Discretion as to other matters generally.

sary for that purpose, or such as to cause unnecessary loss and suffering to the offender, without corresponding advantage to the public.

§ 203. It would be unbecoming and superfluous in such a work as this to enlarge upon the duties of Justices in the exercise of their discretion in other matters-such, for instance, as the granting of licenses, and other acts in which they have power to make personal and local preferences,-or to enforce upon them, by very obvious considerations, the grave obligations by which they are bound, on accepting so solemn a trust as that of the Magistracy, to refrain from acting, in the discharge of their important duties, on personal motives or inclinations, and to be guided to their conclusions by fixed principles of reason, morality, and law.

73

CHAPTER IV.

THE CONSERVATION OF THE PEACE.

INTRODUCTION.

$204. "The Common Law," says Blackstone, "hath ever had a special care and regard for the conservation of the peace; for peace is the very end and foundation of civil society."

servator.

§ 205. The Sovereign is the general Conservator of the The Sovereign public peace, and acts, in that respect, by delegation of general Conauthority to judicial and other officers. The public peace is, in the eye of the law, and for the convenience of the community, considered the peace of the Sovereign and offences, therefore, are alleged to have been committed against the peace of the Sovereign. Hence it is that the Sovereign is the proper party to prosecute all public offences and breaches of the peace, and has also the right to pardon offenders.

$206. Before the institution of Justices of the Peace by Other ConStatute, there were, as we have seen (ante, pp. 1, 2), special servators Conservators of the Peace at Common Law, whose duties and functions are now vested in the Judges, Justices of the Peace, Coroners, Sheriffs, Constables, and other Peace Officers.

§ 207. Of the offences specially affecting the public peace with which its conservators may have to deal, some are felonious, and others not felonious. Some of them involve actual breaches of the peace, others are merely provocative of such breaches; some are punishable on indictment, or on summary conviction; others are dealt with by binding over the accused party with sureties to keep the peace or be of good behaviour, and some both by punishment and binding over.

Offences speci

ally against the peace.

Duties, &c., of Justices.

§ 208. Before entering into a specific consideration of these various matters in detail, it is to be remarked generally, that whatever powers or duties attach to private persons or to constables in respect of the conservation of the peace, are also applicable to Justices, besides those which devolve upon them specially.

The duties of Justices under this head of their jurisdiction will be found to be of three kinds,-the first respecting the prevention, the second the suppression, and the third the punishment of breaches of the peace; but instead of treating of these in order, it will be more convenient to enumerate the various offences which specially affect the public peace, and point out the duties and powers of Justices respecting them, omitting those offences which, though they may involve a breach of the peace, are not mainly punishable in respect thereof.

Continuing

sembly after

OFFENCES SPECIALLY AFFECTING THE PUBLIC PEACE.

Unlawful Assembly after Riot Act read.

§ 209. The most serious offence against the public peace, unlawful as- after a treasonable levying of war, consists in twelve or more Riot Act read. persons remaining together unlawfully, riotously, and tumultuously assembled, to the disturbance of the peace, for the space of an hour, after a Justice of the Peace, the Sheriff or the Under Sheriff, has made a proclamation calling on them to disperse, or, as it is popularly described, "read the Riot Act."

Riot Act,

c. 5.

By the Statute 1 Geo. I. St. 2, c. 5, commonly called "The 1 Geo. I. St. 2, Riot Act," this offence is made a felony; and by subsequent Acts it is punishable, on indictment, by penal servitude or imprisonment.

Sec. 5.

Moreover, if the reading of the proclamation be opposed by force, or the reader be wilfully hindered from reading it, the opposers and hinderers, and all persons to whom such proclamation ought to have been made, and knowing of the hindrance, and not dispersing, are felons within the operation of the Act.

$210. The first thing to be determined with respect to a What is an meeting of twelve or more persons is, whether it be an unlaw- unlawful asunsembly. ful assembly. If the meeting be quiet and peaceable, and be held for a purpose not prohibited by law, it cannot be dispersed under the Riot Act. Perhaps, if it obstructed a highway or a public street, persons taking part in it might be liable to be removed, or be made responsible under local laws for obstruction of the highway. But if the parties assemble or meet together for the purpose, either expressed, or to be inferred from the circumstances, of doing something, which if done would amount to a riot, the assembly is unlawful under the provisions of the Riot Act. Indeed, any meeting of a great number of people, accompanied by such circumstances of terror as cannot but endanger the public peace, and cause fear or alarm-not merely to the weak and timid, but to persons of reasonable firmness and courage—

(for instance, the carrying of deadly weapons), even although 1 Hawk. P. C. the object of the meeting may be to complain of a common B.1, c. 65, §. 9. grievance, or to consult together for the protection of common interests, is an unlawful meeting under the Act.

whom, and

§ 211. Any one or more Justices of the Peace (and the Reading the Sheriff or Under Sheriff, within his own district) may require such unlawful meeting to disperse; and the mode prescribed how. by the Act must be strictly followed by them in doing so. The Justice, &c., having come among the rioters, or as near to them as he can with safety, must with a loud voice command, 1 Geo. I. St. 2, or cause to be commanded, that silence shall be kept while c. 5, s. 2. proclamation is making, and after that he must openly and

with loud voice make or cause to be made proclamation in

these words, or to the like effect:

"Our Sovereign Lady the Queen chargeth and com- The Procla"mandeth all persons being assembled immediately to dis- mation. "perse themselves, and peaceably to depart to their habita"tions, or to their lawful business, upon the pains contained "in the Act made in the first year of King George, for "preventing tumultuous and riotous assemblies."—" God "save the Queen."

Apprehension

N.B. As the proclamation must be made correctly, in order to make the offence a felony, a copy of the Act, or a written or printed copy of the proclamation, previously ascertained to be correct, should be used by the Magistrate. He ought also to take accurate notice of the time when he concludes reading the proclamation. If convenient, it would be better for him to make a note in writing of the hour, in case of subsequent dispute.

§ 212. If, after the expiration of one hour from the making after an hour. of the proclamation, twelve or more persons who have continued together so unlawfully assembled, shall not have dispersed, every Justice of the Peace, Sheriff, Under Sheriff, Head Officer, or other Peace Officer, and every one of the Queen's subjects of sufficient age and ability, whom such Justice, Sheriff, Under Sheriff, or Head Officer, shall command to assist, are empowered and required to seize and apprehend such persons so continuing together, and forthwith to carry them before one or more Justices of the Peace, in order to their being proceeded against according to law.

Information.

Indemnity for killing or hurting offenders, s. 3.

§ 213. An information may then be laid by any person cognizant of thematter. Probably the chief Constable would be the most proper person to institute proceedings; and if the evidence of the Justice who read the proclamation, or of any Justice who assisted in the apprehension of the accused, should be necessary to support the prosecution, it would be inconvenient that such Justice should conduct the examination.

§ 214. For the protection of Justices, officers, and others assisting them, the Riot Act provides that if any of the offenders be killed, maimed, or hurt, in dispersing or apprehending, by reason of their resisting the persons so dispersing or apprehending or endeavouring to disperse or apprehend them, such persons are indemnified against all proceedings in respect of such killing, maiming, or hurting.