CHAPTER III.

SECURITY TO KEEP THE PEACE.

§ 701. Information of threatened offense.
702. Examination of complainant and witnesses.
§ 703. Warrant of arrest.

§ 706.

§ 704. Proceedings on charges being controverted.
§ 705. Person complained of, when to be discharged.
Security to keep the peace, when required.
Effect of giving or refusing to give security.
Person committed for not giving security.
Undertaking to be filed in clerk's office.

§ 707.

§ 708.

§ 709.

§ 710.

Security required for assault committed in court.

§ 711. Undertaking, when broken.

§ 712. Undertaking, when and how to be prosecuted.
713. Evidence of breach.

§ 714. Security for the peace.

701. An information may be laid before any of the magistrates mentioned in section eight hundred and eight, that a person has threatened to commit an offense against the person or property of another.

Security to keep the peace.-A wife may pray surety of peace against her husband-37 Ind. 353; 24 Ala. 672. A prosecution for surety of peace is a criminal proceeding to prevent, but not to prosecute crime-4 Blackf. 440; 16 Ind. 175; 26 id. 106; 49 id. 341; and when not otherwise provided, the criminal practice act governs-16 id. 175. The constitutional provision as to jeopardy does not apply to this proceeding-26 Ind. 106; id. 141. A complaint is not necessarily bad for alternativeness arising from the use of "or" instead of "and"-8 Ind. 458; 10 id. 170; and see 11 id. 312; 4 id. 561.

702. When the information is laid before such magistrate, he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing, and cause them to be subscribed by the parties making them.

The question to be tried is, has the witness just cause to entertain the fears expressed in his affidavit ?-26 Ind. 141. An affidavit of a party who "swears as he verily believes" is good-21 Ind. 225.

703. If it appears from the depositions that there is just reason to fear the commission of the offense threat

t

ened, by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, marshal, or policeman in the State, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate.

704. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses.

705. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

Just reason to fear.-The question as to just cause to fear relates to the time of institution of proceedings-35 Ind. 379; 48 id. 146. The statute gives no right of appeal-18 Ind. 438.

706. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of this State, and particularly toward the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required.

707. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

708. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same.

709. The undertaking must be filed by the magistrate, in the office of the clerk of the county.

710. A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse to do so, may be committed as provided in section seven hundred and seven.

711. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.

712. Upon the district attorney's producing evidence of such conviction to the Superior Court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of this State. [In effect April 12th, 1880.]

713. In the action, the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.

714. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter.

CHAPTER IV.

POLICE IN CITIES AND TOWNS, AND THEIR ATTENDANCE AT EXPOSED PLACES.

§ 719. Organization and regulation of the police.

§ 720. Force to preserve the peace at public meetings.

719. The organization and regulation of the police, in the cities and towns of this State, is governed by special laws.

720. 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.

See ante, § 701.

PEN. CODE-25.

§ 723.

CHAPTER V.

SUPPRESSION OF RIOTS.

Power of sheriff in overcoming resistance.

§ 724. Officer to certify to court the name of resisters, etc.

§ 725. Governor to order out military to aid in executing process. § 726. Magistrates and officers to command rioters to disperse.

§ 732. Governor may declare a county in a state of insurrection. § 733. May revoke the proclamation.

723. 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.

Authority to arrest.-The magistrate may not only arrest offenders, but he may authorize others to make the arrest, and may summon all citizens present to come to his aid-4 Pa. L. J. 31; 3 Barn. & Adol. 947; 5 Car. & P. 254; 9 id. 431; and to refuse to aid an officer in trying to suppress a riot, is an offense-1 Bay, 316; see 9 Mo. 268; Addis. 277; 1 Car. & M. 314. It is the duty of every citizen to endeavor to suppress a riot, and the law will protect them in so doing-1 Yeates, 419; see 3 Pa. L. J; 345; 4 id. 31. A constable is bound to use his best endeavors to suppress an affray-4 Car. & P. 387; 6 id. 741; Ryan & M. 132; but he cannot arrest for an affray not done in his presence, without a warrant -same cases. A private person is not justified in arresting an affrayer, unless the affray is still continuing, or is about being renewed-10 Clark & F. 28; S. C. 1 Lead. C. C. 177. Any person may suppress an affray, but he cannot of his own authority arrest after the affray is over -11 Johns. 486. An officer may call on persons to aid him in the execution of his duties-1 Bay. 316; 1 Harg. U. S. Reg. 263; 1 Yeates, 419; 5 Whart. 437; Car. & M. 314. Peace officers-see post, § 877. See ante, § 697, subd. 3; §§ 701,720.

724. 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.