Page:1887 Compiled Laws of Dakota Territory.pdf/1174

§§ 7069-7078 any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.

§ 7069. The officer must certify to the court from which the process is issued, the names of the resisters and their aiders and abettors, to the end that they may be proceeded against for contempt.

§ 7070. Every person commanded by a public officer to assist him in the execution of process, as provided in section 7068, who, without lawful cause, refuses or neglects to obey the command, is guilty of a misdemeanor.

§ 7071. If it appears to the governor that the power of the county is not sufficient to enable the sheriff to execute process delivered to him, or to suppress riots and to preserve the peace, he must, on the application of the sheriff, or the judge, order such a force from any other county or counties as is necessary, and all persons so ordered or summoned by the governor or acting governor, are required to attend and act; and any such persons who, without lawful cause, refuse or neglect to obey the command, are guilty of a misdemeanor.

§ 7072. Under the facts and circumstances mentioned in the last section, and when the civil power of the county is not 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.

§ 7073. 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 territory, immediately to disperse.

§ 7074. 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.

§ 7075. 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.

§ 7076. If a magistrate or officer having notice of an unlawful or riotous assembly mentioned in section 7073, 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.

§ 7077. If the persons assembled and commanded to disperse do not immediately disperse, any two of the magistrates or officers mentioned in section 7073, 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.

§ 7078. 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