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§ 720. Force to preserve the peace at public meetings. 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. En. February 14, 1872.

Crim. Prac. Act, sec. 35. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

See ante, sec. 701.

Suppression of riots. See post, secs. 723 et seq.

CHAPTER V.

SUPPRESSION OF RIOTS.

§ 723. Power of sheriff in overcoming resistance.

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

§ 725.

Governor to order out military to aid in executing process. (Repealed.)

§ 726. Magistrates and officers to command rioters to disperse.

8727.

To arrest rioters if they do not disperse.

§ 728. Officers who may order out the military. (Repealed.)

§ 729. Commanding officer and troops to obey the order. (Repealed.) 8730. Armed force to obey orders of whom. (Repealed.)

8 731. Conduct of the troops. (Repealed.)

§ 732.

Governor may declare a county in a state of insurrection. (Repealed.)

§ 733. May revoke the proclamation. (Repealed.)

8734. Right to parade with arms.

§ 723. Power of sheriff in overcoming resistance. 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. En. February 14, 1872.

Crim. Prac. Act, sec. 36. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Peace officers: See post, sec. 877. See ante, sec. 697, subd. 2.

Jurisdiction of police court: See Pol Code, sec. 4426.

§ 724. Officer to certify to court the name of registers, etc. 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. En. February 14, 1872.

Crim. Prac. Act, sec. 37. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 725. Governor to order out military to aid in executing process. En. February 14, 1872. Repealed 1905, 411. Crim. Prac. Act, sec. 39. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 726. Magistrates and officers to command rioters to disperse. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies, the officials governing the town or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse. En. February 14, 1872.

Crim. Prac. Act, sec. 40. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Suppressing riots: See ante, sec. 697, subd. 3.

§ 727. To arrest rioters if they do not disperse. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county. En. February 14, 1872.

Crim. Prac. Act, sec. 41. En. April 20, 1850. Rep. 1851,

290. En. 1851, 212.

Crim. Prac. Act, sec. 42. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

See ante, sec. 723.

§ 728.

Officers who may order out the military. En. February 14, 1872. Am'd. 1880, 32. Rep. 1905, 411.

Crim. Prac. Act, sec. 46. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Governor may call out militia to execute laws, suppress insurrection and repel invasion: Const. Cal., art. VIII, sec. 1.

§ 729. Commanding officer and troops to obey the order. En. February 14, 1872. Am'd. 1880, 32. Rep. 1905, 412. Crim. Prac. Act, sec. 47. En. April 20, 1850. 290. En. 1851, 212.

Rep. 1851,

§ 730. Armed force to obey order of whom. En. February 14, 1872. Am'd. 1880, 32. Rep. 1905, 412.

§ 731. Conduct of the troops. En. February 14, 1872. Am'd. 1895, 193. Rep. 1905, 412.

§ 732. Governor may declare a county in a state of insurrection. En. February 14, 1872. Am'd. 1880, 32. 1905, 412.

Rep.

Crim. Prac. Act, sec. 48. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Governor is commander-in-chief: See Const. Cal., art. V, sec. 5.

§ 733. May revoke the proclamation. En. February 14, 1872. Rep. 1905, 412.

Crim. Prac. Act, sec. 49. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 734. Right to parade with arms. It shall not be lawful for any body of men whatever, other than the regular organized National Guard of this state, and the troops of the United States, to associate themselves together as a military company or organization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof, which license may at any time be revoked; and provided further, that students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall be guilty of a misdemeanor and subject to arrest and punishment therefor. En. Stats. 1895, 193.

TITLE II.

OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS BY IMPEACHMENT OR OTHERWISE.

Chapter L. Of Impeachments, §§ 737-753.

II. Of the Removal of Civil Officers Otherwise than by Impeachment, §§ 758-772.

CHAPTER I.

OF IMPEACHMENTS.

§ 737. Officers liable to impeachment.

§ 738. Articles, how prepared. Trial by senate.

§ 739. Articles of impeachment.

§ 740.

§ 741.

Time of hearing. Service on defendant.
Service, how made.

§ 742. Proceedings on failure to appear.

§ 743. Defendant, after appearance, may answer or demur. If demurrer is overruled, defendant must answer. Senate to be sworn.

§ 744.

§ 745.

746. Two thirds necessary to a conviction.

§ 747. Judgment on conviction, how pronounced.

8748. The same.

749. Nature of the judgment.

§ 750. Effect of judgment of suspension,

§ 751. Impeachment disqualifies until acquittal. Vacancy, how filled. § 752. Presiding officer when lieutenant-governor is impeached.

§ 753. Impeachment not a bar to indictment.

§ 737. Officers liable to impeachment. The governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice, associate justices of the supreme court, and judges of the superior courts, are liable to impeachment for any misdemeanor in ofice. En. February 14, 1872. Am'd. 1880, 3.

Crim. Prac. Act, sec. 51. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Impeachment. This section is taken from the first portion of section 18 of article IV of the state constitution.

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