RIOT. A tumultuous disturbance of the peace by three persons or more, assembling together of their own authority with an in tent mutually to assist each other against any who shall oppose them, in the execution of some enterprise of a private nature, and afterwards actually 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. Hawk. Pl. Cr. c. 65, § 1. See Shouse v. Com., 5 Pa. 83 ; Fish er v. State, 78 Ga. 258.
"An unlawful assembly which has actu ally begun to execute the purpose for which it is assembled, by a breach of the peace, and to the terror of the public or a lawful as sembly, may become a riot if the persons as sembled form and proceed to execute an un lawful purpose to the terror of the people, although they had not that purpose when they assembled." Steph. Dig. Cr. Law, art. 77.
An unlawful assembly is an assembly of three or more persons who meet together for a common purpose in such a manner that a 'breach of the peace may be apprehended from their conduct. Police authorities may disperse an unlawful assembly, but may only use slight force, unless there is reason to ap prehend immediate violence on the part of the mob ; Odgers, C. L. 156. As soon as an unlawful assembly starts from its place of meeting to carry out its purpose, it becomes a rout; as soon as it begins to carry out that purpose in violence and in obvious defiance of the authorities, it becomes a riot.
There are five necessary elements of a riot ; three persons at least ; a common pur pose; execution or inception of that pur pose ; an attempt to help one another by force if necessary; force or violence display ed in such a manner as to alarm one person having reasonable courage ; [1907] 2 K. B. 860.
In England it is an indictable misdemeanor for a person to refuse to take part in sup pressing a riot when called upon to do so by a justice of the peace or constable. A jus tice of the peace must read the statutory proclamation, if necessary, and take what ever subsequent steps are necessary to dis perse the rioters. After the lapse of an hour from the reading of the riot act, or, because of violence by the mob, within the hour, it is the duty of the civil authorities to stop the riot at whatever cost; and deadly weapons may then be used. Rioting, after the lapse of an hour, was a felony ; Odgers, C. L. 161.
There must be proved—first, an unlawful assembling ; State v. Renton, 15 N. H. 169; for if a number of persons lawfully met to gether, as, for example, at a fire, or in a theatre or a church, should suddenly quar rel and fight, the offense is an affray, and not a riot, because there was no unlawful assembling ; but if three or more being so assembled, on a dispute occurring, form into parties with promises of mutual assistance, which promises may be express, or ,implied from the circumstances, then the offense will no longer be an affray, but a riot ; the unlaw ful combination will amount to an assembling within the meaning of the law. In this man
ner any lawful assembly may be converted into a riot: State v. Snow, 18 Me. 346; 1 Camp. 328 ; Solomon v. Kingston, 24 Hun (N. Y.) 562. Any one who joins the rioters after they have actually commenced is equal ly guilty as if he had joined them while as sembling.
Secondly, proof must be made of, actual violence and force on the part of the rioters, or of such circumstances as have an appar ent tendency to force and violence, and cal culated to strike terror into the public mind ; 2 Camp. 369. See Sanders v. State, 60 Ga. 126; State v. Kempf, 26 Mo. 429. The defini tion requires that the offenders should assem ble of their own authority, in order to create a riot ; if, therefore, the parties act under the authority of the law, they may use any necessary force to enforce their mandate, without committing this offense. See, State v. Brooks, 1 Hill (S. C.) 362 ; State v. Hughes, 72 N. C. 25.
Thirdly, evidence must be given that the defendants acted in the riot and were par ticipants in the disturbance ; Scott v. U. S., Morr. (Ia.) 142. It is sufficient if they be present encouraging or giving countenance, support, or acquiescence to the act ; Williams v. State, 9 Mo. 270. See Co. 3d Inst. 176; 4 Bla. Corn. 146; Com. Dig. Women and in fants above, but not those under, the age of discretion are punishable as rioters; 1 Russ. Cr. *387.
In a case growing out of the riots in Pitts burg in 1877, under a statute making a coun ty liable for the property "situated" therein, when destroyed by a mob, the liability was held to attach to property owned by a non resident of the state, in transit in possession of a common carrier; County of Allegheny v. Gibson's Son & Co., 90 Pa. 397, 35 Am. Rep. 670.
In the absence of a statute giving a rem edy, municipal corporations are not liable for damages resulting in loss of life from the acts of a mob or riotous assemblage, no mat ter what the negligence of the city officials may have been ; City of New Orleans v. 4bbagnato, 62 Fed. 240, 10 C. C. A. 361, 26 L. R. A. 329, 23 U. S. App. 533. As to sup pression of a riot by militia, see 36 Am. L. Rev. 935. See RIOT AOT ; MOB; UNLAWFUL ASSEM BLY ; PUBLIC MEETING ; AFFRAY ; MARTIAL LAW ; Borgar ; Wise, Riot Law; 3 B. & Ad. 94, the leading case as to the duty of a magis trate..