Riots , doc . 557

or serjeant , having a precept directed to him , shall return A . D . 1786 .

A . R . C . 11 . twenty - four fit persons , twelve of whom having been sworn , , shall enquire of the said riot , rout , or unlawful assembly , and award against those , whom they shall find guilty thereof , due 19 Hen . 7 , c . 13 . pains by amercement and imprisonment , as is before directed ; and if so many of them should not appear , those who make default shall be fined by the same justices , five pounds each ; and if the default be in the sherift , under sheriff , or serjeant , he shall forfeit to the Commonwealth , twenty pounds .

3 . And if the said riot , rout , or unlawful ' assembly , be not How prosecuted in found by the said jury , by reason of any maintenance , embra - general court , if cery , partiality , or other misbehaviour of the said jurors , then

con not convicted and

a jurors , then punished by justi the said justices , and the sheriff , under sheriff , or serjeant , ces . shall certify the whole matter and circumstances to the general court , and also the names of the maintainers and embracers in that behalf , if any be , with their misdemeanours that they know , in order that they may be duly prosecuted , upon pain of every of the said justices and sheriff , under sheriff , or serjeant , to forfeit twenty pounds , if they have no reasonable excuse for not certifying the same ; which certificate shall be of like force as the presentment of a grand jury ; and thereupon the said trespassers and offenders being put to answer , they which shall be found guilty shall be punished by imprisonment and amercement , according to the discretion of a jury , as is before directed ; and if the same trespassers do not appear before the general court at the first precept , then shall another precept be directed to the sheriff of the county , to take the said tres passers and offenders , if they may be found , and to bring them at a certain day before the general court ; and if they cannot be found , the sheriff , under sheriff , or serjeant , shall make pro clamation in his full county , or corporation , next ensuing the delivery of the second precept , that they shall appear before the general court on a day named ; and in case the same offen ders come not as afore is said , and the proclamation made and returned , they shall be convict and attainted of the riot , assem bly , or rout aforesaid .

4 . And , moreover the justices of peace in every county or Penalty on justi corporation , where such riot , assembly , or rout of people shall ces for veglect of be made , in case the same be made in their presence , or , if none be present , then the justices having notice thereof , together with the sheriff , under sheriff , or serjeant , of the same county or corporation , shall do execution of this act , every one upon pain of twenty pounds , to be paid to the Commonwealth , as often as they shall be found in default of the execution of the said act .

5 . And , on such default of the justices and sheriff , under Duty of general sheriff , or serjeant , a commission shall go from the general court in case of court at the instance of the party grieved , to enquire as well such neglect . of the truth of the case , and of the original inatter for the party complainant , as of the default or defaults of the said justices , sheriff , under sheriff , or serjeant , in this behalf suppo sed , to be directed to sufficient and indifferent persons at the nomination of the judges ; and the said commissioners pre

duties ,