Intervention of

officers, in what cases.

Persons acting in their aid justified.

CHAPTER II.

OF THE INTERVENTION OF THE OFFICERS OF JUSTICE.

SECTION 697. Intervention of officers, in what cases.

698. Persons acting in their aid justified.

697. (§ 18.) Public offenses may be prevented by the intervention of the officers of justice:

1. By requiring security to keep the peace; 2. By forming a police in cities and towns, and by requiring their attendance in exposed places;

3. By suppressing riots.

NOTE.-Subd. 1, see Sec. 706, post.

Subd. 2, see Sec. 720, post.

Subd. 3-At common law, "the Sheriff, Under Sheriff, Constable, or any other peace officer, may and ought to do all that in them lies towards the suppressing of a riot, and may command all other persons to assist them."-1 Russ. Crimes, pp. 285-6. So, also, may private persons, by endeavoring to stay the execution of riotous purposes.-1 Hawk. P. C., Chap. 65, Sec. 11; and may arm themselves for that purpose, and, if necessary, may use the arms. Who are peace officers, see Sec. 817, post. Who may arrest and when, Secs. 836-838, post.

698. (§ 19.) When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing.

NOTE.-Who are peace officers, see Sec. 817, post; see note to Sec. 697, ante.

CHAPTER III.

SECURITY TO KEEP THE PEACE.

SECTION 701. Information of threatened offense.

702. Examination of complainant and witnesses.
703. Warrant of arrest.

704. Proceedings on charges being controverted.

SECTION 705. Person complained of, when to be discharged. 706. Security to keep the peace, when required.

707. Effect of giving or refusing to give security.

708. Person committed for not giving security, how dis-
charged.

709. Undertaking to be filed in Clerk's office.

710. Security, when required for assault committed in the
presence of a Court or magistrate.

711. Undertaking, when broken.

712. Undertaking, when and how to be prosecuted.

713. Evidence of breach.

714. Security for the peace not required, except in accord

ance with this Chapter.

tion of

offense.

701. (§ 20.) An information may be laid before Informaany of the magistrates mentioned in Section 808, that threatened a person has threatened to commit an offense against the person or property of another.

NOTE.-Stats. 1863, p. 158. The section referred to is Section 103 of the Crimes and Punishment Act of 1851; the word "information" is used in place of the word "complaint," as more expressive. That a named person is menacing or threatening to do towards or against the person or property of another an act which the Penal Code forbids to be done, or is omitting to do that which it commands, must be the subject of the information provided for in the text. The threat of an intention to commit the offense must appear to be one which will be executed unless the person so threatening is further restrained than he seems to be by the fact that the act is in violation of the law.

tion of

ant and

702. (§ 21.) When the information is laid before Examinasuch magistrate he must examine on oath the in- complainformer, and any witness he may produce, and must witnesses. take their depositions in writing, and cause them to be subscribed by the parties making them.

NOTE. This should be in concise language, stating all the jurisdictional facts, and should clearly specify the threatened offense, and when reduced to writing and sworn to constitutes the complaint or information upon which the warrant issues.

703. (§ 22.) If it appears from the depositions Warrant that there is just reason to fear the commission of the

of arrest.

Proceedings on charges being con

offense threatened, by the person so informed against, the magistrate must issue a warrant, directed generally to the Sheriff of the county, or any Constable, Marshal, or Policeman in the State, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate.

704. (§ 23.) When the person informed against is brought before the magistrate, if the charge be troverted. controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

Person complained of, when

to be

705. (§ 24.) If it appears that there is no just reason to fear the commission of the offense alleged discharged. to have been threatened, the person complained of must be discharged.

Security to keep

the peace, when required.

Effect of

giving or refusing to give security.

Person committed for not giving security, how

706. (§ 25.) If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking 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 informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required.

707. (§ 26.) If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

708. (§ 27.) If the person complained of is comdischarged. mitted for not giving the undertaking required, he

may be discharged by any magistrate, upon giving the same.

709. ($28.) The undertaking must be filed by the magistrate in the office of the Clerk of the county.

when

for assault committed in the presence of

710. (§ 29.) A person who, in the presence of a Security, Court or magistrate, assaults or threatens to assault required another, or to commit an offense against his person or property, or who contends with another with angry a Court or words, may be ordered by the Court or magistrate to give security, as in this Chapter provided, and if he refuse to do so, may be committed as provided in Section 707.

magistrate

ing, when

711. Upon the conviction of the person informed Undertak against of a breach of the peace, the undertaking is broken. broken.

ing, when

to be

712. (§ 31.) Upon the District Attorney's pro- Undertak ducing evidence of such conviction to the County and how Court of the County, the Court must order the under- prosecuted taking to be prosecuted, and the District Attorney must thereupon commence an action upon it in the name of the people of this State.

of breach.

713. (§ 32.) In the action the offense stated in Evidence the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.

714. (§ 33.) Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this Chapter.

Security peace not

for the

required, except in accordance with this

NOTE.-These proceedings are provided for securing Chapter. a more perfect respect for the law than their mere existence carries to the person upon whom they are intended to operate. Every one is presumed to know the law, but in many instances, as a matter of fact, the existence of the law is unknown. By these proceed

ings, therefore, an actual breach of the law may be prevented where an ignorant violation would be punished.

Organization and regulation of the police.

Force to

preserve the peace at public meetings, when

and how ordered.

CHAPTER IV.

POLICE IN CITIES AND TOWNS, AND THEIR ATTENDANCE AT
EXPOSED PLACES.

SECTION 719. Organization and regulation of the police.

720. Force to preserve the peace at public meetings, when and how ordered.

719. (§ 34.) The organization and regulation of the police, in the cities and towns of this State, is governed by special laws.

720. (§ 35.) The Mayor or other officer having the direction of the police of a city or town must order a force, sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended.

NOTE.-Personal knowledge, or a complaint, or information, as provided in Sec. 701, ante, or any other reliable facts coming to the officer, is sufficient, if it induce the belief that a breach of the peace is reasonably to be apprehended.

CHAPTER V.

SUPPRESSION OF RIOTS.

SECTION 723. Power of Sheriff or other officer in overcoming resist

ance to process.

724. The officer to certify to Court the name of the resisters,

etc.

725. When Governor to order out a military force to aid in

executing process.

726. Magistrates and officers to command rioters to disperse. 727. To arrest rioters if they do not disperse.

728. Officers who may order out the military.