RIO ( T56 ) RIS
torney General, on the 1st of April,1801, by order of his Royal Highnessthe Duke of York, then commander inchief.
Case. —Your opinion is requestedwhether in case of any sudden riot, ordisturbance, a constable, or other peaceofficer, being under the degree of thosedescribed in the Riot Act, can call uponthe military to suppress such riot, ordisturbance; or how far, in the absenceof any constable, or other peace officerat all, the military would be justified inproceeding to suppress any riot whichmight break out?
Opinion. —I understand the distur-bances here meant to be such as toamount to the legal description of riots.The word disturbance has no legal andappropriate meaning, beyond a merebreach of the peace, which is not, how-ever, the sense in which the word isused in this case; the case plainly im-porting a breach of the peace by an as-sembled multitude. In case of any suchsudden riot and disturbance as abovesupposed, any of his Majesty’s subjects,without the presence of a peace officerof any description, may arm themselves,and, of course, may use ordinary meansof force to suppress such riot and dis-turbance.—This was laid down in mvLord Chief Justice Popham’s Reports,121, and Keyling t6, as having been re-solved by all the judges in the 39th ofQueen Elizabeth to be good law, andhas certainly been recognized in Haw-kins, and other writers on the crownlaw, and by various judges at differentperiods since. And what his Majesty’ssubjects may do, they also ought to dofor the suppression of public tumult,when an exigency may require thatsuch means be resorted to; whateverany other class of his Majesty’s subjectsmay allowably do in this particular, themilitary may unquestionably do also; bythe common law, every description ofpeace officers may and ought to do, notonly all that in him lies towards thesuppressing riots, but may, and oughtto command all other persons to assisttherein.
However, it is by all means advisa-ble to procure a justice of the peace toattend, and for the military to act underhis immediate orders, when such at-tendance and the sanction of such orderscan be obtained; as it not only pre-vents any disposition to unnecessary
violence on the part of those who act inrepelling the tumult, but it induces also,from the known authority of such ma-gistrates, a more ready submission onthe part of the rioters, to the measuresused for that purpose; but still , in casesof great and sudden emergency, themilitary, as well as all other individuals,may act without their presence or with-out the presence of any other peaceofficer whatsoever.
(Now Lord Ellenborough, Lord ChiefJustice of the Court of King’s Bench.)Lincoln's Inn, Isf April, 1801.
IiIOT-rif', an act of parliament pro-hibiting riotous or tumultuous assem-blies. This being read by a magistrateor peace officer to the mob, if they donot in a given time disperse, or if theycommit any act of violence on the pro-perty or persons of others, the soldierymay fire on them, and reduce them byforce of arms to quiet, and obedienceto the laws.
RIOTERS, disturbers of the publicpeace; persons acting in open violationof good order; raising, or creating sedi-tion, &c. Soldiers are not to fire onrioters until the Riot-act has been readby a magistrate, or peace-officer; unlessmartial law is proclaimed ; or in extra-ordinary cases. See Riot.
RIPOSTE, Fr. a parry and thrust;it likewise signifies, in a'figurative sense,a keen reply, a close retort.
RIPOSTER, or RISPOSTER, Fr.in fencing, to parry and thrust.
RISBAN, Fr. in fortification, a fiatpiece of ground upon which a fort isconstructed for the defence and securityof a port or harbour. It likewise meansthe port itself. The famous Risban ofDunkirk was built entirely of brick andstone; having within its walls excellentbarracks, a large cistern well suppliedwith water, magazines for stores, pro-visions, and ammunition. A ready com-munication was kept up with the townby means of the jettee, which corre-sponded with the wooden bridge thatjoined the entrance into the fort. Therampart was capable of receiving forty-six pieces of ordnance, which were dis-posed in three different alignments, ortiers, owing to the triangular figure ofthe fort; so that a fire could be kept upom all sides.
Risban, Fr. a fort, or castle, whichis built in the sea, at some distance