Page:1862-63 Territory of Dakota Session Laws.pdf/80

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CRIMINAL. CODE.
71

sons, in arms or otherwise, as may be necessary, and shall proceed in such manner as in their judgment shall be expedient, forthwith to disperse and suppress such unlawful, riotous, or tumultuous assembly, and seize and secure the person comprising the same, so that they may be proceed with according to law.

(illegible text) Sec. 5. Whenever an armed force shall be called out for the purpose of suppressing any tumult or riot, or dispersing any body of an acting together by forces with intent to commit any felony, or to offer violence to persons or property, or with intent by force or violence, to resist or oppose the execution of the law of this territory, such armed force, when they shall arrive at the place of such orders for suppressing the riot or tumult, and for dispersing and arresting all the persons who are committing any of the said offenses, as they may have received from the governor, or from any judge of the court of record, or the sheriff of the county; and also such further orders as they there shall receive from any two of the magistrates or officers mentioned in the first section.

(illegible text) Sec. 6. It by reason of any of the efforts made by any of the said magistrates or officer, or lay their direction, to disperse such unlawful, riotous, or tumultous assembly, or to seize and secure the person carrying the same who have refused to disperse, though the number remaining my be less than twelve, any such person or other persons then present as operators , or otherwise shall be killed or wounded, the said magistrate and officers, and all persons action by their order, or under their direction, shall be held guiltless and fully justified in law; and if any of the said magistrates or officers, or any person acting by their order or under their direction, shall be killed or wounded, all the person unlawfully, riotously and tumultuously assembled shall be held answerable therefor.

(illegible text) Sec. 7. If any of the persons so unlawfully assembled, shall demolish, pull down, or destroy any dwelling house, or any other building, or any shop, steamboat, or vessel, he shall be punished by imprisonment in the territorial prison, not more than seven years, nor less than three years.

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