Unlawful Assembly

In criminal law. A disturbance of the public peace by three or more persons who meet together with an intent mutually to assist each other in the execution of some unlawful enterprise of a private nature, with force and violence. If they move forward towards its execution, it is then a rout; and if they actually execute their design, it amounts to a riot. 4 Bl. Comm. 140; 1 Russ. Crimes, 254; Hawk. P. C. c. 65, § 9; Comyn, Dig. "Forcible Entry" (D 10); Viner, Abr. "Riots, etc." (A). soription of the ofl Pense. It Is neoeasary when the crime did not exist at common law, and when a statute, in describing an offense which it creates, uses the word (1 Moody, Cr. Gas. 889); but it is unnecessary whenever the crime existed at common law and is manifestly illegal (1 Chit. Grim Law, *241: Hawk, bk, 2, c. 25, 8 96; 2 Rolle, Abr. 82; Bac. Abr. "Indictment" (G 1); 1 111. 199; 2 111. 120.

A disturbance woman; In re Giles, 158 Fed. 596, 85 C. C. of the public peace by three or more persons A. 418. who meet together with an intent mutually UNQUES (L. Fr.). Still; yet. A word to assist each other in the execution of some frequently used in, pleas; as, We unques ex-

At common law. The meeting together of three or more persons, to the disturbance of the public peace, and with the intention of co-operating in the forcible and violent execution of some unlawful private enterprise. If they take stej)s towards the performance of their purpose, it becomes a rout; and, if they put their design into acfual execution, it is a riot. 4 Bl. Comm. 146. Any meeting of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the subjects of the realm. 4 Steph. Gomm. 254.

Defined under Unlawful in Black's Law Dictionary.

In American law. An assembly of three or more persons having no avowed legal object, under such circumstances as to excite terror and consternation in the neighborhooti, and to produce danger to the public peace.

In English law. An assembly of three or more persons to do an unlawful act, dissolved without doing It, or making any motion towards it; any meeting of great numbers of people, with such circumstances of terror as cannot but endanger the public peace and raise fears among the subjects of the i-ealra.

A riotous assembly, an asseinbly of three or more persons to do an unlawful act. v. Affray.

An early definition was: a disturbance of the peace by persons barely assembling together, with an intention to do a thing, which, if it was executed, would make them rioters, but neither actually executing it, nor making a motion toward the execution of it. See Jacob. This seems to have, in substance, the support of 4 Bl. Com. 146. And see 3 Coke Inst. 176. Cowel. Hawkins says that this seems to be much too narrow a definition; for any meeting whatsoever of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the king's subjects, seems properly to be called an unlawful assembly; as where great numbers, complaining of a common grievance, meet together, armed in a warlike manner, in order to consult together concerning the most proper means for the recovery of their interests; for no one can foresee what may be the event of such an assembly. This seems adopted in 4 Steph. Com. (6th ed.) 340. The true view appears to be, that if three or more persons meet together with an intent mutually to assist each other in the execution of some unlawful enterprise, with force and violence, this is an unlawful assembly, irrespective of whether they do any act or not. If, then, they move forward towards execution of their purpose, it becomes a rout; and if they actually execute their design, it amounts to a riot. But these consequences do not deprive the original meeting of the character of an unlawful assembly. Bouvier's definition is to this effect. The three offences are thus defined and distinguished by Blackstone: An unlawful assembly is when three or more do assemble themselves together to do an unlawful act, as to pull down enclosures, to destroy a warren, or the game therein, and part without doing it, or making any motion towards it. A rout is where three or more meet to do an unlawful act upon a common quarrel, as forcibly breaking down fences upon a right claimed of common or of way, and make some advances towards it. A riot is where three or more actually do an unlawful act of violence, either with or without a common cause or quarrel, as if they beat a man, or hunt and kill game in another's park, chase, warren, or liberty, or do any other unlawful act in a violent and tumultuous manner. 4 Bl. Com. ch. 11, p. 146.

in crim. law, is a disturbance of the public peace by three or more persons who meet together with an intent mutually to assist each other in the execution of some enterprise of a private nature, with force and violence; if they move forward towards its execution, it is then a rout, (q. v.); and if they actually execute their design, it amounts to a niet, (q.v.) 4 Bl. Com. 140; 1 Ruas. on Cr. 254; Hawk. c. 65, s. 0; Com. Dig. Forcible Entry, (D 10); Vin. Ab. Riots, &c. (A). - UNLAWFULLY, pleadings.