good cause to the contrary be shown.

§ 70. If both parties appear, the court shall hear their proofs and allegations, and may either discharge the undertaking or require a new one for a time not exceeding one year.

§ 71. An undertaking to keep the peace shall be deemed broken, on the failure of the person complained of to appear at the court of sessions as provided in section 68, or upon his being convicted of a breach of the peace.

§ 72. Upon the district attorney producing evidence of such conviction to the court of sessions to which the undertaking is returned, that court shall order the

undertaking to be prosecuted; and the district attorney shall thereupon commence an action in the name of the people of this state.

§ 73. In the action, the offence stated in the record of conviction, shall be alleged as the breach of the undertaking, and shall be conclusive evidence thereof.

§ 74. No security to keep the peace or be of good behavior, shall be required, except as prescribed in this chapter.

CHAPTER III.

Police in cities and villages, and their attendance at exposed places.

§ 75. The organization and regulation of the police in the cities and villages in this state, are governed by special laws, and shall remain as at present, until the legislature otherwise provide.

1

§ 76. The mayor or other officer having the direction of the police in a city or village, shall order a force, sufficient to keep the peace to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended.

CHAPTER IV.

Suppression of riots.

§ 77. When a sheriff or other public officer authorised to execute process, shall find or have reason to appre

hend that resistance will be made to the execution of

this

process, he may command as many male inhabitants of his county as he may think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.

$78. The officer shall certify to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they may be proceeded against for their contempt of court.

§ 79. Every person commanded by a public officer to assist him in the execution of process, as provided in section 77, who shall without lawful cause refuse or neglect to obey the command, shall be deemed guilty of a misdemeanor.

§ 80. If it appear to the governor, that the power of any county is not sufficient to enable the sheriff to execute process delivered to him, he shall on the application of the sheriff, order such a military force from any other county or counties as shall be necessary.

§ 81. When persons to the number of twelve or more, armed with dangerous weapons, or persons to the number of thirty or more, whether armed or not, shall be unlawfully or riotously assembled in any city or town, the sheriff of the county and his deputies, the mayor