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1786 Mass. Sess. Laws 502, §§ 1-2, An Act to Prevent Routs, Riots, and Tumultuous assemblies, and the Evil Consequences Thereof.

  • Year:
  • 1786
Category:
Jurisdiction:

"Whereas the provision already made by law for the preventing of routs, riots, and tumultuous assemblies and the evil consequences thereof has been found insufficient: 

Sect. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the publication of this Act, if any persons to the number of twelve, or more, being armed with clubs or other weapons; or if any number of persons, consisting of thirty or more, shall be unlawfully, routously, riotously or tumultuously assembled, any Justice of the Peace, Sheriff or Deputy-Sheriff of the county, or Constable of the town, shall, among the rioters, or as near to them as he can safely come, command silence while proclamation is making, and shall openly make proclamation in these or the like words:

Commonwealth of Massachusetts,

BY virtue of an Act of this Commonwealth, made and passed in the year of our LORD One thousand seven hundred and eighty-six, entitled, "An Act for 
suppressing routs, riots and tumultuous assemblies and the evil consequences thereof," I am directed to charge and command, and I do accordingly charge 
and command all persons, being here assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful 
business, upon the pains inflicted by the said Act. GOD save the COMMONWEALTH.

And if such persons, assembled as aforesaid, shall not disperse themselves within one hour after proclamation made, or attempted to be made, as aforesaid, it shall be lawful for every such officer to command sufficient aid, and he shall seize such persons, who shall be had before a Justice of the Peace; and the aforesaid Justice of the Peace, Sheriff or Deputy-Sheriff is hereby further empowered to require the aid of a sufficient number of persons in arms, if any of the persons assembled as aforesaid shall appear armed; And if any such person or persons shall be killed or wounded by reason of his or their resisting the persons endeavoring to disperse or seize them, the said Justice, Sheriff, Deputy-Sheriff, Constable and their assistants shall be indemnified and held guiltless.

Sect. 2. And be it further enacted, That if any person being commanded by such Justice, Sheriff, Deputy-Sheriff or Constable, as aforesaid, shall refuse or neglect to afford the assistance required, and shall be convicted thereof upon the oath of either of the said officers so commanding or other legal evidence, he shall forfeit and pay a sum not less than forty Shillings, no exceeding Ten Pounds, to be recovered by indictment or presentment before the Supreme Judicial Court or any Court of General sessions of the Peace, according to the aggravation of the offence; to be paid into the public treasury for the use of the Commonwealth."

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