PEACE, OFFENSES AGAINST TITE PUBLIC, are those offenses which consist in either actually breaking the peace or constructively doing so by leading directly to it breach. These offenses are now usually known under the heads of unlawful assemblies, sedi tious libels and slanders, riots, affrays, challenges to tight, forcible entry and detainer, and libel and slander. Those who take part in an unlawful assembly commit a misde meanor against the public safety. All persons assembled to sow sedition, and bring into contempt the constitution, are in an unlawful assembly. Thus it was held that an attempt to hold a national convention was illegal, for it was impossible to anticipate with certainty the peaceful result of such a meeting. It is, however, somewhat difficult to define precisely what amounts to an illegal assembly, except by saying that it points to sonic course' inconsistent with the orderly administration of the laws. It is the duty of all individual citizens to resist and oppose any unlawful assembly; but the duty rests primarily with the magistrates of the district, who are indictable for breach of duty in not taking active and immediate steps to put down riots. Thus the mayor of Bristol was indicted for not suppressing the riots at the time of the Reform bill. The magis trates ought to call at once upon special constables to be sworn in, and if these are insufficient, to call for the aid of the military. Seditious libels arc also offenses against the peace. as ineititing directly to a breach. Such are libels vilifying the sovereign or the houses of parliament, or the courts of justice, or even a foreign sovereign, as in the case of Peltier, who was tried for a libel against the emperor Napoleon I.. the ten dency of such a libel being to breed misunderstanding between our own sovereign and the foreign sovereign. A riot is the most active form of an offense against the public
peace. To constitute a riot, there must be at least three persons engaged together in pursuance of an illegal purpose. Riots often originate in an attempt to redress sum marily some private wrong. On such en occasion, before extreme measures are resorted to, and as a test of the good faith of those who are spectators, instead of parties, and by way of full notice to all concerned, the justices of the peace may read the riot act, 1 Geo. I. 51. 2, c. 5, which commands all persons to disperse within one hour after a proclamation is read, otherwise they will be guilty of felony. Persons not removinsr within one hour thereafter may be arrested, and carried before a justice, and committed to prison. It is, however possible •hat the justices may make a mistake in thinking that to be an illegal assembly which is not so, for the mere reading of the riot act does not alter the character of the assembly, and accordingly if the party arrested prove nt the trial that it was no illegal assembly he will be discharged. An affray is also an offense against the public peace, being a public assault, i.e., an assault committed in presence of third parties, for this is apt to lead to further breaches of the peace by others joining'in it. Thus prize-tights and duals are affrays, and all present at them are principal offenders, and may be arrested by a constable and bound over to keep the peace, and punished by line and imprisonment besides. So challenges to fight, provoca tions to fight, and forcibly entering into a house, are misdemeanors against the public peace.