§ 706. SECURITY TO KEEP THE PEACE, WHEN REQUIRED. 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. History: Enacted February 14, 1872, re-enactment with verbal changes of § 25 Criminal Practice Act 1851, Stats. 1851, pp. 214, 215. CONTROVERTING PROCEEDINGS. 1. Nature of proceeding. 2. No appeal lies from order of magistrate. 1. Nature of proceeding. This proceeding, though in sense an examination, is full and complete exercise of jurisdiction of magistrate, and his conclusion is, far as defendant is concerned, final determination of controversy, and his order that accused person stand committed contains SO all essentials of final judgment.-Holliday See, also, ante, § 701, note par. 3. As to power of magistrate to require investment in liberty bonds, etc. See, ante, § 701, note par. 4. $707. EFFECT OF GIVING OR REFUSING TO GIVE SECURITY. 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 requirements to give security, the amount thereof, and the omission to give the same. History: Enacted February 14, 1872, re-enactment of § 26 Criminal § 708. PERSON COMMITTED FOR NOT GIVING SECURITY, HOW DISCHARGED. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same. History: Enacted February 14, 1872, re-enactment of § 27 Criminal § 709. UNDERTAKING TO BE FILED IN CLERK'S OFFICE. The undertaking must be filed by the magistrate in the office of the clerk of the county. History: Enacted February 14, 1872, re-enactment of § 28 Criminal Practice Act 1851, Stats. 1851, p. 215. § 710. SECURITY, WHEN REQUIRED FOR ASSAULT COMMITTED IN THE PRESENCE OF A COURT OR MAGISTRATE. A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry 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 seven hundred and seven. History: Enacted February 14, 1872, substantial re-enactment of § 29 Criminal Practice Act 1851, Stats. 1851, p. 215. § 711. UNDERTAKING, WHEN BROKEN. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken. History: Enacted February 14, 1872. § 712. UNDERTAKING, WHEN AND HOW PROSECUTED. Upon the district attorney's producing evidence of such conviction to the superior court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of this state. History: Enacted February 14, 1872, re-enactment of § 31 Criminal § 713. EVIDENCE OF BREACH. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach. History: Enacted February 14, 1872, re-enactment of § 32 Criminal § 714. SECURITY FOR THE PEACE NOT REQUIRED, EXCEPT IN ACCORDANCE WITH THIS CHAPTER. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter. History: Enacted February 14, 1872, re-enactment of § 33 Criminal Practice Act 1851, Stats. 1851, p. 215. 1. Commissioners' note says: "These proceedings are provided for securing 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 proceedings, therefore, an actual breach of the As to vacations for police, see 2 Henning's General Laws (3d ed.), p. —. As to police insurance and pension bill, see 2 Henning's General Laws (3d ed.), p. CHAPTER IV. POLICE IN CITIES AND TOWNS, AND THEIR ATTENDANCE AT EXPOSED PLACES. § 719. Organization and regulation of the § 720. Force to preserve the peace at public police. meetings, when and how ordered. § 719. ORGANIZATION AND REGULATION OF THE POLICE. The organization and regulation of the police, in the cities and towns of this state, is governed by special laws. History: Enacted February 14, 1872, re-enactment of § 34 Criminal § 720. FORCE TO PRESERVE THE PEACE AT PUBLIC MEETINGS, WHEN AND HOW ORDERED. 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. History: Enacted February 14, 1872, re-enactment of § 35 Criminal Practice Act 1851, Stats. 1851, p. 215. 1. Commissioners' note says: "Personal knowledge, or a complaint, or information, as provided in section 701, ante, or any other reliable facts coming to the officer, is sufficient if it induce belief that a breach P. C.-51 of the peace is reasonably to be apprehended." 801 Ая to suppression of riots.-See, ante, § 697, subd. 3, post, §§ 726, 727, and notes. § 723. POWER OF SHERIFF OR OTHER OFFICER IN OVERCOMING RESISTANCE TO PROCESS. When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors. History: Enacted February 14, 1872, re-enactment of § 36 Criminal Practice Act 1851, Stats. 1851, pp. 215, 216. 1. Commissioners' note says: "This section was amended so as to read as published in the text, by the act of April 1, 1872, cited in note in lieu of section 433, ante. See also note to subdivision 3 of section 697, ante; and section 701, ante, and note information'; and section 720, ante, and note as to 'sufficient apprehension.'" As to jurisdiction of police courts, see Kerr's Cyc. Pol. Code (2d ed.), § 4482, and note. As to peace officers, see, ante, § 697, subd. 2, post, § 877, and notes. § 724. THE OFFICER TO CERTIFY TO COURT THE NAME OF THE RESISTERS, ETC. The officer must certify to the court from which the process issued [,] the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt of court. History: Enacted February 14, 1872, re-enactment of § 37 Criminal Practice Act 1851, Stats. 1851, p. 216. 1. Commissioners' note says: "This is only to be done in case there has been actual resistance or proof of threatened resistance to the execution of process or other performance of official duty." As to liability of municipality for injury by mobs, see City of Chicago v. Pennsylvania Co., 119 Fed. 497. See, also, note 88 Am. Dec. 266-271. As to what constitutes riots, see, ante, § 404, and note. § 725. WHEN GOVERNOR TO ORDER OUT A MILITARY FORCE TO AID IN EXECUTING PROCESS. [Repealed.] History: Enacted February 14, 1872; repealed March 20, 1905, § 726. MAGISTRATES AND OFFICERS TO COMMAND RIOTERS TO DISPERSE. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies, the officials governing the town or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse. History: Enacted February 14, 1872. § 727. TO ARREST RIOTERS IF THEY DO NOT DISPERSE. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county. History: Enacted February 14, 1872, founded on §§ 41, 42 Criminal 1. Duty of citizens - When called to assis tance. 2. Citizens 1. Duty of citizens.-When called to assistance of sheriff or other officer is to yield prompt obedience. This applies to all citizens capable of bearing arms.-In re Riots of 1844, 4 Pa. Law J. 36. on 2. Citizens may suppress riots.-Action by citizens, their Own authority, in lawfully endeavoring to suppress riot when it assumes dangerous form, and the arming of themselves for this purpose, will be upheld and justified by law, though it is better to assist the sheriff or other officers in So doing. Commonwealth V. Hare, 2 Clark (Pa.) 467, 4 Pa. Law J. 257. [Repealed.] § 728. OFFICERS WHO MAY ORDER OUT THE MILITIA. History: Enacted February 14, 1872; amended April 12, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 32; repealed by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 480, act held unconstitutional, see history, § 5 ante; re-repealed March 20, 1905, Stats. and Amdts. 1905, p. 411. 1. As to governor's right to call out see constitution 1879, article VIII, section militia to execute the laws, quell riots, sup- 1, 1 Henning's General Laws (3d ed.), p. press insurrections, and to repel invasions, § 729. lvi. COMMANDING OFFICER AND TROOPS TO OBEY THE ORDER. [Repealed.] History: Enacted February 14, 1872; repealed March 20, 1905, § 730. ARMED FORCE TO OBEY ORDERS OF WHOM. [Repealed.] History: Enacted February 14, 1872; repealed March 20, 1905, Stats. and Amdts. 1905, p. 411. § 731. CONDUCT OF THE TROOPS. [Repealed.] § 732. History: Enacted February 14, 1872; repealed March 20, 1905, GOVERNOR MAY IN CERTAIN CASES DECLARE A COUNTY IN A STATE OF INSURRECTION. [Repealed.] History: Enacted February 14, 1872; amended April 12, 1880, Code § 733. MAY REVOKE THE PROCLAMATION. [Repealed.] History: Enacted February 14, 1872, founded on § 49 Criminal Practice Act 1851, Stats. 1851, p. 217; repealed March 20, 1905, Stats. and Amdts. 1905, p. 411. § 734. ARMS. ONLY NATIONAL GUARD SHALL DRILL OR PARADE WITH other than the regular organized national guard of this state, and the troops of the United States, to associate themselves together as a military company or organization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof, which license may at any time be revoked; and provided, further, that students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence. of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall be guilty of a misdemeanor, and subject to arrest and punishment therefor. History: Enacted March 26, 1895, Stats. and Amdts. 1895, p. 193. |