Page:Revised Codes of the State of North Dakota 1895.pdf/1411

Public Offenses. 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.

§ 7785. Officer must report resisters. 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.

§ 7786. Person commanded refusing, punished. Every person commanded by a public officer to assist him in the execution of process, as provided in section 7784, who without lawful cause, refuses or neglects to obey the command, is guilty of a misdemeanor.

§ 7787. Governor may order additional force. 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 art; and any such persons who without lawful cause, refuse or neglect to obey the command, are guilty of a misdemeanor.

§ 7788. Governor may ask aid of the United States. 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.

§ 7789. Unlawful assemblage. When 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 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 state immediately to disperse.

$ 7790. Procedure if rioters do not disperse. 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.

$ 7791. Who deemed rioters. If a person so commanded to aid the magistrates and officers neglects to do so, he is deemed one of the rioters, and is punishable accordingly.

$ 7792. Negligence of officers is a misdemeanor. If a magistrate or officer having notice of an unlawful or riotous assembly mentioned in section 7789, neglects 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.

$ 7793. When officers may disperse assembly. If the persons assembled and commanded to disperse do not immediately disperse, any two of the magistrates or officers mentioned in section

7789. 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.

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