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AFFRAY

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Originally appearing in Volume V01, Page 301 of the 1911 Encyclopedia Britannica.
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AFFRAY , in See also:

law, the fighting of two or more persons in a public See also:place to the terror (a l' effroi) of the lieges. The offence is a See also:misdemeanour at See also:English See also:common law, punishable by See also:fine and imprisonment. A fight in private is an See also:assault and See also:battery, not an affray. As those engaged in an affray render themselves also liable to See also:prosecution for Assault (q.v.), Unlawful See also:Assembly (see ASSEMBLY, UNLAWFUL), or See also:Riot (q.v.), it is for one of these offences that they are usually charged. Any private See also:person may, and constables and justices must, interfere to put a stop to an affray. In the See also:United States the English common law as to affray applies, subject to certain modifications by the statutes of particular states (See also:Bishop, Amer. Grim. Law, 8th ed., 1892, vol. i. § 535). The See also:Indian Penal See also:Code (See also:sect. 159) adopt` the English See also:definition of affray, with the substitution of " actual disturbance of the See also:peace " for " causing terror to the lieges." The See also:Queensland Criminal Code of 1899 (sect. 72) defines affray as taking See also:part in a fight in a public See also:highway or taking part in a fight of such a nature as to alarm the public in any other place to which the public have See also:access.

This definition is taken from that in the English Criminal Code See also:

Bill of 188o, cl. 96. Under the See also:Roman Dutch law in force in See also:South See also:Africa affray falls within the definition of vis publica.

End of Article: AFFRAY

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AFFRE, DENIS AUGUSTE (1793-1848)