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

§ 78. An undertaking to keep the peace is broken, on the failure of the person complained of to appear at the court of sessions, as provided in section 75, or upon his being convicted of a breach of the peace.

§ 79. Upon the district attorney producing evidence of such conviction to the court of sessions to which the undertaking is returned, that court must order the undertaking to be prosecuted; and the district attorney must thereupon commence an action upon it in the name of the people of this state.

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

§ 81. Security to keep the peace or be of good behavior, cannot be required, except as prescribed in this chapter.

CHAPTER III.

POLICE IN CITIES AND VILLAGES, AND THEIR ATTENDANCE AT EXPOSED PLACES.

SECTION 82. Organization and regulation of the police.

83. Force to preserve the peace, at public meetings, when and how ordered.

The provisions of this chapter sufficiently explain themselves. Section 82 refers to the special local laws now in force;

and section 83 declares a duty now existing at common law, but which the Commissioners think should be clearly enjoined by statute, for the more effectual preservation of the public peace.

82. The organization and regulation of the police in the cities and villages in this state, are governed by special statutes.

§ 83. The mayor or other officer having the direction of the police in a city or village, must order a force, sufficient to preserve 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.

SECTION 84. Powers of sheriff or other officer, in overcoming resistance to

process.

85. His duty to certify to court, the names of resisters and their abettors.

86. Duty of a person commanded to aid the officer.

87. When governor to order out a military force, to aid in executing

process.

88. Magistrates and officers to command rioters to disperse.

89. To arrest rioters, if they do not disperse.

90. Consequences of refusal to aid the magistrates or officers.

91. Consequences of neglect or refusal of a magistrate or officer, to act.

92. Proceedings, if rioters do not disperse.

93. Officers who may order out the military.

91. Commanding officer and troops, to obey the order.

95. Armed force, to obey orders.

96. Conduct of the troops.

97. Governor may, in certain cases, proclaim a county in a state of insurrection.

98. May revoke the proclamation.

99. Consequences of resisting process, after a county is proclaimed in a state of insurrection.

The provisions of this chapter contained in sections 84 to 87, inclusive, are the same in substance as 2 R. S. 3d ed, 537, sec. 101-104. Those contained in sections 88 to 99,

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inclusive, (except section 96, as to which see the note thereto, p. 49, 50,) are in accordance with the spirit of the act to enforce the laws and preserve order; Laws of 1845, p. 53–56.

§ 84. When a sheriff or other public officer, authorised to execute process, finds or has reason to apprehend that resistance will be made to the execution of the 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.

§ 85. The officer must 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 contempt.

86. Every person commanded by a public officer to assist him in the execution of process, as provided in section 84, who, without lawful cause, refuses or neglects to obey the command, is guilty of a misde

meanor.

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

§ 88. When persons, to the number of twelve or more, armed with dangerous weapons, or to the number of thirty or more, whether armed or not, are unlawfully or riotously assembled in a city, village or town, the sheriff of the county and his under sheriff and deputies, the mayor and aldermen of the city, or the supervisor of the town, or president or chief executive officer of the village, and the justices of the peace or the police justices of the city, village or town, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of this state, immediately to disperse.

§ 89. If the persons assembled do not immediately disperse, the magistrates and officers must arrest them, or cause them to be arrested, that they may be punished according to law; and for that purpose, may command the aid of all persons present or within the county.

§ 90. If a person so commanded to aid the magistrates or officers, neglect to do so, he is deemed one of the rioters, and is punishable accordingly.

§ 91. If a magistrate or officer having notice of an unlawful or riotous assembly, mentioned in section 88 neglect to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.

§ 92. If the persons assembled, and commanded to disperse, do not immediately disperse, any two of the magistrates or officers mentioned in section 88, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessary, to disperse the assembly and arrest the offenders.

§ 93. When there is an unlawful or riotous assembly, with intent to commit a felony, or to offer violence to person or property, or to resist by force the laws of the state, and the fact is made to appear to the governor, or to a judge of the supreme court, or to a county judge, or to the sheriff of the county, or to the mayor, recorder or city judge of a city, either of those officers may issue an order directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his command, or any part of it, (describing the kind and number of troops,) to appear at a specified time and place to aid the civil authorities in suppressing violence and enforcing the law.

§ 94. The commanding officer, to whom the order is given, must forth with obey it; and the troops required must appear at the time and place appointed, armed and equipped with ammunition as for inspection.

§ 95. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, it must obey the orders in relation thereto, of either of the officers mentioned in section 93.