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trate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse to do so, may be committed as provided in section seven hundred and seven. En. February 14, 1872.

Cal.Rep. Cit. 123, 29.

Crim. Prac. Act, sec. 29. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep. Cit. 8, 391.

§ 711. Undertaking, when broken. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken. En. February 14, 1872.

Cal.Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 30. En. April 20, 1850. 290. En. 1851, 212.

Cal. Rep.Cit. 8, 391.

Rep. 1851,

§ 712. Undertaking, when and how to be prosecuted. Upon the district attorney's producing evidence of such conviction to the superior court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of this state. En. February 14, 1872. Am'd. 1880, 32.

Cal.Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 31. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158.

Cal. Rep. Cit. 8, 391.

§ 713. Evidence of breach. In the action, the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach. En. February 14, 1872.

Cal.Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 32. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of this state, and particularly toward the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required. En. February 14, 1872.

Cal.Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 25. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 707. Effect of giving or refusing to give security. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same. En. February 14, 1872.

Cal.Rep. Cit. 123, 29.

Crim. Prac. Act, sec. 26. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

If

§ 708. Person committed for not giving security. the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same. En. February 14, 1872. Cal. Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 27.

En. April 20, 1850.

Rep. 1851,

290. En. 1851, 212.

§ 709. Undertaking to be filed in clerk's office. The undertaking must be filed by the magistrate, in the office En. February 14, 1872.

of the clerk of the county.

Cal. Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 28. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 710. Security required for assault committed in court. A person who, in the presence of a court or magis

trate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse to do so, may be committed as provided in section seven hundred and seven. En. February 14, 1872.

Cal.Rep. Cit. 123, 29.

Crim. Prac. Act, sec. 29. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep.Cit. 8, 391.

§ 711. Undertaking, when broken. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken. En. February 14, 1872.

Cal.Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 30. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep.Cit. 8, 391.

§ 712. Undertaking, when and how to be prosecuted. Upon the district attorney's producing evidence of such conviction to the superior court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of this state. En. February 14, 1872. Am'd. 1880, 32.

Cal.Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 31.

En. April 20, 1850. Rep. 1851,

290. En. 1851, 212. Am'd. 1863, 158. Cal.Rep.Cit. 8, 391.

§ 713.

Evidence of breach. In the action, the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach. En. February 14, 1872.

Cal.Rep.Cit. 123, 29.

Crim. Prac. Act, sec. 32. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 714. Security for the peace. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter. En. February 14, 1872. Cal.Rep.Cit. 123, 29; 123, 32.

Crim. Prac. Act, sec. 33. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

CHAPTER IV.

POLICE IN CITIES AND TOWNS, AND THEIR ATTENDANCE AT EXPOSED PLACES.

§ 719.

§ 720.

Organization and regulation of the police.
Force to preserve the peace at public meetings.

§ 719. Organization and regulation of the police. The organization and regulation of the police, in the cities and towns of this state, is governed by special laws. En. February 14, 1872.

Crim. Prac. Act, sec. 34. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Police insurance and pension bill: See post, Appendix, title Police.

Compensation of police: See post, Appendix, title Police. Increase of police force: See post, Appendix, title Po

lice.

Vacation for police: See post, Appendix, title Police.

$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.

Officer to certify to court the name of resisters, etc.
Governor to order out military to aid in executing process.
Magistrates and officers to command rioters to disperse.

To arrest rioters if they do not disperse.

Officers who may order out the military.

Commanding officer and troops to obey the order.

§ 723.

Power of sheriff in overcoming resistance.

§ 724.

§ 725.

§ 726.

§ 727.

§ 728.

§ 729.

§ 730.

§ 731.

§ 732.

§ 733.

§ 734.

Right to parade with arms.

§ 723.

Power of sheriff in

Armed force to obey orders of whom.

Conduct of the troops.

Governor may declare a county in a state of insurrection.
May revoke the proclamation.

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 resisters, 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.
En. 1851, 212.

290.

§ 725.

Rep. 1851,

Governor to order out military to aid in executing process. If it appears to the governor that the civil

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