lawful S473. Every person who, without authority of law, Disturbing willfully disturbs or breaks up any assembly or meet- meetings. ing, not unlawful in its character, other than such as are mentioned in sections 55, 79, and 359, of this Code, is guilty of a misdemeanor. The assemblies specified in the sections referred to are religious meetings, meetings of electors held for discussion of public questions, and funerals. defined. S474. Any use of force or violence, or any threat "Riot" to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot. Consult State v. Conolly, 3 Rich., 337; State v. Snow, 6 Shep., 346; Dougherty v. People, 4 Scamm., 180; Rex S 475. Every person guilty of participating in any Punishriot is punishable as follows: 1. If any murder, maiming, robbery, rape or arson, was committed in the course of such riot, such person is punishable in the same manner as a principal in such crime. 2. If the purpose of the riotous assembly was to resist the execution of any statute of this state or of the United States, or to obstruct any public officer of this state or of the United States in the performance of any legal duty, or in serving or executing any legal process, such person is punishable by imprisonment in a state prison not exceeding ten years and not less than two. 3. If such person carried, at the time of such riot, any species of fire-arms, or other deadly or dangerous weapon, or was disguised, he is punishable by imprisonment in a state prison not exceeding ten years and not less than two. ment of riot. Rout" defined. Unlawful assembly. Assembly of persons 4. If such person directed, advised, encouraged, or solicited other persons, who participated in the riot, to acts of force or violence, he is punishable by imprisonment in a state prison for not less than three years. 5. In all other cases such person is punishable as for a misdemeanor. S476. Whenever three or more persons, acting together, make any attempt or do any act towards the commission of an act which would be riot if actually committed, such assembly is a rout. S477. Whenever three or more persons assemble with intent or with means and preparations to do an unlawful act which would be riot if actually committed, but do no act towards the commission thereof; or whenever such persons assemble without authority of law, and in such a manner as is adapted to disturb the public peace, or excite public alarm, such assembly is an unlawful assembly. Consult upon the first branch of this section 4 Blackst. Comm., 147; Rex v. Birt, 5 Carr. & P., 154; Rex v. Heass, 2 Salk., 594. Upon the second, 1 Hawk. P. C., ch. 65, § 9; 1 Russ. Cr., 272; Whart. Cr. L., 722; Rex v. Hunt, 1 Russ. C. & M., 254; 3 Cox Cr. Cas., 215; Reg. v. Vincent, 9 Carr. & P., 91; Reg. v. Neale, 9 Carr. & P., 431; Reg. v. Soley, 11 Mod., 116; Gagarty v. Queen, 3 Cox Cr. Cas., 306. S478. Every assembly of three or more persons disguised. having their faces painted, discolored, colored or concealed, or being otherwise disguised in a manner adapted to prevent them from being identified, is an unlawful assembly. Punish ment of rout and unlawful assembly Allowing masquerades to be Laws of 1845, ch. 3, § 6. S479. Every person who participates in any rout or unlawful assembly, is guilty of a misdemeanor. $480. Every person being a proprietor, manager or keeper of any theater, circus, public garden, pub. places of resort. lic hall or premises, or other place of public meeting, held in Laws of 1829, ch. 270; as amended Laws of 1858, S 481. Every person remaining present at the place of any riot, rout or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. S 482. Where three or more persons assemble for a lawful purpose, and afterwards proceed to commit an act that would amount to riot if it had been the original purpose of the meeting, every person who does not retire when the change of purpose is made known, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. S 483. Every person present at any riot, and lawfully commanded to aid the magistrates or officers in arresting any rioter, who neglects or refuses to obey such command, is deemed one of the rioters, and punishable accordingly. See Rep. Code Cr. Pro., § 90. S484. Every person who resists, or enters into a combination with any other person to resist the execution of any legal process, under circumstances not amounting to a riot, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or both. Laws of 1845, ch. 69, § 17. Remaining present at place of after warn t ing to dis perse. Remaining place of a meeting, originally lawful, after present at ted an un- lawful Refusing to ful com obey a law mand to assist in rioter. arresting Combinasist execu tions to re tion of pro cess. Prize fights. Challenges to engage in S485. Every person who engages in, instigates, encourages or promotes, any ring or prize fight, or any other premeditated fight or contention, whether as principal, aid, second, umpire, surgeon, or otherwise, although no death or personal injury ensues, is guilty of a misdemeanor. S486. Every person who challenges another to prize fights. engage in any such fight as is specified in the last section; every person who accepts any such challenge; every person who knowingly forwards, carries or delivers any such challenge; and every person who bets, stakes or wagers any money or property upon the result of any such fight, or who undertakes to hold any money or property so betted, staked or wagered, to be delivered to or for the benefit of the winner thereof, is guilty of a misdemeanor. What is a challenge. Leaving the state to engage in prize fights. Place of trial. S487. Any words spoken or written, or any signs uttered or made to any person, expressing or implying, or intended to express or imply a desire, request, invitation or demand to engage in any fight, such as is mentioned in section 485, are deemed a challenge within the meaning of the last section. Corresponds with § 298 of this Code. S 488. Every person who leaves this state with intent to elude any of the provisions of the last three sections, and to commit any act out of this state, such as is prohibited by them, and who does any act which would be punishable under these provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state. Corresponds with § 301 of this Code. S 489. Such person may be indicted and tried in any county within this state. Corresponds with § 302 of this Code. duty of cers with respect to prize fights. S490. It is the duty of all sheriffs, constables, Special policemen, and watchmen, who have reasonable peace offgrounds to believe that any offense specified in section 485 is about to be committed within their jurisdiction, to make complaint under the provisions of this act to some magistrate within their jurisdiction. Laws of 1859, ch. 37, § 4. S491. Every sheriff, constable, policeman or watchman, who willfully neglects the duty prescribed by the last section, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his office. Laws of 1859, ch. 37, § 4. Neglect of peace offdemeanor, duty by cers a mis entry and S 492. Every person guilty of using, or of procuring, Forcible encouraging or assisting another to use, any force or detainer. violence in entering upon or detaining any lands or other possessions of another, except in the cases and manner allowed by law, is guilty of misdemeanor. S493. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterwards, without authority of law, returns to settle or reside upon such lands, is guilty of a misde meanor. Founded upon 1 Rev. Stat., 206, § 54, but made more/ general. Returning session of to take pos lands after being re legal pro moved by cess. intrusions of another. S494. Every person who intrudes or squats upon Unlawful any lot or piece of land within the bounds of any upon lands incorporated city or village, without license or authority from the owner thereof, or who erects or occupies thereon any hut, hovel, shanty or other structure whatever without such license or authority; and every person who places, erects, or occupies within the bounds of any street or avenue of such city or village, any hut, hovel, shanty, or other structure whatever, is guilty of a misdemeanor. See Laws of 1857, ch. 396, § 1. |