2. Amendment by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. § 720. Force to preserve the peace at public meetings, when and how ordered. The mayor or other officer having the direction of the police of a city or town must order a force, sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended. Information of threatened offense: See ante, § 701. Legislation § 720. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 101); in substance the same as Crim. Prac. Act, Stats. 1851, p. 215, § 35. CHAPTER V. § 723. Power of sheriff or other officer in overcoming resistance to process. § 724. $ 725. The officer to certify to court the names of the resisters, etc. Magistrates and officers to command rioters to disperse. Officers who may order out the military. [Repealed.] [Repealed.] § 731. Conduct of the troops. [Repealed.] § 732. Governor may in certain cases declare a county in a state of insurrection. [Repealed.] § 733. May revoke the proclamation. [Repealed.] § 734. Only national guard shall drill or parade with arms. Excep tion. § 723. Power of sheriff or other officer in overcoming resistance to process. When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors. Peace-officers: See post, § 817. See ante, §§ 697, subd. 2, 719. Legislation § 723. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 102); based on Crim. Prac. Act, Stats. 1851, p. 215, § 36, which read: "§ 36. When a sheriff or other public officer authorized to execute process shall find or have reason to apprehend that resistance shall be made to the execution of his process, he may command as many male inhabitants of his county as he may think proper, and any military company or companies in 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." §724. The officer to certify to court the names of the resisters, etc. The officer must certify to the court from which the process issued the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt of court. Resistance of process: See ante, § 166. Legislation § 724. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 103); based on Crim. Prac. Act, Stats. 1851, p. 216, § 37. § 725. When governor to order out a military force to aid in executing process. [Repealed 1905; Stats. 1905, p. 411.] Legislation § 725. 1. Enacted February 14, 1872. 2. Repealed by Stats. 1905, p. 411. § 726. Magistrates and officers to command rioters to disperse. Where 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 town or city, or the justices of the peace and constables 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 people of the state, immediately to disperse. Suppressing riots: See ante, § 697, subd. 3. Legislation § 726. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 106); based on Crim. Prac. Act, Stats. 1851, p. 216, § 40. § 727. To arrest rioters if they do not disperse. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county. Power of sheriff in overcoming resistance: See ante, § 723. Legislation § 727. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 107); based on Crim. Prac. Act, Stats. 1851, p. 216, §§ 41, 42. § 728. Officers who may order out the military. pealed 1905; Stats. 1905, p. 411.] [Re Governor may call out militia to execute laws, suppress insurrec tion, and repel invasion: Const., art. viii, § 1. Legislation § 728. 1. Enacted February 14, 1872. 2. Amended by Code Amdts. 1880, p. 32. 3. Amendment by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. 4. Repealed by Stats. 1905, p. 411. §729. Commanding officer and troops to obey the order. [Repealed 1905; Stats. 1905, p. 412.] Legislation § 729. 1. Enacted February 14, 1872. 2. Repealed by Stats. 1905, p. 112. § 730. Armed force to obey orders of whom. [Repealed. 1905; Stats. 1905, p. 412.] Legislation § 730. 1. Enacted February 14, 1872. 2. Repealed by Stats. 1905, p. 412. § 731. Conduct of the troops. [Repealed 1905; Stats. 1905, p. 412.] Legislation § 731. 1. Enacted February 14, 1872. 2. Amended by Stats. 1895, p. 193. 3. Repealed by Stats. 1905, p. 412. § 732. Governor may in certain cases declare a county in a state of insurrection. [Repealed 1905; Stats. 1905, p. 412.] Governor is commander-in-chief: See Const., art. v, 3. Repealed by Stats. 1905, p. 412. § 5. § 733. May revoke the proclamation. [Repealed 1905; Stats. 1905, p. 412.] Legislation § 733. 1. Enacted February 14, 1872. 2. Repealed by Stats. 1905, p. 412. § 734. Only national guard shall drill or parade with arms. Exception. It shall not be lawful for any body of men whatever, other than the regular organized national guard of this state, and the troops of the United States, to associate themselves together as a military company or organization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof, which license may at any time be revoked; and provided further, that students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall be guilty of a misdemeanor. and subject to arrest and punishment therefor. Legislation § 734. Added by Stats. 1895, p. 193. TITLE II. Judicial Proceedings for the Removal of Public Officers by Impeachment or Otherwise. Chapter I. Impeachments. §§ 737-753. II. Removal of Civil Officers Otherwise Than by Impeachment. §§ 758-772. Proceedings on failure to appear. $743. Defendant, after appearance, may answer or demur. § 744. If demurrer is overruled, defendant must answer. $ 745. Senate to be sworn. $746. Two thirds necessary to a conviction. $747. Judgment on conviction, how pronounced. § 748. Same. § 749. Nature of the judgment. $750. Effect of judgment of suspension. § 751. Officer, when impeached, disqualified until acquitted. Governor to temporarily fill vacancy. $752. Presiding officer when lieutenant-governor is impeached. $753. Impeachment not a bar to indictment. § 737. Officers liable to impeachment. The governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice, associate justices of the supreme court, and judges of the superior courts, are liable to impeachment for any misdemeanor in office. [Amendment approved 1880; Code Amdts. 1880, p. 3.] Impeachment. This section is taken from the first portion of § 18 of art. iv of the state constitution. Legislation § 737. 1. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 217, § 51. 2. Amended by Code Amdts. 1880, p. 3, changing "justices of the supreme court" to "chief justice, associate justices of the supreme court." 3. Repeal by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. § 738. Articles, how prepared. Trial by senate. All impeachments must be by resolution adopted, originated in, and conducted by managers elected by the assembly, who must prepare articles of impeachment, present them at the bar of the senate, and prosecute the same. The trial must be had before the senate, sitting as a court of impeachment. Impeachment. This section is also taken from Const. 1879, art. iv, § 17. In this respect our constitution is similar to the Federal constitution: U. S. Const., art. i, § 3. Legislation § 738. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 218, § 52, which read: "§ 52. All impeachments shall be tried by the senate; when sitting for that purpose the senators shall be upon oath or affirmation." 2. Repeal by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. § 739. Articles of impeachment. When an officer is impeached by the assembly for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate. Legislation § 739. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 118); in substance the same as Crim. Prac. Act, Stats. 1851, p. 218, § 53. § 740. Time of hearing. Service on defendant. The senate must assign a day for the hearing of the impeachment and inform the assembly thereof. The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than ten days before the day fixed for the hearing. Legislation § 740. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 119); in substance the same as Crim. Prac. Act, Stats. 1851, p. 218, § 54. § 741. Service, how made. The service must be made upon the defendant personally, or if he cannot, upon diligent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment. Sergeant-at-arms to execute process: See Pol. Code, § 259. Legislation § 741. Enacted February 14, 1872; (N. Y. Code Crim. Proc., § 120); based on Crim. Prac. Act, Stats. 1851, p. 218, § 55. § 742. Proceedings on failure to appear. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the two last sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed, in the absence of the defendant, to trial and judgment. Legislation § 742. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 121); based on Crim. Prac. Act, Stats. 1851, p. 218, § 56. |