Page:1862-63 Territory of Dakota Session Laws.pdf/79

79 mayor and each of the aldermen of such city, and of the president and each of the trustees of such town, and of every justice of the peace living in such city or town, and of the sheriff of the county, and his deputies, and also of every constable and coroner living in such city or town, to go among the persons so assembled, or as near as may be with safety, and in the same of the United States to command all the persons so assembled, inwardly and peaceably to disperse; and if the persons so assembled shall not thereupon immediately and peaceably disperse, it shall be the duty of each of the magistrates and officers to command the assistance of all persons there present in seizing, arresting, and searching in custody the persons so unlawfully assembled, so that they may be proceed with online bow.

Sec. 2. If any person present, being commanded by any of the magistrates or officers mentioned in the preceding section to ? or assist in seizing and searching such ? or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, shall refuse to obey such command, he shall be deemed to be one of the rioters or persons unlawfully assembled, and shall be liable to be prosecuted therefore and punished accordingly.

Sec. 3. If any mayor alderman, president, trustee, justice of the peace, sheriff, or deputy sheriff, constable, or coroner, leaving notice of any such riotous or ? and unlawful assembly as is mentioned in this chapter, in the city, town, or county in which he lives, shall neglect or refuse immediately to proceed to the place of such assembly or as near thereto as he can with safety, or shall neglect or ? to exercise the authority with which he is invested by this chapter, for suppressing such riotous or unlawful assembly, and for arresting and searching the offenders, he shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding three hundred dollars.

Sec. 4. If any persons who shall be so riotously and unlawfully assembled, and who have been commanded to disperse as before provided, shall refuse or neglect to disperse without unnecessary delay any two of the magistrates or officers before mentioned may respite the aid of a sufficient number of per-