required. SEC. 25. If, however, there be just reason to fear the commission Bail may be of the offence, the person complained of may be required to enter into a bond in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace towards the people of this state, and particularly towards the complainant. The bond shall be valid and binding for six months, and may, upon the renewal of the complaint, be extended for a longer period, or a new bond may be required. on bail. SEC. 26. If the bond required by the last section be given, the Discharge 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. SEC. 27. If the person complained of be committed for not giving The like. the bond required, he may be discharged by any magistrate upon giv ing the same. SEC. 28. A bond given, as provided in section twenty-five, must be Bond to be filed. filed by the magistrate in the office of the clerk of the county. the peace in presence. SEC. 29. Any person who, in the presence of a court or magistrate, Breach of shall assault, or threaten to assault another, or to commit any offence magistrate's 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 is provided in section twenty-fifth, or, if he refuse to do so, may be committed, as provided in section twenty-sixth. SEC. 30. A bond to keep the peace shall be broken on conviction Bond when of the person complained against of a breach of the peace. forfeited. prosecuted. SEC. 31. Upon the district attorney's producing evidence of such Bond to be conviction to the court of sessions of the county, the court shall order the bond to be prosecuted, and the district attorney shall thereupon commence an action on the same, in the name of the people of this state. breach. SEC. 32. In the action, the offence stated in the record of con- Evidence of viction shall be alleged as a breach of the bond, and shall be conclusive evidence thereof. to be required. SEC. 33. No security to keep the peace or be of good behavior shall When security be required except as prescribed in this chapter. CHAPTER III. POLICE IN CITIES AND TOWNS AND THEIR ATTENDANCE AT EXPOSED PLACES. SECTION 34. The organization and regulation of the police in cities Police, how and towns in this state are governed by special laws. regulated. Police at public meetings. Sheriff may command assistance. Resisters to be presented. Refusing to assist. Military to aid sheriff. Riotous assembly may be commanded to disperse. Persons riotously assembled may be arrested. Refusing to aid sheriff. SEC. 35. The mayor or other officer having the direction of the police in a city, town, 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. SECTION 36. When a sheriff or other public officer authorized to execute process shall find or have reason to apprehend that resistance will be made to the execution of his 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. SEC. 37. 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. SEC. 38. Every person commanded by a public officer to assist him in the execution of process as provided in section 36, who shall without lawful cause refuse or neglect to obey the command, shall be deemed guilty of a misdemeanor. SEC. 39. 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 military force from any other county or counties as shall be necessary. SEC. 40. Where six or more persons, 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 and aldermen of the city, or the constable of the town and the justice of the peace, shall go among the persons so assembled, or as near to them as possible, and shall command them in the name of the people of the state immedi ately to disperse. SEC. 41. If the persons assembled do not immediately disperse, the magistrates and officers shall arrest them, that they may be punished according to law; and for that purpose may command the aid of all persons present or within the county. SEC. 42. If a person so commanded to aid the magistrates or officers neglect or refuse to do so, he shall be deemed guilty of a misdemeanor and shall be punished accordingly. or officer in quelling riot. SEC. 43. If a magistrate or officer, having notice of an unlawful Magistrate or riotous assembly, as provided in section forty, neglect to proceed neglecting to act to the place of 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 shall be deemed guilty of a misdemeanor. to disperse SEC. 44. If the persons so assembled and commanded to disperse, Magistrate do not immediately disperse, any two of the magistrates or officers assembly. before mentioned 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. Armed force, by whose SEC. 45. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly or arresting the offenders, orders to act. it shall obey such orders in relation thereto as may have been made by the governor, or by a judge of a court of record, or the sheriff of the county, or by any two of the magistrates or officers mentioned in section forty. troops to aid SEC. 46. When there is an unlawful or riotous assembly with the Order for intent to commit a felony, or to offer violence to person or property, civil officers. or to resist by force the laws of the state, and the fact is made to appear to the governor, or to the judge of the supreme or district court, or county court, or to the sheriff of the county, 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 thereof (describing the kind and number of troops) to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws. be forthwith SEC. 47. The commanding officer to whom the order is given shall Such order to forthwith obey the same, and the troops so required shall appear at obeyed. the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then and there receive according to law. proclaim county insurrection. SEC. 48. When the governor shall be satisfied that the execution of Governor may civil or criminal process has been forcibly resisted in any county by in state of bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted, and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, or of the district attorney, or county judge of the county, by proclamation to be published in such papers as he shall direct, declare the county to be in a state of insurrection, and may order into the service of the state such number and description of volunteer or Revoking such proclamation. Resisting authorities after such proclamation. Who liable to impeachment. Impeachments, how tried. Impeachment for misdemeanor in office. impeachment to be served on defendant. uniform companies, or other militia of the state, as he shall deem necessary, to serve for such term and under the command of such officer or officers as he shall direct. SEC. 49. The governor may, when he shall think proper, revoke the proclamation authorized by the last section, or declare that it shall cease at such time and in such manner as he shall direct. SEC. 50. Any person who shall, after the publication of the proclamation authorized by section forty-eight, resist or aid in resisting the execution of process, in any county so declared to be in a state of insurrection, or who shall aid or attempt the rescue or escape of any person from lawful custody or confinement, or who shall resist or aid in resisting any force ordered out by the governor to quell or suppress an insurrection, shall be imprisoned in a state prison for a term not less than two years. PART III. OF PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS, BY IMPEACH- TITLE I. OF IMPEACHMENTS. SECTION 51. The governor, lieutenant governor, secretary of state, comptroller, treasurer, attorney general, surveyor general, justice of the supreme court, and judges of the district courts, shall be liable to impeachment for any misdemeanor in office. SEC. 52. All impeachments shall be tried by the senate; when sitting for that purpose the senators shall be upon oath or affirmation. SEC. 53. When a civil officer of the state is impeached by the assembly for a misdemeanor in office, the articles of impeachment shall be delivered to the president of the senate. Copy of articles of SEC. 54. The senate shall assign a day for the hearing of the impeachment, and inform the assembly thereof. The president of the senate shall cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant, not less than ten days before the day fixed for the hearing. Such copy, how served. SEC. 55. The service must be upon the defendant personally, or if he cannot upon diligent inquiry be found within the state, the senate upon due proof of that fact may order that publication be made, in such manner as they may deem proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment. failing to appear. SEC. 56. If the defendant do not appear, the senate, upon proof of Defendant service or publication, as provided in the two last sections, may of their own motion or for cause shown, assign another day for hearing the impeachment; or may then or at any other time which they may appoint proceed, in the absence of the defendant, to trial and judg ment. SEC. 57. When the defendant appears, he must answer the articles Defendant's of impeachment, which he may do, either by objecting to the suffi- answer. ciency of the same or any article therein, or by denying the truth of the same. impeachment. of truth of SEC. 58. If the defendant object to the sufficiency of the impeach- objection to ment, the objection must be in writing, but need not be in any specific sufficiency of form, it being sufficient if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may Denial be oral and without oath, and shall be entered upon the journal. impeachment. SEC. 59. If an objection to the sufficiency of the impeachment be objection to sufficiency not sustained by a majority of the members of the senate who heard overruled. the argument, the defendant shall be ordered forthwith to answer the articles of impeachment. If he plead guilty or refuse to plead, the senate shall render judgment of conviction against him. If he deny the matters charged, the senate shall, at such time as they may appoint, proceed to try the impeachment. to be sworn. SEC. 60. At the time and place appointed, and before the senate Members of court proceed to act on the impeachment, the secretary shall administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath or affirmation truly and impartially to hear, try, and determine the impeachment and no member of the senate shall act or vote upon the impeachment, or any question arising thereon, without having taken such oath or affirmation. with trial. SEC. 61. The oath or affirmation having been administered, the And to proceed senate shall proceed to try and determine the impeachment and may adjourn the trial from time to time. to convict. SEC. 62. The defendant cannot be convicted on impeachment with- What necessary out the concurrence of two thirds of the members present; and if two thirds of the members present do not concur in a conviction he shall be declared acquitted. judgment. SEC. 63. After conviction the senate shall immediately, or at such Form of other time as they shall appoint, pronounce judgment, which shall be in the form of a resolution entered upon the journals of the senate. The vote upon the passage thereof shall be taken by yeas and nays, and shall in like manner be entered upon the journal. SEC. 64. On the adoption of the resolution by a majority of the Judgment. |