Thursday, May 23, 2013

"and such officer may require a sufficient number of people in arms"

   "ART. 2. Massachusetts statute.
   "ss 1. This enacts "that if any persons to the number of twelve or more, being armed with clubs or other weapons, or if any number of persons, consisting of thirty or more, shall be unlawfully, routously, riotously, or tumultuously assembled, any justice of the peace, sheriff, or deputy sheriff of the county, or constable of the town, shall, among the rioters, or as near to them as he can safely come, command silence while proclamation is making, and shall openly make proclamation in these or like words;" then follows the form of the proclamation; and if they disperse not in one hour after proclamation made or attempted to be made, the officer may command sufficient aid and shall seize, them who shall be had before a justice of the peace, and such officer may require a sufficient number of people in arms, if the rioters or any of them appeared armed, and if any of the rioters by their resistance be killed the officers and assistants are held guiltless. {Side Note: Mass. Act. 0ct. 28, 1786.--Maine Act, ch. 17.--Ken. Act, Dec. 19, 1801, s.32.} 
   "ss 2. Also enacts, that if any person refuses such assistance he forfeits not more than 10, nor less than 2, to the Commonwealth, which may be recovered on indictment or information as it is to the Commonwealth...."
[A GENERAL ABRIDGMENT AND DIGEST OF AMERICAN LAW, WITH OCCASIONAL Notes and Comments BY NATHAN DANE LL.D. COUNSELLOR AT LAW. IN EIGHT VOLUMES. VOL. VII. BOSTON: PUBLISHED BY CUMMINGS, HILLIARD & CO. 1824.]

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