Anno Quarto
GEORGII III. Regis.
An
ACT for preventing Tumults and riotous Assemblies, and for the more speedy and effectual punishing the Rioters.
WHEREAS of late several dangerous Riots and Tumults have been, in divers Parts of this Province, to the Disturbance of the public Peace, and the great Terror of His Majesty's Subjects; and the same are yet continued and fomented by many turbulent and evil-minded Persons: Therefore for the preventing and suppressing of such Riots and Tumults, and for the more speedy and effectual punishing the Offenders therein, BE IT ENACTED by the Honourable JOHN PENN, Esq Lieutenant-Governor under the Honourable THOMAS PENN, and RICHARD PENN, Esquires, true and absolute Proprietaries of the Province of Pennsylvania, and of the Counties of New-Castle, Kent, and Sussex, upon Delaware, by and with the Advice and Consent of the Representatives of the Freemen of the said Province, in General Assembly met, and by the Authority of the same, That if any Persons, to the Number of Twelve, or more, being unlawfully, riotously and tumultuously assembled together, to the Disturbance of the public Peace, at any Time after the Publication of this Act, and being required or commanded by any one or more Justice or Justices of the Peace, or by the Sheriff of the County, or his Under-Sheriff, or by the Mayor, Bailiff or Bailiffs, or other Head Officer, or Justice of the Peace, of any City or Town Corporate, where such Assembly shall be, by Proclamation to be made in the King's Name, in the Form herein after directed, to disperse themselves, and peaceably to depart to their Habitations, or to their lawful Business, shall, to the Number of Twelve, or more (notwithstanding [Page 2]such Proclamation made) unlawfully, riotously and tumultuously remain or continue together by the Space of one Hour after such Command or Request made by Proclamation, That then such continuing together, to the Number of Twelve, or more, after such Command or Request made by Proclamation, shall be adjudged Felony, without Benefit of Clergy, and the Offenders therein shall be adjudged Felons, and shall suffer Death, as in Case of Felony, without Benefit of Clergy.
AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Order and Form of the Proclamations that shall be made by the Authority of this Act, shall be as hereafter followeth; that is to say, the Justice of the Peace, or other Person authorized by this Act to make the said Proclamation, shall, among the said Rioters, or as near to them as he can safely come, with a loud Voice command, or cause to be commanded, Silence to be while Proclamation is making; and after that shall openly, and with loud Voice, make, or cause to be made, Proclamation in these Words, or like in Effect;
OUR Sovereign Lord the King chargeth and commandeth all Persons being assembled, immediately to disperse themselves, and peaceably to depart to their Habitations, or to their lawful Business, upon the Pains contained in the Act of the General Assembly of this Province, made in the Fourth Year of GEORGE the Third for preventing Tumults and riotous Assemblies.
GOD Save the KING.
AND every such Justice and Justices of the Peace, Sheriff, Under Sheriff, Mayor, Bailiff, and other head Officer aforesaid, within the Limits of their respective Jurisdictions, are hereby authorized, impowered and required, on Notice or Knowledge of any such unlawful, riotous and tumultuous Assembly, to resort to the Place where such unlawful, riotous and tumultuous Assembly shall be, of Persons to the Number of Twelve, or more, and there to make, or cause to be made, Proclamation in Manner aforesaid.
AND BE IT FURTHER ENACTED by the Authority aforesaid, That if such Persons, so unlawfully, riotously and tumultuously assembled, or Twelve, or more of them, after Proclamation made in Manner aforesaid, shall continue together, and not disperse themselves within one Hour, that then it shall and may be lawful to and for [Page 3]every Justice of the Peace, Sheriff, or Under Sheriff of the County where such Assembly shall be, and also to and for every high or petty Constable, and other Peace Officer, within such County, and also to and for every Mayor, Justice of the Peace, Sheriff, Bailiff, and other Head Officer, high or petty Constable, and other Peace Officer, of any City or Town Corporate, where such Assembly shall be, and to and for such other Person and Persons as shall be commanded to be assisting unto any such Justice of the Peace, Sheriff, or Under Sheriff, Mayor, Bailiff, or other Head Officer aforesaid (who are hereby authorized and impowered to command all His Majesty's Subjects, of Age and Ability, to be assisting to them therein) to seize and apprehend, and they are hereby required to seize and apprehend such Persons so unlawfully, riotously and tumultuously continuing together, after Proclamation made as aforesaid, and forthwith to carry the Persons so apprehended before one or more of His Majesty's Justices of the Peace of the County or Place where such Persons shall be so apprehended, in order to their being proceeded against for such their Offences, according to Law; and 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 apprehend them, by Reason of their resisting the Persons so dispersing, seizing or apprehending, or endeavouring to disperse, seize or apprehend them, that 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 or assisting to them, or any of them, shall be free discharged and indemnified, as well against the King's Majesty, His Heirs and Successors, as against all and every other Person and Persons, of, for, or concerning 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.
PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, T [...] if any Person or Persons do or shall, with Force and Ar [...] wilfully and knowingly oppose, obstruct, or in any Man [...] wilfully and knowingly let, hinder or hurt any Person [...] Persons that shall begin to proclaim, or go to proclaim, [...] cording to the Proclamation hereby directed to be [...] whereby such Proclamation shall not be made, that [...] [Page 4]every such opposing, obstructing, letting, hindering or hurting such Person or Persons, so beginning or going to make such Proclamation as aforesaid, shall be adjudged Felony, without Benefit of Clergy, and the Offenders therein [...] be adjudged Felons, and shall suffer Death, as in Case of Felony, without Benefit of Clergy; and that also every such Person or Persons, so being unlawfully, riotously and tumultuously assembled, to the Number of Twelve, as aforesaid, or more, to whom Proclamation should or ought to have been made, if the same had not been hindered as aforesaid, shall likewise, in case they, or any of them, to the Number of Twelve, or more, shall continue together, and not disperse themselves, within one Hour after such Let or Hindrance so made, having Knowledge of such Let or Hindrance so made, shall be adjudged Felons, and shall suffer Death, as in Case of Felony, without Benefit of Clergy.
AND BE IT FURTHER ENACTED by the Authority aforesaid, That this Act shall be openly read at the next, and every other Quarter Sessions of the Peace in each County respectively, during the Continuance thereof, by the Clerk of such Sessions, by Order of the Justices thereof.
AND BE IT FURTHER ENACTED by the Authority aforesaid, That this Act shall be and continue in full Force and Virtue during the Space of one Year, from the Publication thereof, and from thence to the End of the next Sitting of Assembly, and no longer.
PASSED by the GOVERNOR, this Third Day of February, in the Fourth Year of His Majesty's Reign, Annoque Domini One Thousand Seven Hundred and Sixty-four.