not be built. Similar applications may be made where mill has been already built. If it shall appear that the mansion house of any proprietor, or the curtilage or garden thereto immediately belonging, will be overflowed, or the health of the neighborhood injured, the court must refuse permission to build the dam. If not, the court exercise its discretion whether to grant leave or not. On leave being granted the person building, on paying the sums assessed by the jury, becomes seized in fee simple of the acre of ground; but failing to begin to build the mill within a year, or to finish it within three years, or to keep it in repair for public use, the land reverts to its former owner. If the mill or dam is destroyed, the owner must commence to rebuild and finish within the same time as for building, unless a feme covert, infant, imprisoned, or of unsound mind, when he has the same time after such disability is removed.

This law does not bar any prosecution for an injury, unless the same was actually foreseen and estimated by the jury.

Ch. 2.-Agricultural Societies. Any twenty or more citizens of any county may form themselves into a society with corporate powers. Notice of the meeting to be first published. Officers to be a president, vice-president, treasurer, secretary, and seven directors, and such others as may be appointed. Treasurer to give bond, which is to be recorded and filed in the office of the clerk of the circuit court. The society determine each year what shall be the tax on members, cannot be less than one dollar, nor more than five. President and directors make bye-laws, confer prizes, fix days of exhibition, fill vacancies, provide for admission of members, give notice of elections, &c. Society may receive donations of real or personal estate. Cannot hold a greater amount than $500 worth of real estate longer than six months. Money can alone be appropriated for payment of prizes that relate to agriculture and domestic manufactures, for publications on the same subjects, and contingent expenses. Any member may withdraw on giving notice and paying up arrearages.

Ch. 3.-Aliens whose governments are at peace with the United States, and who shall have made declaration of their intention to become citizens according to the laws of the United States, may purchase and hold real estate.

Ch. 4.-Apprentices. Minors may be bound by indenture of their own free will, or by the consent of parents or guardian, to be manifested by signing and sealing the indenture, and not otherwise. Females until eighteen years of age, males until twenty-one. If misused, on complaint made to a justice, he shall summon the

master to answer; neglecting to appear, he issues a warrant to bring him forthwith before such justice, who then recognises him to appear at the next circuit court. The court hears the complaint, and either discharges the apprentice or orders him to return to service.

Contracts made by apprentices are declared void; any apprentice absenting himself from service, the master may have a warrant from a justice; on being brought before him, the justice can order him to return to the master's employ, and on refusal commit him to jail to remain until he shall consent; from this decision the apprentice is allowed an appeal to the circuit court.

All time wilfully lost, and cost and charges of apprehending apprentice, are to be repaid when he comes of age. All matters of fact arising in the course of these proceedings shall be tried by a jury, if demanded by either party.

Ch. 5.-Arbitrations. All controversies for which there shall be no remedy but by personal action, or suit in equity, may be arbitrated, and the submission made a rule of any court of record in the state. Bonds are to be entered into, conditioned for complying with award. Either party may appoint the time and place of meeting, giving at least ten days notice to the opposite party and to the arbitrator. The clerk of the circuit court must issue subpoenas on application of either party. The award must be in writing and signed, and a copy delivered within fifteen days to each party. On refusal to comply with it, the other party may return the award with the submission bond to the court named, or if none be named, to the circuit court of the county where the parties reside. The award is to be entered of record and filed by the clerk, and proof made of the execution of the bond and service of a copy of the award, and a rule taken on the party refusing, to show cause at the next term why judgment should not be rendered thereon. On ten days notice of this rule, no sufficient cause being shown, judgment is rendered. Opposing party may show that award was obtained by mistake, in matter of law and fact, or by corrupt and other undue means. Arbitrator is allowed one dollar per day, and an award on mutual accounts has the same effect as a verdict.

SHORT REVIEWS AND NOTICES.

The Law as to Riots. Some riotous disturbances, that took place in Boston recently, induced Judge Thacher, who presides in the Municipal Court, which has cognizance of all crimes less than capital, to instruct the grand jury, at the January term of that court, on the subject of riots and breaches of the peace. His notice of the subject is very opportune in respect to other parts of the country as well as the district to which the jurisdiction of his court extends. The charge has been published, and we extract the part of it relating to riots and breaches of the peace, as it embraces a very clear and elaborate investigation of that subject, which will be no less interesting and applicable in other places than in Boston.

One question is discussed in this charge which presents a subject worthy of attention wherever city charters are granted. The charter of Boston gives authority to some of the municipal officers in relation to the police, and a question has accordingly arisen, whether the authority, duty, and responsibility of the sheriff of the county have been thereby affected, in regard to the maintenance of the peace and the suppression of riots—a question which certainly, for the security of the community, ought to be very clearly settled. Judge Thacher is of opinion that the duty and authority of the sheriff, in this respect, remain as before the city charter was granted.

The part of the charge on the subject of riots is as follows:

"The law is so careful of the public peace, that it allows surety to be taken for its preservation even in some cases, where no actual disturbance has happened. Society being bound to protect its members from violence, actual or threatened, any individual may demand surety of the peace against another, who has merely threatened to do him personal injury, or has lain in wait for that purpose.1 Whoever thus demands security, must make his complaint on oath. The magistrate may thereupon call the party before him, and order immediate security to be given, with

11 Hawks. P. C. B. 1, ch. 60.

out even permitting the truth of the allegations to be controverted by the defendant. But it is the duty of the magistrate, in such case, to be previously satisfied of the truth of the complaint, and that the complainant is actually in fear: and he may undoubtedly refuse to issue a warrant to arrest the person accused, if it appear, that the complaint is false, frivolous, or malicious.1

'An assault and battery is an actual disturbance of the peace, An assault is and it may be committed by one or two persons. only an attempt with violence, and in an angry and threatening manner, to do corporal hurt to another, as by striking at him : but a battery includes an assault, and always supposes some injury to the person assailed. It will be proper for you to note, and to describe particularly, the circumstances of aggravation, with which any offence of this description coming before you, may have been attended: as where the same was done against the sheriff, a constable, a watchman, or other public officer in the actual discharge of the duty of his office, and whether with intent to resist, obstruct, or intimidate him in the performance of his duty, or to rescue a prisoner from his lawful custody. The good of society requires, that crimes of this character should be punished, as a "for redress of salutary restraint on the passions of men : wrongs must be given, or it will be taken; and the law wisely forbids the slightest attack upon the person of a subject, lest far worse mischief should ensue from the sudden ebullition of rage, or the slower, but more dangerous, operation of revenge.”2

'It is an offence against the peace, for two or more persons to meet together to fight, either with or without arms: the parties so engaged may be stayed and arrested by any justice of the peace, constable, or private citizen, and held to answer for the offence before the proper tribunal, and to give security for their good behavior.

6

Any private individual may separate persons who are fighting, and may prevent those who are desirous of joining themselves to the combatants.3 Such offenders having been arrested, may be delivered to a constable, who is bound to receive them, and to carry them before a magistrate. If the law allows a private individual to put an end to an affray, and to arrest the parties concerned in it; such interposition is more especially incumbent on justices of the peace and constables, who have the power, coupled with all necessary authority, to preserve the peace. An affray

1 Stra. 1202. Lord Vane's Case. 2 Burr. 806. Rex. v. Robert Parnell.

may be aggravated by the circumstances of time and place, and more especially, if it shall appear, that the parties met on set purpose, on a challenge given, and with intent to do fatal mischief to each other. If in morals it is regarded as wise to resist the beginning of evil; it is equally so in government. No man can tell before hand, what will be the end of an affray it may prove fatal to the parties; it may extend to their kindred and friends; and thus may a multitude be involved in guilt. It is therefore to be resisted, and put down at once and those who neglect to exert the authority, with which for this purpose they are armed by law, will themselves fail in duty.

'Other offences, which cause an actual disturbance of the public peace, attended with circumstances of tumult and commotion, are riots, routs, and unlawful assemblies. If three or more persons convene together to execute any purpose violently, and to the terror of the peaceable part of the community, it is a riot; if they take some steps towards the execution of their design, it is a rout ; if they simply meet with the intention of doing some mischief, it is an unlawful assembly.

"It is certain, that an assembly becomes a mob by destroying, rifling, or in any manner damaging, seizing, or invading the property either of individuals or the public. As also by any manner of injury done to the persons of individuals; or by invading, seeking or pursuing them with intent to abuse, confine, or put them in fear. Likewise by violently constraining, or intimidating any one to act contrary to his interest, duty or inclination."1

Where three or more persons assemble together, on their own authority, to disturb the public peace, whether in a house or in the highway, with intent mutually to assist each other against any who shall oppose them, in the execution of some enterprise of a private nature, and they afterwards actually execute the same in a violent and turbulent manner, to the terror of the people, whether the act be lawful or not, they incur the guilt of a riot.

'It was lately held in this court to be a riot, where eight or ten young men assembled in a tumultuous manner to disturb the public peace, and traversed the streets of the city, singing obscene songs, and introducing into them the name of a citizen, with the unlawful intent to insult and disgrace him. We deemed this to be a breach of the peace, tending to excite the fiercest passions of resentment, and to lead to scenes of personal violence.

'All who are actually engaged in a riot are considered in law equally guilty of the offence; but the circumstances of each are

1 Professor Hume's Commentaries on the Law of Scotland,