149; false and pretended prophecies-id; entering on land by force and throwing out a person who has a naked possession-7 Ind. 549.

Challenging to fight-is the inciting, or inviting, or provoking an other to fight-Hob.215. A challenge to fight without deadly weapons is indictable as an attempt, or as a breach of the peace-3 Brev. 243; 1 Hawks.487; 2 Law Reporter, 148; 34 Ill. 486; 1 Dana, 524. No particular form of words is necessary, it is a question of fact for thej ury-12 Ala. 276; see 3 Dana, 418; 6J.J.Marsh. 120; 1 Hawks, 487; 6 Blackf.20; 3 Brev. 243; 1 McMull. 126; but the mere words liar, knave, or the like, do not directly tend to a breach of the peace, as a challenge, but words which tend to a breach of the peace may be indictable-1 Dana, 524; 2 Ld. Raym. 1031. See Desty's Crim. Law, § 95 a.

“Maliciously” and “willfully.”-See ante, § 7, subd. 4; id. subd. 1. 416. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.

417. Every person who, not in necessary self-defense, in the presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry, and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor. Exhibiting weapons.-The appearance in public, armed with a dan. gerous weapon, is an indictable offense-3 Ired. 418.

418. Every person using or procuring, encouraging or assisting another to use any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor.

Forcible entry and detainer.-A forcible entry and forcible detain. er is indictable at common law-3 Mo. 127; 4 Cush. 141; 8 Term Rep. 357; 3 Burr. 1731; and they are distinct offenses-8 Cowen, 226; 1 Hall, N. Y. 240; 4 Johns. 198; 1 Jones, (N. C.) 290; 1 Serg. & R. 124; 6 id. 252; 8 Gratt. 708. Indictment lies whenever the unlawful entry is made with force-3 Brev. 413; 2 Const. S. C. 489. The entry must have been made when the proprietor was in quiet possession of the property-8 Ired. 315; 3 Har. (Del.) 203; 1 Ashm. 140, and must be attended with force and intimidation-1 Áshm. 140; but title is immaterial-4 Conn. 79; 1 Dall. 68; 8 Cowen, 226; 1 IIall, 240; 4 Johns. 198; 13 Up. Can. Q. B. 521; 4 Man. & R. 471. Force is necessary, exceeding a bare trespass, and giving reasonable grounds for terror; 10 Ired. 39; 1 Ashm. 140; I Brewst. 509; 1 Har. (Del.) 520; 5 Binn. 277; 4 Ired. 305; 5 id. 452; 13 id. 348; 4 Jones, (N. C.) 315; 1 Me. 22; 5 Car. & P. 201; Ryan & M. 27. There must be a show of force, as with weapons or a multitude of people, so as to involve a breach of the peace-24 Barb. 16; 10 Ired. 38; 6 Baxt. (Tenn.) 496; 7 id. 10); 4 Jones, (N. C.) 316. In some States, a civil remedy is given by statute-10 Mass. 403; 3 Pick. 31; 9 Wend. 62; 8 Cowen, 226; 4Johns. 198; but it remains an indictable offense in those States

where the most summary civil remedies are given-5 Binn. 277; 1 Brev. 119; 2 Dev. 120; 3 Har. (Del.) 205; 3 Mass. 215; 1 Me. 22. See 13 Pa. St. 392; but see 2 Pars. Cas. 411. See Desty's Crim. Law, §§ 99 b, c; and see Civ. Code, §§ 1159-1175.

419. 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 unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor.

420. Repealed. [In effect February 7th, 1880.]

TITLE XII.

Of Crimes against the Revenue and Property of this State.

§ 424. Embezzlement and falsification of accounts by public officers. $425. Officers neglecting to pay over public moneys.

§ 426.

"Public moneys," as used in the preceding section, defined. § 427. Failure to pay over fines and forfeitures received, a mis de

meanor.

$428. Obstructing officer in collecting revenue.

§ 429. Refusing to give assessor list of property, or giving false name. § 430. Making false statements, not under oath, in reference to taxes. § 431. Delivering receipts for poll-taxes, other than prescribed by law, or collecting poll-taxes, etc., without giving the receipt prescribed by law.

§ 432. Having blank receipts for licenses, etc., other than those prescribed by law.

5433. Repealed.

§ 434. Refusing to give name of persons in employment, etc.

§ 435. Carrying on business without license.

§ 436. Unlawfully acting as auctioneer.

§ 437. Repealed.

$438. Repealed.

$439. Effecting insurance on account of foreign companies that have not complied with the laws of this State.

$440. Officer charged with collection, etc., of revenue, refusing to permit inspection of his books.

§ 441. Board of examiners, controller, and treasurer neglecting cer tain duties.

§ 442. Having State arms, etc.

§ 443. Selling State arms, etc.

424. Each officer of this State, or of any county, city, town, or district of this State, and every other person charged with the receipt, safe-keeping, transfer, or disbursement of public moneys, who either

1. Without authority of law, appropriates the same, or any portion thereof, to his own use, or to the use of another; or,

2. Loans the same, or any portion thereof; or, having the possession or control of any public money, makes a profit out of, or uses the same for any purpose not authorized by law; or

3. Fails to keep the same in his possession until disbursed or paid out by authority of law; or,

4. Unlawfully deposits the same, or any portion thereof, in any bank, or with any banker or other person; or,

5. Changes or converts any portion thereof from coin into currency, or from currency into coin or other currency, without authority of law; or,

6. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or,

7. Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or,

8. Willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order, or warrant drawn upon such moneys by competent authority; or,

9. Willfully omits to transfer the same, when such transfer is required by law; or,

10. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same;

-is punishable by imprisonment in the State prison for not less than one nor more than ten years, and is disqualified from holding any office in this State. [In effect April 16th, 1880.]

Fraud and breach of trust.-An office is a particular duty, charge, or trust; a right to exercise a public function-12 Ind. 569; 7 id. 157: 59 Ala. 73; and to commit any fraud or breach of trust affecting the public, is indictable-see 2 Whart. C. L. 8th ed. $ 1572 a. A corrupt motive is essential to constitute the offense-6 B. Mon. 171; 1 Leigh, 709; 15 Wend. 277; 2 Doug. 426; 1 Term. Rep. 653. The existence of a motive may be inferred from the nature of the act, or from the circumstances of the whole case-24 Minn. 158; 1 Salk. 380; 3 Doug. 327. They are liable for embezzlement of public funds-69 Me. 22; or the conversion of any portion of the public money intrusted to them-91 Ill. 330. A clerk of a court who fraudulently withholds money belonging to an estate is guilty of contempt-1 Blackf. 166. An indictment lies against

a public officer for the fraudulent conversion of public moneys, although he and his sureties are liable on their official bond-62 Me. 103. Subd. 5. In Georgia, a county treasurer, buying an order on the county for less than its par value, is indictable-47 Ga. 522.

Subd. 6. Officers are liable for a habitual neglect to account for small sums, and a gross neglect in keeping a counts is presumptive of guilty intent-6 B. Mon. 171; so, overseers of the poor are indictable for not accounting for moneys received for supplying the poor-see 54 Cal. 408; 2 Kerr, 543.

Subd. 10. Town tax collectors are public officers-62 Me. 106; and a de facto tax collector is punishable for embezzlement of money com ing into his hands by virtue of his office-69 Me.22; bat his failure to pay over the moneys to the proper autuority, although unexplained, Is not presumption of a felonious appropriation-54 Cal. 64. Reports of public moneys received apply to ministerial officers-2 Tex. Ct. App. 525. A selectman is a publle officer, and may be a receiver of public moneys-53 N. H. 610. See 62 Ill. 127.

425. Every officer charged with the receipt, safe-keeping, or disbursement of public moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of felony.

426. The phrase "public moneys," as used in the two preceding sections, includes all bonds and evidence of indebtedness, and all moneys belonging to the State, or any city, county, town, or district therein, and all moneys, bonds, and evidences of indebtedness received or held by State, county, district, city, or town officers in their official capacity.

427. If any clerk, justice of the peace, sheriff, or constable, who receives any fine or forfeiture, refuses or neglects to pay over the same according to law, and within thirty days after the receipt thereof, he is guilty of a misdemeanor.

See post, §§ 1457, 1570.

428. Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of this State are interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor.

429. Every person who unlawfully refuses, upon demand, to give to any county assessor a list of his property subject to taxation, or to swear to such list, or who gives