1786 Mass. Acts 87

WHEREAS the provision already made by law for the preventing routs, riots and tumultuous assemblies and the evil consequences thereof has been found insufficient: Sect. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the publication of this Act, if any persons to the number of twelve, or more, being armed with clubs, or other weapons; or if any number of persons, consisting of thirty or more, shall be unlawfully, routously, riotously or tumultuously assembled, any Justice of the Peace, Sheriff or Deputy-Sheriff of the county, or Constable of the town, shall, among the rioters, or as near to them as he can safely come, command silence while proclamation is making, and shall openly make proclamation in these or the like words: COMMONWEALTH OF MASSACHUSETTS. BY virtue of an Act of this Commonwealth, made and passed in the year of our LORD One thousand seven hundred and eighty-six, entitled, "An Act for suppressing routs, riots and tumultuous assemblies and the evil consequences thereof," I am directed to charge and command, and I do accordingly charge and command all persons, being here assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains inflicted by the said Act, GOD save the COMMONWEALTH. And if such persons, assembled as aforesaid, shall not disperse themselves within one hour after proclamation made, or attempted to be made, as aforesaid, it shall be lawful for every such officer to command sufficient aid, and he shall seize such persons, who shall be had before a Justice of the Peace; and the aforesaid Justice of the Peace, Sheriff or Deputy-Sheriff is hereby further empowered to require the aid of a sufficient number of persons in arms, if any of the persons assembled as aforesaid shall appear armed: And if any such person or persons shall be killed or wounded by reason of his or their resisting the persons endeavoring to disperse or seize them, the said Justice, Sheriff, Deputy-Sheriff, Constable and their assistants, shall be indemnified and held guiltless. Sect. 2. And be it further enacted, That if any person being commanded by such Justice, Sheriff, Deputy-Sheriff or Constable, as aforesaid, shall refuse or neglect to afford the assistance required, and shall be convicted thereof upon the oath of either of the said officers to commanding or other legal evidence, he shall forfeit and pay a sum not less than Forty Shillings, nor exceeding Ten Pounds, to be indicted or presentment before the Supreme Judicial Court or any Court of General Sessions of the Peace, according to the aggravation of the offence; to be paid into the public treasury for the use of the Commonwealth. Sect. 3. And be it further enacted, That all persons who, for the space of one hour after proclamation made or attempted to be made, as aforesaid, shall unlawfully, routously, riotously or tumultuously continue together, or shall wilfully let or hinder any such officer, who shall be known or shall openly declare himself to be such, from making the said proclamation, shall forfeit all their lands, tenements, goods and chattels to this Commonwealth, or such part thereof as shall be adjudged by the Justices, before whom such offence shall be tried, to be applied towards the support of the government of this Commonwealth; and shall be whipped thirty-nine stripes on the naked back at the public whipping-post, and suffer imprisonment for a term not exceeding twelve months nor less than six months; and once every three months during the said imprisonment receive the same number of stripes on the naked back at the public whipping-post as aforesaid. And if any such person or persons, so riotously assembled, shall demolish or pull down, or begin to demolish or pull down, any dwelling-house or other house or parcel thereof; any house built for public uses; any barn, mill, malt-house, store-house, shop or ship, he or they shall suffer the same pains and penalties as are before provided in this Act. Provided always, That where there shall appear any circumstances to mitigate or alleviate any of the offences against this Act in the judgment of the Court, before which such offence shall be tried, it shall and may be lawful for the Justices of such Court to abate the whole of the punishment of whipping, or such part thereof as they shall judge proper; any thing in this Act to the contrary notwithstanding. Sect. 4. And be it further enacted, That this Act shall be read at the opening of every Court of General Sessions of the Peace by the Clerk of the said Court, and at the anniversary meeting of each town within this Commonwealth by the Town-Clerk thereof in March or April annually: And no person shall be prosecuted for any offence contrary to this Act, unless prosecution be commenced within twelve months after the offence committed.