Page:1874-75 Territory of Dakota Session Laws.pdf/106

86 deemed sufficient, it shall be the duty of the governor to apply to the military authorities of the United States for a force sufficient to execute the laws and to prevent resistance thereto, to suppress riots, execute process and preserve the peace.

. 48. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county or any sheriff of the subdivision, and his deputies, the officials governing the city or town, or the justices of the peace and marshals and constables and police 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 territory, immediately to disperse.

. 49. If the persons assembled do not immediately disperse, the magistrates and officers must arrest them or cause them to be arrested, that they may be punished according to law; and for that purpose may command the aid of all persons present or within the county.

. 50. If a person so commanded to aid the magistrates or officers, neglect to do so, he is deemed one of the rioters, and is punishable accordingly.

. 51. If a magistrate or officer having notice of an unlawful or riotous assembly, mentioned in section 48, neglect to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.

. 52. If the persons assembled, and commanded to disperse, do not immediately disperse, any two of the magistrates or officers mentioned in section 48, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessary to disperse the assembly and arrest the offenders.

. 53. Every endeavor must be used, both by the magistrates and civil officers, and by the officer commanding the troops, which can be made consistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered.

. 54. A person, who after the publication of a proclamation by the governor or acting-governor, or who after lawfal notice as aforesaid to disperse and retire, resists or aids