however, for a private person not to act independently, but to act in combination with and in assistance of the magistrate, sheriff, or constable, for in that way his services are more likely to be effective, and he will have the benefit of the judgment and observations of others also. Yet whatever is honestly done by him in suppressing the assembly will be supported and justified by the common law. And whether he is a private individual or a soldier, his duty is the same in this respect, for a soldier does not cease to be a citizen, though he is more likely to associate himself closely, as he ought to do, with those in authority, and act under their specific instructions. An honest zeal in both according to their separate ability is a duty, and will be a sufficient protection in case of any accidental mistake they may commit.1

3

Remedy against rioters.-The mode of punishing rioters is usually by indicting some of the ringleaders, and where the expense of trying so many is to be avoided, some who are joined in the indictment may enter into a rule to confess judgment if their fellows are convicted.2 The essential thing to prove on an indictment for riot is the common purpose, and that terror was thereby caused to the queen's subjects. The verdict, in order to stand, must be a verdict of guilty against at least three persons; but if a verdict is found against two, and others included in the indictment had died, and so were not tried, the verdict will be held good, because the two will be presumed to have been guilty with others not tried. The sentence for a riot, at common law, is fine and imprisonment, and the court may require security of the peace, which would be forfeited if the party again formed part of a meeting which the constable had to suppress.5 And the court may add hard labour to the imprisonment. The costs of prosecutor and witnesses may in such cases be ordered by the court to be paid by the county.?

6

Though the usual mode of proceeding against rioters is by indictment, yet in some of the cases, especially those connected with the administration of justice, or the election

1 Per Tindal, C. J., R. v Pinney, 5 C. & P. 261. 2 Anon. 3 Salk. 317; R. v Middlemore, 6 Mod. 212; Lofft, 44. 3 R. v Hughes, 4 C. & P., 373. 4 R. v Scott, 3 Burr. 1262; 2 W. Bl. 291, 350; 2 Hawk. P. C. c. 47, § 8. 5 R. v Blissett, 1 Mod. 13. 7 7 Geo. IV. c. 64, § 23.

c. 114.

6 3 Geo. IV.

of members of parliament, the Queen's Bench Divison will allow a criminal information, but, this being a mere variation in procedure, the punishment is the same in the end.1

Early legislation as to putting down riots.-Though the above is the mode of suppressing and punishing riots at common law, there have been various changes in the treatment of this offence effected by statute. An offence like riot, which strikes at the root of all good government, and all security in ordinary employments, has given much trouble to the legislature, as may be supposed, and it is after considerable variety of experiments that a somewhat settled mode of suppressing riots has been adopted and acted on. We may, not without profit, look back a few centuries at the way in which our ancestors sought to put down this most pestilent of social disorders. Soon after the first institution of justices of the peace by Edward III, -a body of gratuitous judges, said to be peculiar to the United Kingdom,2-it was seen that their services would be, above all, most effective in cases of riot, and indeed such a contingency was exactly that which they are peculiarly created to deal with. The statute of 34 Edward III. cap. 1, expressly empowered justices to restrain and arrest, pursue and chastise rioters, and authorise others to arrest them. And this statute was held to authorise each individual justice to arrest, though not to try and punish the rioters.3 Statutes of Richard II.went further, and expressly authorised the sheriffs on attaining knowledge of a riot to go with the strength of the county, and put offenders in prison till due execution of the law be made. And all lords and other liege people of the realm were to attend with all their strength and power upon these sheriffs and ministers.* Another statute forbade persons to ride armed, night or day, or to wear a skull of iron or other armour.5 Again a statute of Henry IV., still more emphatic, made it the duty of two or more justices, with the sheriff, to arrest rioters and draw up a record or certificate of the facts, which was to be equivalent to a presentment of a jury. All persons able to travel were bound under pain of fine

1 R. v Kynaston, 2 Burr. 378; R. v Hunt, 1 L. Ken. 108; R. v Ingram, 2 Salk. 593; R. v Tempest, T. Raym. 336; R. v Pugh, 6 Mod. 140. 2 1 Camp. Chrs. 272. 38 Co. 121; Dalt. c. 22. 4 15 Rich. II. c. 2; 17 Rich. II. c. 8. 5 20 Rich II. c. 1.

and imprisonment, to join and assist the justices and sheriff. And the same statute made it the special duty of the justices dwelling nearest to the scene of riot (though other justices were not thereby discharged from a like duty if none of them had taken the duty upon him) to put the statute in force, under a penalty of £100.1 And by still another confirming statute, if the justices and sheriffs failed in their duty, a party grieved might procure them to be punished for their neglect. And a statute of Mary made it felony for twelve persons to assemble to alter the laws, or to break fences or fenceways, if they did not disperse in one hour after proclamation.3

Under these statutes, which are mostly unrepealed, it is an indictable offence for any person of whatever degree to refuse, after reasonable warning, to assist the justices and sheriffs in suppressing riots, by arresting and lodging in prison the rioters; though the lame, and the halt, and the blind, and it is added, women, and clergymen, and infants under fifteen have been held by the courts to be impliedly excused from this duty. And on the same account such persons were entitled to carry arms, and were protected against liability for arrests or assaults committed in furtherance of the duty. The same statutes have made it incumbent on all the justices of the county to see these powers enforced, and though justices are not excused merely because those who reside nearest the scene of riot have not done their duty, yet whenever some justices have taken on them the duty, the rest are then excused, from interfering,5 though they require to be vigilant to see that the machinery shall in no case break down for want, at any moment, of acting justices. The chief responsibility in cases of riot, it will thus be seen, lies not with private individuals, but with justices of the peace, for they are to set in motion the machinery for restoring order and to judge when it will be prudent to resort to force, and if need be, to deadly weapons, if no other means suffice. They may act not only on their own view of the situation, but also on the credible information of others. But while these ancient statutes give ample power and encouragement to justices, and though

113 Henry IV. c. 7; 19 Henry VII. c. 13. 22 Henry V. c. 8. 31 Mary, st. 2, c. 12; 1 Eliz. c. 15. 4 1 Hawk. c. 65. 5 1 Hawk. P. C. b. i. ch. 65, §.46.

the Star Chamber was peculiarly zealous in assisting to punish riots, it was found that some improvement was needed in the machinery for arresting and suppressing so dangerous an offence, and at length, in 1714, a new act, since called the Riot Act,1 was passed, which still governs the subject, and requires particular notice.2

Reading the riot act. The riot act does not deal with every kind of riot, but singles out those in which twelve or more persons join, and its chief object is to enable the justices to take early steps and to administer a solemn warning. If that warning is neglected, or deliberately set at naught, the rioters incur serious guilt, and are subjected to very severe and summary treatment. This riot act was deemed so important, that it was directed to be read openly at every quarter sessions as a standing order to be known by heart by its chief administrators.3 Much turns upon the exact language of the statute. If twelve or more persons be assembled unlawfully, riotously, and tumultuously, and, being commanded by proclamation by one or more justices or sheriffs or mayor, to disperse peaceably, shall nevertheless continue together riotously for the space of an hour, then they become from that moment guilty of felony, and it is equally a felony to wilfully obstruct those who make this proclamation. The punishment, which was declared in 1714 to be capital, was in 1837 reduced to penal servitude for life, or for not less than fifteen years, or imprisonment for three years with hard labour, together with solitary confinement. This confinement, however, cannot exceed three months in the year, or more than one month at a time. And the prosecution, being severe, must be commenced within twelve months after the offence is committed."

5

The riot act, though useful and often necessary as a means of more speedily suppressing riots and overawing the rioters, is by no means an essential towards this result. It enhances the guilt of the parties who disobey the law after its provisions have been brought to bear on the situation, but if it is not resorted to, the riot, nevertheless, still remains punishable under the common law and the earlier statutes. This proclamation enjoined by the riot

1 Hudson, Star Ch. 82. 21 Geo. I. st. 2, c. 5. 4 1 Geo. I. st. 2, c. 5. 51 Vic. c. 61. 7 R. v Fursey, 6 C. & P. 81.

c. 5, § 7.

c. 5, § 8.

31 Geo. I. st. 2. 6 1 Geo. I. st. 2,

act, which is directed to be made in a loud voice as near the rioters as can safely be done, is a leading feature in the machinery. It is set forth in the statute, and is as follows: Our sovereign lord the king chargeth and commandeth all persons being assembled immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act of King George for preventing tumults and riotous assemblies. God save the King." Every justice, sheriff, mayor, or bailiff is required on notice of such a riot to resort to the scene and cause such a proclamation to be made.1

Duty of justices after proclamation of riot.-When the proclamation is made, or, as it is commonly said, when the riot act has been read, the justices and sheriffs and peace officers may command all her majesty's subjects of age and ability to render active assistance in seizing and apprehending the rioters. And it is expressly added that if the rioters shall happen to be killed, maimed, or hurt in the efforts to disperse and seize them, those using such efforts shall be free from all blame whatever.2 If any of the rioters attempt to escape after the hour limited has expired, they are liable to be seized by any person and carried before a justice of the peace. And even though a person be not present during the whole of this hour of grace, he will come within the penalties of the statute if found during part of the hour. Moreover, if the riot act be read more than once, the second reading does not supersede the first, and the computation of time must be taken from the earliest date.5

In applying this important statute, it is to be borne in mind that it is not left to the mere discretion of the justice to decide conclusively that a meeting is a riotous assembly; all that is meant, is, that, if it is a riotous assembly, and he make the proclamation, then the offence, instead of being a misdemeanour, will be turned into a felony. And hence in any indictment it is necessary to prove that the

6

1 1 Geo. I. st. 2, c. 5, § 2. 2 1 Geo. I. st. 2, c. 5, § 3. 31 Geo. I. st. 2, c. 5, § 3. 4 R. v James, 1 Russ. Cr. 277. 5 R. v Woolcock, 5 C. &. P. 516. It has been said that if the words "God save the Queen," are omitted, the proclamation will be insufficient.-R. v Child, 4 C. & P. 442; sed quære. 6 R. v James, 5 C. & P. 154.