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543
losing control of the crowd.
tro men we might still hold on.
I thought that if we got rid of
The man was close to me, in front of
mc.
I loant forvard and grabbed nim with my left hand,
hold
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of hi , moaning to pass him out to Sub-Inspector Pitt who was on my
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right. That was Mr. King's statement as to that matter · an izot
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in the witness box. I drew him back to the matter when he taun xom called and he then said " I was playing for time and the plan appeared
to be working successfully until these two men came up na Torged through the crowd. Thoir shouts of encouragon nt took the crowd at
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on Co I sa that unless I got rid of those two men out of the
crowd at mee wo should not hold than ho was behind the other. I
seized the front man I said "Hore Pitt, talin this mo
ty intention in co doing was to pacify the riot, not to deal with
the man personally." That is Ir. King's ovideo on this oint.
If you accept this as a correct statonont of what happmod vel vill
find also that no claim of right to vec Coree on this weasing
can be based on the exercise of any statutory power of arront.
het was dono vas done to control the crowd and not to bring any
person to justice. We then come to the second ground on which
the claim of right to use force has boon fonded. It is the right
possensed by every citizon to disperse by force a orod which is
guilty of the common law offence of "unlawful esgombly". Phio is
a common law right possessed by us all and is not peculiar to polico
officers. In the common law the term "plawful essembly" has a very
spacial meaning. liany assemblys which we might expect to be
classed as 'unlawful' are outsido the definition. Professor Vice7,
th
in his book "Law And Constitution", describos tho ter hmlarful
assembly" as a torm of art, For instanco, supposing to crowd ith knowledge of tholegal prohibition met to walk over the fontier
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TO BOUZOQ qus in teos:
BATT
in an entirely peaceful mamer and not otherwise, it would then not
bo an unlawful assembly, although assemblod to carry out an unlawful
purpose. No peaceable assembly, so long as it romains peaceablo,
can constituto an unlawful assembly. To como within the dofinition
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trafbart em and of gild 5.1 conera allah 55.95
amm od roku
theme of to onda kintaaznih od 12
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