then if the said shall then and there give evidence to the jurors who shall pass on the trial of the said

upon the

said bill of indictment, and not depart thence without leave of the court, then this recognisance to be void otherwise to remain in full force.

Taken and acknowledged before me

the day and year aforesaid,

No. 20. The like on an Indictment at the Sessions for a Mis

of

County of

to wit.

of

demeanor.

Be it remembered, that on the

day

in the year of our Lord one thou

sand eight hundred and twenty

in the said county

personally come before me W. R., esq., one of his majesty's justices of the peace in and for the said county, and acknowledged himself to be indebted to our sovereign lord the king, in the sum of [ten pounds] of good and lawful money of the united kingdom of Great Britain and Ireland current in England.

The condition of this recognizance is such, that if the above bounden shall personally appear at the next general quarter sessions of the peace, to be holden in and for the said county, and then and there give such evidence as he knoweth upon a bill of indictment, to be exhibited by

late of

in the said county

for

against [insert the offence] to the jurors who shall enquire thereof, on the part of our sovereign lord the king, and not depart without leave of the court, then this recognisance to be void, other wise to remain in full force.

Taken and acknowledged before me

the day and year aforesaid,

}

No. 21. The like to appear and give Evidence in another

County of

of

to wit.

form.

Be it remembered, that on the

in the

day

year of the reign of our sovereign lord George the fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, &c. of

in the said county of

, [farmer] personally came before me W. R., esq., one of the justices of our said lord the king,

assigned to keep the peace in and for the said county, and acknowledged himself to owe to our said lord the king the sum of [ten pounds] of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said lord the king, his heirs, and successors, if the said shall fail in the condition under

written [or indorsed if, it is so].

Acknowledged before me,

The condition of the above [or, within] written recognisance is such, that if the above bounden do and shall personally appear before the justices of our sovereign lord the king, assigned to keep the peace within the said county, and also to hear and determine divers felonies, trespasses, and misdemeanors in the said county, assembled at the next general quarter sessions of the peace to be holden at in the said county, and do and shall then give such evidence as he knoweth upon a bill of indictment to be exhibited by grand jury, against

late of

of to the in the said county for feloniously taking and conveying away the property of and in case the said bill of indictment shall be found a true bill, then if the said do and shall then and there give evidence to the jurors that shall pass on the trial of the said upon the said bill of indictment, and not depart thence without leave of the court, then the above [or, within] written recognisance to be void, otherwise of full force.

No. 22. The like, taken by Two Justices, to give Evidence at the Assizes.

County of

Be it remembered, that A. B. of

in the county aforesaid, E. F. of to wit. in the county aforesaid, G. H. of in the county aforesaid, I. K. of in the county aforesaid, came before us, W. R. and E. R. M. esquires, two of his majesty's justices of the peace, &c. and each of them separately by himself, and for himself acknowledged himself separately and individually to owe to our sovereign lord the king, [ten pounds] sterling of his goods and chattels, lands and tenements, to be made and levied to the use of our said lord the king, his heirs and successors, &c. The condition of this recognizance is such, that if the above bounden, &c. and every of

of

them shall give attendance and be ready to give evidence against one aforesaid, before his majesty's justices of assize and gaol-delivery, the first day of the next assize and gaol-delivery to be holden for this county of and at all times during the said assizes, for and concerning such matters and things as in his majesty's behalf shall be objected against the said and demanded of the said

or either of them, that then, &c.

RESCUE, see title COMMITMENT.

RIOT.

A RIOT is a tumultuous disturbance of the peace, by three or more persons assembling together of their own authority, with an intent mutually to assist one another against any one who shall oppose them, and afterwards putting the design into execution in a terrific and violent manner, whether the object in question is lawful or otherwise. Haw. b. 2. c. 65. Therefore, to constitute a breach of the peace or riot, it is necessary that three persons, at least, should unite.

To constitute a riot, the parties must also act without any authority to give colour to their proceedings.

It is legal for a justice of the peace to raise a posse in making an entry into lands when he has just reason to fear a violent resistance, and for any ministerial officer resisted in the execution of lawful process, to call on the people to assist him. Hawk. b. 2. c. 65. s. 2.

Women are punishable as rioters, but infants under the age of discretion are not persons within the description of rioters. Haw. b. 1. c. 65. s. 44.

If any person encourages or promotes, or takes part in riots, whether by words, signs, or gestures, or by wearing the badge or ensign of the rioters, he is himself to be considered a rioter, for in this case all are principals. 2 Campb. 370.

The intention also with which the parties assemble, or at least act, must be unlawful. For, if a sudden disturbance arise among persons met together for an innocent purpose, they will be guilty of a mere affray; though if they form parties, and engage in any violent proceedings, with promises of mutual assistance, or if they are impelled with a sudden disposition to demolish a house or other building, there can be no doubt they

are rioters, and will not be excused by the propriety of their original design. Hawk. b. 2. c. 65. s. 3.

But though there must be an evil intention, whether premeditated or otherwise, the object of the riot itself may be perfectly lawful, as to obtain entry into lands, to which one of the parties has a rightful claim; for the law will not suffer private individuals to disturb the peace, by obtaining that redress by force, which the law would regularly award him. Hawk. b. 2.

c. 65. s. 7.

There must be either an actual violence, or an offer to commit it, to the person or property of some individual; and the mere rioting in a tumultuous way about the country, will only constitute an unlawful assembly. 3 Inst. 176.

The distinction between riot, rioting, and unlawful assembly, seems to be, that the first is a tumultuous meeting of persons who are guilty of actual violence; the second, where they endeavour to commit an act which would make them rioters; and the last, where they meet with an intention to make a riot, but neither carry their purpose into effect, nor make any endeavour towards it. 3 Inst. 176. Hawk. b. 2. c. 65. s. 1. 8. 9.

At common law, all sheriffs, under-sheriffs, and peace officers, are both permitted and required to do all in their power towards suppressing a riot, and to call upon others for an assistance, which it is their duty to render.

Private individuals may also of their own accord, arrest the progress of any who are coming to assist in the tumult.

It has also been holden, that they may arm themselves to suppress a riot, when the public safety requires the most vigorous exertions, though such conduct is too violent to be adopted, except where the disturbance is aimed at the exercise of the higher authorities, or borders on acts of sedition. Poph. 121. Kel. 76.

Justices of the peace are also by several statutes, empowered to punish rioters, by means of a summary proceeding. See 34 Edw. 3. c. 1. 17 Rich. 2. c. 8. 13 Hen. 4. c. 7. 19 Hen. 7. c. 13. 13 Car. 2. c. 5.

The usual punishment for riots at common law, is by fine and imprisonment, proportioned to the offence. Hawk. b. 2. c. 65. s. 11.

And hard labour may be imposed, by the 3 Geo. 4. c. 114.

No. 1. Warrant to apprehend for a Riot, by above the number of Twelve Persons remaining together an hour after Proclamation made, under 1 Geo. 1. St. 2. s. 1. 2. County of

[Commencement in common form]. That

of, &c.
of, &c.

of, &c. and divers other day

to wit. persons to the number of [twelve] and more, on the of at, &c. unlawfully, riotously, and tumultuously did assemble and meet together to the disturbance of the public peace, and that they the said, &c. and the said other persons being so unlawfully, riotously, and tumultuously assembled and met together, one W. R. esquire, then being one of the justices of our lord the king, assigned to keep the peace of our said lord the king, in and for the county of aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the same county, as near to the said, &c. and the said divers other persons to the number of [twelve] and more, being then and there so assembled, to the disturbance of the public peace as aforesaid, as he the said [the justice] could then and there safely come with a loud voice, did command and cause to be commanded silence to be while proclamation was making, and the said [the justice] after that, did then and there as near to them the said and the said other persons so unlawfully, riotously, and tumultuously assembled as aforesaid, as he the said [the justice] could safely come openly, and with a loud voice make proclamation (according to the form of the statute in such case made and provided) and that the said and the said divers other persons to the number of [twelve] and more, being so required and commanded by the said [the justice] aforesaid, immediately to disperse themselves and peaceably to depart to their habitations or to their lawful parish (notwithstanding the said proclamation was then and there so openly made as aforesaid) did then and there unlawfully, feloniously, riotously, and tumultuously, to the disturbance of the public peace, remain and continue together by the space of one hour after such proclamation so made as aforesaid, against the form of the statute, &c. and against the peace, &c.

These are therefore, &c. [in common form].