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.

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

§ 69. 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 must be discharged.

§ 70. 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.

§ 71. If the undertaking required by the last section be given, the party complained of must be discharged. If he do not give it, the magistrate must commit him

to prison, specifying in the warrant, the requirement to give security, the amount thereof, and the omission to give the same.

§ 72. If the person complained of be committed for not giving security, 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.

§ 73. An undertaking given as provided in section 70, must be transmitted by the magistrate to the next court of sessions of the county.

74. A person, who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offence against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate, to give security as provided in section 70, or if he refuse to do so, may be committed as provided in section 71.

§ 75. 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 may forfeit his undertaking, and order it to be prosecuted, unless his default be excused.

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

.

§ 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.

1. 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,

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.