GENERAL LAWS.

PART I.

CRIMINAL CODE.

Fighting by agreement. Aiders and abettors

AN ACT

To amend sections eight, seventeen, twenty-five, twenty-six, twentyeight, thirty, forty-four, sixty-five, seventy-five, seventy-six, seventy-eight, eighty-seven, eighty-nine, ninety, ninety-one, one hundred and sixteen, one hundred and nineteen, one hundred and twenty, one hundred and twenty-one, one hundred and twenty-five, one hundred and thirty nine, one hundred and forty, two hundred and eight, two hundred and thirteen, two hundred and fourteen, two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen, two hundred and twenty, two hundred and twenty-three, two hundred and twenty-six, two hundred and thirty-three, two hundred and forty-two, two hundred and sixtytwo, two hundred and seventy-one, three hundred and seventyseven, four hundred and one, four hundred and sixty-five, and five hundred and twenty-two, of the criminal code, chapter 58 of the general statutes of 1873.

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That section eight of the criminal code, chapter fifty-eight of the general statutes, be and the same is hereby amended to read as follows: Sec. 8. If any person shall engage or be concerned in or attend any such fight or contention as is described in the last preceding Gen. Stat., 721. section, as backer, trainer, second, umpire, assistant, or reporter, every person so offending shall, on conviction, be fined in any sum not less than five dollars nor more than one hundred dollars and, imprisoned in the jail of the county not less than ten days, nor more than three months, and pay the costs of prosecution.

Assault and battery and menacing

SEC. 2. That section seventeen of said code, is hereby amended to read as follows: Sec. 17. If any person shall unlawfully assault or threaten in a menacing man. ner, or shall unlawfully strike or wound another, the Gen Stat. 723 person so offending shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, or imprisoned in the jail of the county not exceeding three

threat

months, or both, in the discretion of the court, and shall moreover be liable to the suit of the party injured.

cealed weapons

Gen. Stat., 724.

SEC. 3. That section twenty-five of said code, be Carrying conamended to read as follows: Sec. 25. Whoever shall carry a weapon, or weapons, concealed on or about his person, such as a pistol, bowie-knife, dirk, or any other dangerous weapon, on conviction of the first offense, shall be fined not exceeding one hundred dollars or imprisoned in the county jail not more than thirty days, and for the second offense, not exceeding one hundred dollars, or imprisoned in the county jail not more than three months, or both, at the discretion of the court: Provided, however, If it shall be proved from the testimony on the trial of any such case that the accused was at the time of carrying any weapon or weapons as aforesaid, engaged in the pursuit of any lawful business, calling or employment, and the circumstances in which he was placed at the time aforesaid, were such as to justify a prudent man in carrying the weapon or weapons aforesaid for the defense of his person, property, or family, the accused shall be acquitted.

sembly and

SEC. 4. That section twenty-six of said code, is here- Unlawful asby amended to read as follows: Sec. 26. If three or riot. more persous shall assemble together with intent to do Gen. Stat., 725. any unlawful act with force and violence against the person or property of another, or to do any unlawful act against the peace, or being lawfully [unlawfully] assembled, agree with such other to do any unlawful act as aforesaid, and shall make any movement or preparation therefor, the persons so offending shall be fined in any sum not exceeding one hundred dollars and be imprisoned in the county jail not exceeding three months.

SEC. 5. That section twenty-eight of said code, is Riot, obstruct hereby amended to read as follows: Sec. 28. If any etc.

ing authorities,

person shall forcibly obstruct any of the authorities afore- Gen. Stat., 725.

Resisting and abusing offi

cers.

said, or if any three or more persons shall continue together after proclamation made as aforesaid, or attempted to be made and prevented by such rioters, or in case of the [no] proclamation, any three or more persons being assembled as aforesaid shall commit any unlawful act as aforesaid, every such offense [offender] shall be fined in any sum not exceeding one hundred dollars and imprisoned in the jail of the county, not exceeding three months, and shall moreover find security for good behavior and to keep the peace for a time not exceeding one year.

SEC. 6. That section thirty of said code, is hereby amended to read as follows: Sec. 30. If any person Gen Stat., 726. shall abuse any judge or justice of the peace, resist or abuse any sheriff, constable, or other officer, in the execution of his office, the person so offending shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the jail of the county not exceeding three months, or both, at the discretion of the court.

Penalty for vio. lation of sec

SEC. 7. That section forty-four, of said code, is heretions 42 and 43. by amended to read as follows: Sec. 44. Any person Gen. Stat., 728. offending against the provisions of either of the last two preceding sections shall be fined in any sum not less than twenty nor more than one hundred dollars.

Killing and injuring animals of less value than thirtyfive dollars.

SEC. 8. That section sixty-five of said code is hereby amended to read as follows: Sec. 65. If any person or persons shall unlawfully and maliciously kill or destroy Gen, Stat., 734. any horse, mare, foal, filly, mule or ass, sheep, goat, cow, ox, steer, bull, heifer, or swine, the property of another or others, of less value than thirty-five dollars, or shall wilfully and maliciously injure any such animal or animals, the proporty of another or others, to an amount less than thirty-five dollars, such person or persons shall be fined in any sum not more than one hundred dollars nor less than five dollars, or imprisonment in the jail of the county not

exceeding three months, or both fined and imprisoned as aforesaid at the discretion of the court.

sheep.

1

SEC. 9. That section seventy-five of said code be Disease among amended to read as follows: Sec. 75. Any person being Gen. Stat., 736. the owner of sheep, or having the same in charge, who shall turn out or suffer any sheep having any contagious disease, knowing the same to be so diseased, to run at large upon any common highway or enclosed [unenclosed] ground, or who shall sell any such sheep, knowing the same to be diseased, without fully disclosing the fact to the purchaser, shall be punished by a fine of not less than twenty dollars and not more than one hundred dollars, and be imprisoned in the jail of the county not exceeding three months: Provided, This section shall not be so construed as to prevent any person owning such diseased sheep from driving along any public highway.

SEC. 10. That section seventy-six of said code is hereby selling or al lowing diseased amended to rend as follows: Sec. 76. It shall be un- animals to run at large.

lawful for any person to sell, barter, or dispose of, or per- Gen. Stat., 736. mit to run at large, any horse, cattle, sheep, or domestic animal, knowing that such horse, cattle, sheep, or domestic animals are infected with contagious or infectuous disease, or have been recently exposed thereto, unless he shall first duly inform the person to whom he may sell, barter, or dispose of such horse, cattle, sheep, or other domestic animal of the same, and any person so offending shall be fined in any sum not less than twenty dollars nor more than one hundred dollars, or be confined in the jail of the county not exceeding three months.

using animals without leave. Gen. Stat., 737.

SEC. 11. That section seventy-eight of said code Taking and be amended to read as follows: Sec. 78. If any person shall unlawfully take any horse, mare, gelding, foal, or filly, ass, or mule from the stable, lot, or pasture of another, or from a hitching-rack, or any other place as aforesaid, have [having] been lawfully placed, without consent of