What is the duty of every magistrate or peace officer when a riot is constituted according to penal law?

The duty of every magistrate or peace officer when a riot is constituted, according to penal law, is to disperse the persons involved. This directive is in place to restore peace and prevent further escalation of violence or disorder. The responsibility stems from the need to maintain public safety and order, as riots can quickly become hazardous to both participants and bystanders.

Dispersing the crowd effectively can mitigate potential injuries and damage to property and prevent the situation from worsening. By addressing the disturbance through dispersal, the officer upholds their role in preserving law and order and safeguarding community well-being.

While the other options might reflect actions that could take place in the context of dealing with riots, the primary focus of a magistrate or peace officer's immediate duty is to ensure the situation is under control by dispersing the individuals involved. This highlights the importance of proactive measures in law enforcement to prevent escalation.