Polynesian., 1850-08-10
mo. 13

(A\Vs IL
such place Of Imprisonment or detention, for
any period not exceeding six months
Provided, however, that if the party charg-
ed shall give recognizance to the govern
ment in sum, and with surety or sure;ies,
TO be approved by the court or magistrate
taking cognizance of the case, conditioned
that he shall not commit the ofense COM
planned of within any time prescribed by
such court or magistrate, not less than six
months, nor more than two years, he shall
be discharged.
8. II the party charged be minor or
married woman, other parties may recognize
in his or her behalf.
CHAPER XXXIX.-Riots aud Uniawful As
sembties
/. Where three or more persons are, Of
their own authority, assembled together
with disturbance, tumuli and violence, and
striking terror or tending to strike terror,
into others, such meeting is an unlawful
assembly, within theemeaning Of the pro-
visions Of this chapter.
g. A riot is where three or more being in
unlawful assembly, join in doing or actually
beginning to do an act, with tumult and vio-
lence, and striking terror, or tending to
strike terror into others.
8. Menacing language, or gestures, or
show OF weapons or other signs or demon
strations tending TO excite terror in others,
are sufficient violence TO characterize an IN
lawful assembly or riot.
4. Concurrence in an intent OF tumult
and violence, and in any violent tumul,u-
Gus act, tending to strike terror into others
is sufficient joining in intent to constitute
a riot, though the parties concerned did not
previously concur in intending the act. For
example, where persons present at public
performance, concur in the intent to dis
turb the same by tumult and violence, tend
ing TO strike terror; or concur in one or
more acts Of tumult or violence tending to
strike terror, done by any Of the assembly.
5. II is not requisite in order to consti-
tule an unlawful assembly or riot, that per-
sons should have come together with
common or unlawful intent, or in any unlaw-
ful manner or that the object Of the meet
ing, or the act done or intended, should Of
itself be unlawful The tumult and violence
tending TO excite terror, characterize the Of
fensc, though the persons may have assem-
bled in a lawful manner, and though the
object of the meeting if legally pursued. or
the act done or intended, if performed in
proper manner, would be lawful.
6. Persons present at riot or unlawful
assembly, and promoting the same, or aid
ing, abetting, encouraging or countenancing
the parties concerned therein by words,
signs, acts or otherwise, are themselves
parties thereto and principals therein.
z. In case of an unlawful assembly being
by proclamation or otherwise ordered to dis
perse by any one having legal authority to
disperse the same, any one voluntarily re-
naming in the assembly after notice Of such
order, except for keeping the peace, is
thereby party concerned in such unlawful
assembly.
s. Every person present in an unlawful
assembly is presumed to have notice Of On
order given by lawful authority in lawful
manner for the same to disperse.
9. Whoever is guilty Of riot or unlawful
assembly, having for its object the destruc-
ton or injury Of any house, building, bridge,
wharf, or other erection or structure; or the
destruction Or injury Of any ship or vessel,
or the furniture, apparel or cargo thereof,
shall be punished by Imprisonment at hard
labor not more than two years, or by hne not
exceeding FIVE hundred dollars and shall
also be answerable TO any person injured to
the full amount OF his damage.
10. Whoever is gully Of being party
concerned in riot or unlawful assembly
endangering the life, limb, health or liberty
of any person, or in any other riot or uE-
lawful assembly, not of the description de-
signated in the above section, shall be pun
ished by Imprisonment at hard labor no,
more than FIVE years, or by fine not exceed
ing one thousand dollars.
H. In case Of any riot or unlawful as
sembly in any town, village or district, it
shall be the duty Of the Governor II any
be resident there, and of every police or
district Justice there resident, and also of
the marshal, sheriff Of the island, and his
deputies, and of the project Of police for
said town, village or district TO 90 among
the persons so assembled, or as near TO them
as may be with safety, and in the name OF
the King to command all the persobs so
assembled Immediately and peaceably 10
disperse and If the persons shall NOT,
thereupon, so. disperse, it shall be me oufy
of each Of said officers 10 command the as
sistance of all persons present, IN se'zing,
arresting and securing in custody the persons
so unlawfully assembled, so that they may
be proceeded with for their offense accord-
ing to law.
IL. If any persons riotously or unlawful.
Iv assembled, who have been commanded
10 disperse by the governor, marshal, sheriff,
deputy sheriff, prefect of police, or dis
trict Justice, shall refuse or neglect 10 ois-
perse without unnecessary delay, any TWO OF
such officers may require the aid OF a sum
cient number of persons 10 arms, or other-