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272 17 R. 2, CAP. 8, RIOTS.
Altered. 13 H. 4, c. 7. The common law requires sheriffs, constables, and other peace officers to do all that in them lies towards the suppression of riots, and they may command others to assist them, State v. Mayhew, 2 GUI, 501. It is no ex- 203 cues that from the number* of rioters the single aid of the person so called upon would have been of no use, R. v. Brown, 1 Car. & M. 314, where the requisites to support an indictment against a person refusing to aid a constable in quelling a riot are stated. Any private person also may, at common law, lawfully appease such disturbances, by staying the persons engaged in them from executing their purpose, and may also arm himself to suppress a riot, Case of arms, Poph. 121; see U. S. v. Fenwick, 4 Cr. C. C. 675, and, though it is hazardous to proceed to such extremities, use those arms if necessary. In 1 Hawk. P. C. 208, it is said, that it is no way safe for private persons to go so far in common cases, and such violent methods seem only proper against such riots as savour of rebellion. But Chambre J. observed in Handcock v. Baker, 2 B. & P. 265, that a private |
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