RIOT. riot is a misdemeanour at common law. The definition of it given by Hawkins, and which appears to have been very generally adopted without much alteration by subsequent writers, is " a tumultuous disturbance of the peace by three persons or more, assembling together of their own authority, with an intent mutually to assist one another against any one who shall oppose them in the execution of some enterprise of a private nature, and afterwards executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful." But if the enter prise is for the purpose of redressing grievances generally throughout the kingdom, or to pull down all enclosures, the offence is not a riot, but amounts to a levying of war against the king, and the parties engaged in it are guilty of high treason.
Violence, if not of actual force, yet in gesture or language, and of such a nature as to cause terror, is a necessary ingre dient in the offence of riot, The lawful ness of the enterprise operates no further than as justifying a mitigation of the punishment. It does not in any way alter the legal character of the offence. All parties present at a riot who insti gate or encourage the rioters, are themselves also to be considered as prin cipal rioters.
Various Acts of Parliament have been passed for the purpose of giving au thority to magistrates and others for the purpose of suppressing riots, and re straining, arresting, and punishing rioters. These are collected and com mented upon by Hawkins (1 P. C., b. i., c. 65) and Burn (5 vol., Riot,' &c.). The most important is 1 Geo. 1., st. it., c. 5, comnumly called the Riot Act. By that statute it is provided that " if any persons to the number of twelve or more, being unlawfully, riotously, and tumul tuously assembled together to the dis turbance of the public peace, shall con, tinue so assembled for the space of an hour after a magistrate has commanded them by proclamation to disperse, they shall be considered felons." The form of proclamation is given in the Act, and is as follows : " Our sovereign lady the queen chargeth and commandeth all persons being assembled, immediately to disperse themselves, and peaceably to depart to their habitations or to their lawful busi ness, upon the pains contained in the Act made in the first year of King George, for preventing tumults and riot ous assemblies.
" God save the Queen." This is directed to be read with a loud voice and as near as possible to the rioters; no word must be omitted. Per sons who do not disperse within the hour may be seized and apprehended by any magistrate or peace-officer, or any private person who has been commanded by a magistrate or officer to assist. In case of resistance, those who are attempt ing to disperse or apprehend the rioters will be justified in wounding or killing them, It is felony also to oppose the reading of the proclamation ; and if the reading should be prevented, those who do not disperse Are still guilty of felony, if they know that the reading of the pro clamation has been prevented.
A prosecution under this Act must he commenced within a year after the offence has been committed. By the 7 & 8 Geo. IV., c. 30, s. 8, rioters who de molish or begin to demolish a church or a chapel, a dwelling-house, or any other of the various buildings or machinery men tioned in that Act, are to be considered as felons. By 7 & 8 Geo. IV., c. 31, provision is made for remedies against the hundred in ease of damage done by rioters.
By that Act compensation may be recovered by action against the hundred for any injury done to buildings, or fur niture, &c., contained in them, to the amount of 30i. Where the damage does not amount to 30/., inquiry may be made on oath of the claimant, or other wit nesses, before justices at a petty sessions, who are authorised to make an order for payment of damages and costs. Au in habitant of the hundred is made a com petent witness for the defendants. In order to recover in either of these pro ceedings, it is necessary to show that a riot has been committed ; and in case the building, &c.,has not been demolished, to show that the rioters had began to de molish it ; that is, that their intent was to demolish, although from some reason that intent has not been carried into ex ecution. Unless this intent is proved, the party is not entitled to compensation, however great damage may have been done; and if the intent did exist in the mind of the rioters, compensation is still claimable, however slight the damage. If the rioters have been inter rupted in their proceedings, it will be left to the jury, or it will be for the jus tices to say, whether, without such inter ruption, a demolition would have been effected. But if the rioters have volun tarily retired without effecting a demo litiou, or if, though disturbed, their in teat, from other circumstances, appears to have been directed towards some other object, as for instance to compel persons to illuminate, &c., the parties in lured will have no remedy under the sta tute, as it appears that there was no intent to demolish.
The action must be commenced within three months after the commission of the offence ; and to entitle the party injured to bring an action, he, if he had know ledge of the circumstances, or the party in charge of the property, must, within seven days after the injury done, go before a magistrate and give on oath all the information relative to the matter which he possessed, and also be bound over to prosecute the offenders.
With respect to unlawful assemblies of a seditious character, various provi sions are enacted by 39 Geo. III., c. 79 and 57 Geo. III., c. 19; and in reference to those for training to the use of arms, by 60 Gee. III., c. 1. [SEDirrox.", (Hawkins, P. C.; East, P. C.; Burn's Justice, vol 5, Riot,' &c.; Russell, Om (,rtetes.)4LAW, CRIMINAL, p. 182.1