Unlawful assembly.-Any meeting whatsoever of! great numbers of people with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the King's subjects, is an unlawful assembly. It has been laid down by Alderson B. that "any meeting assembled under such circumstances as, according to the opinion of rationai and firm men, are likely to produce danger to the tranquillity and peace of the neighbourhood, is an unlawful assembly; and in viewing this question the jury should take into their consideration the way in which the meeting was held, the hour at which they met, and the language used by the persons assembled, and by those who addressed them; and then consider whether firm and rational men, having their families and properties there, would have reasonable ground to fear a breach of the peace, as the alarm must not be merely such as would frighten any foolish or timid person, but must be such as would alarm persons of reasonable firmness and courage." And all persons who join an assembly of this kind, disregarding its probable effect, and the alarm and consternation which are likely to ensue, and all who give countenance and support to it, are criminal parties. The difference between a riot and unlawful assembly is this: if the parties assemble in a tumultuous manner and actually execute their purpose with violence it is a riot; but if they merely meet upon a purpose which, if executed, would make them rioters, and having done nothing, they separate without carrying their purpose into effect, it is an unlawful assembly. An assembly of a man's friends for the defence of his person against those who threaten to beat him if he go to such a market, &c., is unlawful; but an assembly of a man's friends in his own house for the defence of his property or person is lawful. An assembly of persons to witness a prize fight is an unlawful assembly, and every one present and countenancing the fight is guilty of an offence. Where sixteen persons with their faces blackened, and armed with guns and sticks, met at a house at night, intending to go out poaching, it was held to be an unlawful assembly *

*The following illustration of such offence, is given by Sir James

Suppression of riots by common law. By the common law the magistrate, sheriff, under-sheriff, constable, and every other peace officer, may and ought to do all that in them lies towards the suppression of a riot, and may command all other persons to assist them; and by the common law also any private person may lawfully endeavour to appease such disturbances by staying the persons engaged from executing their purpose, and also by stopping others coming to join them. It has been held also that private persons may arm themselves in order to suppress a riot, from whence it follows that they may use arms in suppressing it if there be necessity. However it may be very hazardous for private persons to proceed to these extremities; but if a felony be about to be committed the interference of private persons will be justifiable, for a private person may do anything to prevent the perpetration of a felony.

The duties of private persons, soldiers, sheriffs, and peace officers in suppressing a riot were most clearly expounded by Lord C. J. Tindal in his charge to the Bristol Grand Jury, as follows:

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By the common law every private person may lawfully endeavour of his own authority, and without any warrant or sanction of the magistrate, to suppress a riot by every means in his power. He may disperse or assist in dispersing those who are assembled; he may stay those who are engaged in it from executing their purpose; he may stop and prevent others whom he shall see coming up from joining the rest; and not only has he authority, but it is his bounden duty as a good subject of the King, to perform this to the utmost of his ability. If the riot be general and dangerous, he may arm himself to keep the peace. It would undoubtedly be more prudent to attend, and be assistant to the justices, sheriffs, or other ministers of the King in doing this; for the presence and authority of the magistrate would restrain the proceeding to such extremities until the danger were sufficiently immediate, or until some felony was either committed, or could not be prevented without recourse to arms; and at all events the assistance given by men who act in

Stephen:-A, B, and C meet at A's house for the purpose of beating D, who lives a mile off. They then go together to D and there beat him. At A's house the meeting is an unlawful assembly, on the road it is a rout, ani when the attack is made upon D it is a riot.

subordination and concert with the civil magistrate will be more effectual to attain the object proposed than any efforts, however well intended, of separated and disunited individuals. But if the occasion demands immediate action and no opportunity is given for procuring the advice or sauction of the magistrate, it is the duty of every subject to act for himself and upon his own responsibility in suppressing a riotous and tumultuous assembly. The law acknowledges no distinction in this respect between the soldier and the private individual. The soldier is still a citizen, lying under the same obligation, and invested with the same authority to preserve the peace of the King as any other subject. Undoubtedly the same exercise of discretion which requires the private subject to act in subordination to and in aid of the magistrate rather than upon his own authority, before recourse is had to arms, ought to operate in a stronger degree with a military force. But where the danger is pressing and immediate where a felony has actually been committed, or cannot otherwise be prevented, and from the circumstances of the case no opportunity is. offered of obtaining a requisition from the proper autho-rities, the military subjects of the King not only may, but are bound to do their utmost, of their own authority, to prevent the perpetration of outrage, to put down riot and tumult, and to preserve the lives and property of the people. Still further, by the common law not only is each private subject bound to exert himself to the utmost, but every sheriff, constable, and other peace officer is called upon to do all that in them lies for the suppression of riot, and each has authority to command all other subjects of the King to assist him in that undertaking. It is not left to the choice or will of the subject to attend or not to the call of the magistrates as they think proper, but every man is bound when called upon under pain of fine and imprisonment, to yield a ready and implicit obedience to the call of the magistrate, and to do his utmost in assisting him to suppress any tumultuous assembly."-Russell on Crimes.

The intentional infliction of death or bodily harm is not a crime when it is done either by justices of the peace,. peace officers, or private persons, whether such persons are and whether they act as, soldiers under military discipline or not, for the purpose of suppressing a general and dangerous riot, which cannot otherwise be suppressed.-(Stephen's Digest of C. L.)

Suppression of riots by statute.-The "Riot Act " may be read by a magistrate, sheriff, sub-sheriff, or mayor, when twelve or more persons are riotously assembled to the disturbance of the public peace (which

constitutes a tumultuous assembly); and, if after the reading of that proclamation, such persons riotously continue for the space of one hour, they are guilty of a serious felony. When the proclamation has been more than once read, the hour will be counted from the first reading. But the civil power is not required to wait one hour, or one moment, to put down disturbance, they are bound to maintain the peace, and in doing so can repel force by force. In a riot, any magistrate present, or called upon, is bound to interfere. Whenever the Constabulary are called upon to quell a riot, their exertions should be at once directed to the arrest of the ringleaders. In all cases of riots and unlawful assemblies if arrests are not made, the principals, ringleaders, and as many of the other offenders as possible should be identified, and the part taken by each noted, so that they may afterwards be brought to justice.

Whenever a police force is assembled upon any occasion for the preservation of the public peace, the Officer, Head, or other Constable in charge thereof, should invariably have in his possession a copy of the following extract from the 27 Geo. III., cap. 15, section 2 (Ir.), commonly called the "Riot Act," to be read, should it be necessary so to do, by the magisurate in attendance :

"And be it enacted, that the order and form of the proclamation which shall be made by the authority of this Act, shall be as hereafter followeth (that is to say)—The justice or other person authorized by this Act to make the said proclamation shall, amongst the said rioters, or as near to them as he can safely come, with a loud voice command, or cause to be commanded, silence to be kept whilst pro clamation is making, and after that shall openly and with loud voice make, or cause to be made, proclamation in these words, or like in effect: Our Sovereign Lady the Queen* chargeth and commandeth all person's being assembled, immediately to disperse themselves, and peaceably to depart to their habit tions, or to their lawful business, upon the pains contained in the Act made in the twenty-seventh year of King George the Third to prevent tumultuous risings and assemblies; and every such magistrate as aforesaid, within the

In the section the words " 'Lady the Queen" are substituted for "Lord the King."

limits of his jurisdiction, is hereby authorized, empowered, and required, on notice or knowledge of any such unlawful, riotous, and tumultuous rising or assembly as aforesaid, to resort to the place where the same shall be, and there to make, or cause to be made, proclamation in manner aforesaid. God save the Queen

If the proclamation be read several times, the hour is to be computed from the first reading. Great care must be taken in reading the proclamation correctly. It may be here remarked that a riot is not the less a riot or an illegal assembly the less so because this proclamation has not been made; the effect of the Act being to make the parties guilty of a capital offence if they do not disperse within an hour after the proclamation, and if the proclamation be not read, or be improperly so, still the common law offence remains.-(Burns, J. P.) See also page 452.

When a riot has commenced one magistrate may order all public-houses to be closed for such a length of time as he thinks fit; or if a riot be apprehended, two magistrates can issue this order. Publicans refusing are liable to a fine of £2 (3 & 4 Wm. IV., c. 68, s. 21).

[A, a civil magistrate, directs B, a military officer, to order his men to fire into a mob. B gives the order. It is obeyed, and C, a common soldier, shoots D dead. The question whether A, B, and C, respectively, committed any offence depends on the question whether each of them respectively had reasonable grounds to believe, and did, in fact, believe, in good faith, either that what they did was necessary to suppress a dangerous riot, or in the case of B, that A, or in the case of C that B had reasonable grounds to believe, and did believe, that the order given was necessary to suppress a dangerous riot. A's directions to B. and B's order to C, would not necessarily justify B or C in what they did, but would be facts relevant to the question whether they believed upon reasonable grounds as aforesaid.-Stephen's Digest of C. L.]

Roads and bridges (30 & 31 Vic., c. 112, s. 1.)—Any three justices at petty sessions may, by writing under their hands, order any sum not exceeding £50, to be expended in repairing any road, bridge, pier, quay, wall, house building, or other work constructed and maintained by Grand Jury presentment, which may be suddenly damaged, or in erecting a temporary bridge, gullet, pier, quay, wall, or fence suddenly carried away or destroyed, or in preserving the materials, provided it appears that such repairs cannot be delayed to the next assizes without prejudice to the public, and that the necessity therefor be notified to them by the county surveyor; the justices may appoint a person to execute such repairs.