Odger's English Common Law

STATUTORY RIOT. 167
it becomes the duty of the civil authority to put a stop to the
riot at whatever cost. For this purpose it may call upon all
persons present " of age and ability," whether soldiers or
civilians, to assist in dispersing the mob, and the statute
expressly provides " that if the persons so unlawfully,
riotously and tumultuously assembled, or any of them, shall
happen to be killed, maimed or hurt, in the dispersing, seizing
or apprehending, or endeavouring to disperse, seize or appre-
hend them, by reason of their resisting the persons so dis-
persing, seizing or apprehending, or endeavouring to disperse,
seize or appreheud them, then every such justice of the
peace, sheriff, under-sheriff, mayor, bailiff, head officer, high
or petty constable or other peace officer, and all and singular
persons, being aiding and assisting to them, or any of them,
shall be free, discharged and indemnified " from and against
all legal proceedings, whether civil or criminal, " for or con-
cerning the killing, maiming or hurting of any such person
or persons so unlawfully, riotously and tumultuously assembled,
that shall happen to be so killed, maimed or hurt as aforesaid." l
Delicate questions often arise as to the amount of force
which the civil and military authorities may employ to quell
different kinds of riot.
So long as the riot remains simply a common law mis-
demeanour, only slight force can be used to repress it ; the
police may use their staves, any other citizens may use their
fists or sticks, but deadly weapons such as swords, bayonets
or firearms may not be employed. But as soon as any of the
rioters commence to perpetrate violent acts of felony, such as
murder, arson or pillage, even deadly weapons may be used
against those who take any part in such felonious violence,
though not against the mob as a whole. And such extreme
force may be used to stop or prevent felonious violence by any
one present, whether a soldier or a civilian, whether an officer
of the peace or not. 2
It makes no difference for this purpose
whether the proclamation set out in the Eiot Act has been read
2 See the charge of Tindal, C. J., to the grand jury in the case of S. y. Pmnef
(1832), 5 C. & P. at p. 262, n.