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I Whenever any Officer Command- ing a Detachment of Troops receives an application for Military Assistance to the Civil Power, he will consider it his duty to comply with such application upon the following conditions, and equally his duty at once to decline affording the required Aid should these -conditions not be fulfilled: 1st. The Requisition must be made in writing, by a Magistrate, Sheriff, or Sub-Sheriff. 2d The Party detached on this duty must, while so employed, be con- stantly accompanied by a Magis- trate, Sheriff, or Sub-Sheriff, and act under his Orders only. 3rd. The mode in which the Troops are to afford such Aid must be strictly limited to their acting as a -..,.. .. o vf t« tVie Civil Power. 4f They must never be dispersed, but remain as much concentrated as possible, and they are not to have recourse to actually offensive measures until the Civil Power has completely failed, or proved to be totally inadequate, either to main- tain the Peace, or to overcome any manifestly illegal and forcible re- sistance to the due execution of the Laws ; and eyen then the Military pan only act under the express and positive Orders of the Magistrate, . Sheriff, or Sub-Sheriff. If the Sheriff, Sub-Sheyiff, or Magis- trate specify the amount of Force he requires, the Officer will use his own discretion in augmenting the numbers, according to the Force at his disposal and the duty to be performed. The Officer is at all times responsible for the disposal of the Troops in Military Order and Position ; the Civil Authorities for the employment of them in preserving the Peace. t V ' . . Officers m Command of Parties will . I be held responsible that their Men shall not be divided or dispersed under any pretence whatever, even if the Magis- trate or other Civil Authority should re- !^ire such dispersion; but this Order IS not to be understood as prohibiting OHi- cers from affording the most effectual assistance in accomplishing the object m view, provided the Men are la"^" «; stance suffered to be s«nt beyond caU of each other, or to be placed ^^'^'^Z where, in case of emergency, the whole Party would be prevented from imme- diately acting together. Except in cases of extreme urgency, when a Magistrate must be constantly present with the Party, no Officer will grant Troops on any Requisition that will cause them to be. removed one or more marches from their Posts-when such an arrangement is necessary, the Sheriff, Sub-Sheriff, or Magistrate must be referred to the General Officer Com- maading the District. Such are the general Rules to be ob- served in regard to affording MUitary Aid to the Civil Power. Certain modi- fications are admissible under particular circumstances, as will be explained in the following Articles. MAGISTRATES REQUIRING PARTIES TO MEET THEM AT CERTAIN POINTS. III. A modification of the second condition laid down in Article I. is ad- missible under the following circum- stances : It frequently happens that Ma- gistrates, Sheriffs, and Sub-Sheriffs, re- siding at a distance from the Station of a Detachment, make Requisitions for Parties to meet them at a certain point, to such an arrangement, as suiting the convenience of the Magistrates, there can be no oh'jection, provided that in se- lecting the point of meeting, the Magis- trate, Sheriff^ or Sub-Sheriff, takes care it shall be a sufficient and reasonable distance from the spot where the pre- sence of the Military is more particular- ly required, so as to leave no chance of any collision taking place between the Troops and any _ riotously disposed Per- sons, previously to the arrival of the Magistrate, Sheriff, or .Sub-Sheriff. It will therefore be the duty of an Officer, on receiving a Requisition of this kind, to intimate to the Magistrate, Sheriff, or Sub-Sheriff, ^.he necessity of observing the precaution aUuded to, and further, to use his own discretion when proceed- ing with his party to the point agreed upon, in at once returning to his Quar- ters, should circumstances seem to indi- cate the probability of any such collision as that already referred to. A further modification takes place in cases where, in the immediate presence of the Military, resistance is opposed to the Police, or an attack is made upon them in the execution of their duty mi- der circumstances not admitting suffi- cient time for procuring a regular Re- quisition from the nearest Magistrate for their support, but whose attendance must nevertheless be summoned as speedily as possible ; or, in cases where self-defence renders it necessary for them to have recourse to Arms^or, where under their own immediate notice, attacks are made on Persons or Property, in which latter .11 1 ^ xi,^:^ riii+-«r qq far ns thev cases it will pe mvn vxa.J,,v^^ 8 possibly can, to afford protection, taking particular care however, to use their Arms only in the last extremity. PATROLES. V. When in the opinion of the Ma- gistrates it is necessary to patrol any District with Military, their Requisitions to that effect are to be attended to, if practicable ; but each Patrole so grant- ed must be accompanied by a Magis- trate,* on whom the responsibility of its ■ Proceedings must rest. In instances, however, where Officers Commanding J3etachments may consider it expedient for their security, to establish Patro- les m the immediate vicinity of their Posts, such Patroles may defend them- selves, if attacked, and repel force by force ; or if, in their presence, the Persons or Properties of any of the King's sub- jects should be attacked by any body of Men, they may act or assist in prevent- ing or repelling such attack. • Except in particular cases, agreeably to pre- viously received Instruction* from Head Quarters. 9 ESCORTS. All Escorts for Civil Prisoners are to be given on the Requisition of a Magis- trate, Sheriff, or Sub-Sheriff, in writing, stating that tho Police Force is unequal to the duty, which Requisition must be forwarded to the Military Secretary. There are, however, two ca^es in which Military Assistance may be im- mediately granted for the above purposes without any previous reference, the one is when the Requisition for Aid proceeds from the Sheriff, Sub-Sheriff, or a Cor- oner of the County, (see Articles I. and II.) ; the other is when any competent Civil Authority calls for Military As- sistance to suppress a Riot which may have arisen in the Collection of Tithes, County Cess, or Rent, or in the serving or executing of Civil Process or Decrees, and which Riot is actually going on at the time. When Troops are called upon to assist in the prevention of Plunder of a strand- ed Vessel, in extinguishing Fires, pre- 10 venting the Country People cutting and carrying away Turf, Sea Weed, or other Property, or Services of a similar nature, the Officer must require •> written state- nient from the Magistrate or Magistrates, Sheriir,or Sub-Sheriff, d. ,tinctly specify, ing that the case is one of emergency that danger is apprehended, and that the' ordinary Civil Force is insufficient to mamtain the Peace. Every Party called on to assist the Civil Power must, whenever a breach of the Peace is apprehended, be under the Ordersof a Commissioned Officer. GENERAL ORDER. Horse Guards, 27jf^ March, 1835. It has been found by experience, that when Troops have been called upon to act in aid of the Civil Power for the maintenance of the public Peace, or in the enforcement of the Law, and have, with a view to intimidation, fired over the heads of persons riotously assembled, the effect has been, that lives have been tost, or wounds received, by persons tak^ 11 ing no part in resistance to the Law, and also that Parties engaged in such resistance have been encouraged to yets of greater daring and violence. In order to guard agains-t the recurrence of such an evil, the General Commanding in Chief desires •fiiat Officers Commanding Troops or Detachments will on every oc- casion in which they may be employed in the suppression of Riots, x in the en- forcement of the Law, take the most effectual means, in conjunction with the Magistrates under whose Orders they may be placed, for notifying beforehand, and explaining to the People opposed to them, that in the event oi the Troops being ordered to fire, their Fire will be effective. By Command of the Right Honorable General Lord HILL, Commanding-in-Chief, John Macdonald, Adjutant-General. (Confidential.) Instructio7is, Horse Guards, 21th March, 1835. The lamentable frequency of the call for Troops to aid the Magistrates in Ire- land in the suppression of Eiot, the . maintenance of the public Peace, and the execution of the Law, has drawn the attention of the General Commanding in Chief to the necessity of regulating the execution of this duty, upon uniform, simple, and intelligible principles. No Officer is to go out with Troops upon such duty excepting upon the Re- quisition of a Magistrate in writing. The Officer Commanding the Troops must move to the place to which he shall be directed by the Magistrate. He must take care, however, that the Troops march in regular Military Order, with the usual precautions, and that they are not scattered, detached, or posted in a situation in which they cannot act in their own defence. > i 1 I 1 6 The Magistrate must accompany the Troops, and the Officer must remain near him. f All Commands to the Troops must be given by the Officer. The Troops must not, on any account, fire, excepting by Wmd of Command of their Officer; and the Officer must not give the Word of Command to fire, un_ less distinctly required to do so by the Magistrate. The Officer Commanding must exer^ else a humane discretion respecting the extent of the line of Fire. If he should be of opinion that a slight effort would be sufficient to attain the object he will give the word of Com- mand to one or two specified Files to fire. If a greater effort should be re- quired, he will give the Word of Com. mand to One of the Sections, told off' as above ordered, to fire; the fire of the other Sections being kept in reserve un- til necessary, and when required the fire 14 of each of them being given by the re- gular Word of Command of the Com- manding Officer. The Firing must cease the instant it is no longer necessary, whether the Ma- gistrate may order the cessation or not. Care must be taken not to fire upon Persons separated from the crowd. It must be observed, that to fire over the heads of a crowd, engaged in an ille- gal pursuit, would have the effect of favouring the most daring and the guil- tv, and might have the effect of sacrifi- cing the less daring, and even the inno- cent. If firing should unfortunately be ne- cessary, and should be ordered by the Magistrate, Officers and Soldiers must feel that they have a serious duty to per- form, and they must perform it with coolness and steadiness, and in such manner as that they may be able to discontinue their fire at the instant a- f f k I 15 which it shall be found that there is no longer occasion for it. By Command of The Right Honorable The General Commanding in Chief, JOHN MACDONALD, Adjutant-General. « ♦ LEGAL OPINION. <'By the Common Law, every des- cription of Peace Officer may, and ought, to do not only all that in him lies to- wards the suppressing of Riots, but may, and ought to, command oil other Persons to assist therein. « However, it is by all means advisa- ble to procure a Justice of Peace to at- tend, and for the Mlitary to act under his immediate Orders, when such at- tendance, and the sanction of such Or- ders, can be obtained, as it not only pre- vents any disposition to unnecessary violence on the part of those who act in xepelling the Tumult, but it induces also, 16 from the known authority of such Ma- gistrates, a more ready submission on the part of the Rioters, to the measures used for that purpose ; — but still in cases of great and sudden emergency, the Mi- Utary^ as well as all other Individuals, may act vdthout their presence, or without the presence of any other Peace Officer whatsoever. (Signed ^'Edward Law. *^ Lincoln's Inn, April 1, 1801." \ ' N. B. — By the Act of Parliament of the First Year of George the First, dated 17th March, 1714, entitled " An Act for preventing Tumults and liiotous As- semblies, and for the more speedy and effectual punishing of the Rioters," every Justice of the Peace, Sheriff, Under Sherif, Mayw, Bailiff, or other Head Officer, of any County, City, or Town Corporate, is authorized, empowered, and required, on Notice or Knowledge of any ♦ unlawful, riotous, and tumultuous As- sembly within the limits of their res- pective Jurisdictions to resort to the 17 J • place where such Assembly shall be, of Persons to the Number of Twelve^ or more, and there to make, or cause to be made, the Proclamation, prescribed by the said Act, lor dispersing such Assem- bly. THE FOLLOWING ARE THE FORMS REQUIRED TO BE USED BY MAGISTRATES IN QUELLING OR SUPPRESSING A RIOT, OR IN PREVENTING AN APPRE- HENDED BREACH OF THE PEACE. mm Mir^ PROCLAMATION. Our Sovereign Lady the Queen Char- geth and Commandeth all persons being assembled immediately to disperse them- selves and peaceably to depart to their lawful business, upon the pains con- tained in the Act made in the first year of the Reign of King George the First, for preventing Tumults and Riotous Assemblies. Gob save tht! Queen. 18 Form of notice to be SERVfiiy upon each person summoned to be sworn in as a special constable. Sir, You are hereby required to be and appear at (state places time and datCf) to be sworn in as a Special Con- stable, in virtue of the Act 10 and 11* Vic. Cap. 12, to aid and assist in the pre- servation of the Peace, (state where and under what circumstances.) Dated at this day of 185 • A. B. J. P. C. D. J. P. Form of Oath of a Special Constable. 1, A. B. do swear that I will well and truly serve our Sovereign Lady the Queen in the office of Special Constable for the (state the place) without favor or affection, malice, or ill will ; and that I will to the best of my power cause the peace to be kept and preserved, and will prevent all offences against the persons ^^A rtyr^^nyfloc. r»f TTpv Maifist-V's Sub- iects-, anc the said ( ^kill and duties th' law : " ^' TlEa^ Sir of meri in (a^< prevent peace, ' place. ^ I To 19 ,,,,11 and l^i^^^MaUy according to duties thereof fo^^»'^y, 1^^. « So help me God.. or THE Civil. POVIER. S"' v»niiived (itate No- '^'Ta;d\3tU:ecWlpowe« oy- men) to aid and ass ^^^ ^ ,,,^ To A. B. Commg. Gamsou.