TITLE XI.

Crimes against the Public Peace.

§ 403. Disturbance of public meetings, other than religious or polit

$ 404.

ical.

"Riot" defined.

$407. "Unlawful assembly" defined.

$408. Punishment of rout and unlawful assembly.

$409. Remaining present at place of riot, etc., after warning to disperse.

§ 410. Magistrates neglecting or refusing to disperse rioters.

$ 411. Consequence of resisting process after a county has been declared in a state of insurrection.

§ 412. Prize-fights prohibited.

§ 413. Persons present at prize-fights.

$4134. Sparring exhibitions on Memorial Day or Sundays prohibited. § 414. Leaving the state to engage in prize-fights.

§ 414a. Privilege of witness testifying.

§ 416.

Refusing to disperse upon lawful command.

§ 417.

Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully.

$418. Forcible entry and detainer.

§ 419.

Returning to take possession of lands after being removed by legal proceedings.

§ 420. Proventing person from entering upon public lands.

§ 421.

National guard, discrimination against members of.

§ 403. Disturbance of public meetings, other than religious or political. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than such as is mentioned in sections fifty-nine and three hundred and two, is guilty of a misdemeanor.

Disturbing a public meeting: See ante, § 58.

Legislation § 403. Enacted February 14, 1872; based on Field's Draft, § 473, N. Y. Pen. Code, §§ 274, 275. The code commissioners say: "The assembly specified in § 59 [the original code section of this number] is a meeting of electors held for the discussion of public questions, and in § 302, a religious meeting."

§ 404. "Riot" defined. Any use of force or violence, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.

Unlawful assembly: See post, § 407.

Legislation § 404. Enacted February 14, 1872; based on Field's Draft, § 474, N. Y. Pen. Code, § 449; Crimes and Punishment Act, 116, as amended by Stats. 1855, p. 105, § 3.

§ 405. Riot, punishment of. Every person who participates in any riot is punishable by imprisonment in the county jail not exceeding two years, or by fine not exceeding two thousand dollars, or both.

Legislation § 405. Enacted February 14, 1872. (N. Y. Pen. Code, $ 450.) The code commissioners say: "The punishment affixed to riot (Stats. 1855, p. 105, § 3), was the same as that affixed to roût, though the former offense included and was an aggravation of the latter. The commissioners have increased the maximum of the term from six months to two years, and the maximum of the fine from five hundred dollars to two thousand dollars, and have affixed to the crime of rout the same punishment as prescribed by existing laws."

§ 406. "Rout" defined. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout.

Legislation § 406. Enacted February 14, 1872; based on Crimes and Punishment Act, § 116, as amended by Stats. 1855, p. 106, § 3. The code commissioners say: "This corresponds with the commonlaw definition, but the riot which would ensue if the intended enterprise were carried into execution, is the riot defined in § 404, ante, and not the common-law riot," and cite Russell on Crimes, p. 253, and 4 Bl. Com., p. 140. See ante, Legislation § 405, code commissioners' note.

§ 407. "Unlawful assembly" defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.

Legislation § 407. Enacted February 14, 1872 (Field's Draft, § 477, N. Y. Pen. Code, §§ 451, 456); based on Crimes and Punishment Act, § 115, as amended by Stats. 1855, p. 106, § 3.

§ 408. Punishment of rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.

Legislation § 408. Enacted February 14, 1872; identical with Field's Draft, § 479; based on Crimes and Punishment Act. §§ 115, 116, as amended by Stats. 1855, p. 106, § 3. See ante, Legislation §§ 405-407.

§ 409. Remaining present at place of riot, etc., after warning to disperse. 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.

Legislation § 409. Enacted February 14, 1872; identical with Field's Draft, § 481, N. Y. Pen. Code, §§ 454, 455.

ers.

§ 410. Magistrates neglecting or refusing to disperse riotIf a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.

Legislation § 410. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 216, § 43.

§ 411. Consequence of resisting process after a county has been declared in a state of insurrection. A person who, after the publication of the proclamation authorized by section seven hundred and thirty-two, resists or aids in resisting the execution of process in any county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to quell or suppress an insurrection, is punishable by imprisonment in the state prison not less than two years.

Resisting public officer: See ante, § 148.

Legislation § 411. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 217, § 50.

§ 412. Prize-fights prohibited. Any person, who, within this state, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, taking or to take place either within or without this state, between two or more persons, with or without gloves, for any price, reward or compensation, directly or indirectly, or who goes into training preparatory to such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as aider, abettor, backer, umpire, referee, trainer, second, surgeon, or assistant, at such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who sends or publishes a challenge or acceptance of a challenge, or who knowingly carries or delivers such challenge or acceptance, or who gives or takes or receives any tickets. tokens, prize, money, or thing of value, from any person or persons, for the purpose of seeing or witnessing any such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who, being the owner, lessee, agent, or occupant of any vessel, building, hotel, room, enclosure or ground, or any part thereof, whether for gain, hire, reward or gratuitously or otherwise, permits the same to be used or occupied for such a pugilistic contest, or fight, or

ring or prize-fight, or sparring or boxing exhibition, or who lays, makes, offers or accepts, a bet or bets, or wager or wagers, upon the result or any feature of any pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as stakeholder of any such bet or bets, or wager or wagers, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and be imprisoned in the county jail not less than thirty days nor exceeding one year; provided, however, that amateur boxing exhibitions may be held within this state, of a limited number of rounds, not exceeding four of the duration of three minutes each; the interval between each round shall be one minute, and the contestants weighing one hundred and forty-five pounds or over shall wear gloves of not less than eight ounces each in weight, and contestants weighing under one hundred and forty-five pounds may wear gloves of not less than six ounces each in weight. All gloves used by contestants in such amateur boxing exhibitions shall be so constructed, as that the soft padding between the outside coverings shall be evenly distributed over the back of said gloves and cover the knuckles and back of the hands. And no bandages of any kind shall be used on the hands or arms of the contestants. For the purpose of this statute an amateur boxing exhibition shall be and is hereby defined as one in which no contestant has received or shall receive in any form, directly or indirectly, any money, prize, reward or compensation either for the expenses of training for such contest or for taking part therein, except as herein expressly provided. Nor shall any person appear as contestant in such amateur exhibition who prior thereto has received any compensation or reward in any form for displaying, exercising or giving any example of his skill in or knowledge of athletic exercises, or for rendering services of any kind to any athletic organization or to any person or persons as trainer, coach, instructor or otherwise, or who shall have been employed in any manner professionally by reason of his athletic skill or knowledge; provided, however, that a medal or trophy may be awarded to each contestant in such amateur boxing exhibitions, not to exceed in value the sum of $35.00 each, which such medal or trophy must have engraved thereon the name of the winner and the date of the event; but no portion of any admission fee or fees charged or received for any amateur boxing exhibition shall be paid or given to any contestant in such amateur boxing exhibition, either directly or indirectly, nor shall

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any gift be given to or received by such contestants for participating in such boxing exhibition, except said medal or trophy. At every amateur boxing exhibition held in this state and permitted by this section of the Penal Code, any sheriff, constable, marshal, policeman or other peace officer of the city, county or other political subdivision, where such exhibition is being held, shall have the right to, and it is hereby declared to be his duty to stop such exhibition, whenever it shall appear to him that the contestants are so unevenly matched or for any other reason, the said contestants have been, or either of them, has been seriously injured or there is danger that said contestants, or either of them, will be seriously injured if such contest continues, and he may call to his assistance in enforcing his order to stop said exhibition, as many peace officers or male citizens of the state as may be necessary for that purpose. Provided, further, that any contestant who shall continue to participate in such exhibition after an order to stop such exhibition shall have been given by such peace officer, or who shall violate any of the regulations herein prescribed, for governing amateur boxing exhibitions, shall be deemed guilty of violating this section of the Penal Code and subject to the punishment herein provided.

Nothing in this section contained shall be construed to prevent any county, city and county, or incorporated city or town from prohibiting, by ordinance, the holding or conducting of any boxing exhibition, or any person from engaging in any such boxing exhibition therein. [Amendment approved 1915; Stats. 1915, p. 1930.]

Act to prohibit prize-fighting (Stats. 1893, p. 101) was superseded by this section.

Legislation § 412. 1. Enacted February 14, 1872 (N. Y. Pen. Code, § 458); based on Crimes and Punishment Act, Stats. 1850, p. 233, § 44, which read: "§ 44. If any persons shall, without deadly weapons, upon previous concert and agreement, upon any wager, or for money or any other reward, fight one with another, upon conviction thereof, they or either or any of them, and all persons present aiding and abetting, shall be punished by imprisonment in the state prison for a term not exceeding two years. Should death ensue to any person in such fight, the person or persons causing such death shall be punished by imprisonment in the state prison for a term not more than ten nor less than three years." When enacted in 1872, § 412 read: "412. Every person who engages in, instigates, encourages, or promotes any ring or prize fight, or any other premeditated fight or contention (without deadly weapons), either as principal, aid, second, umpire, surgeon, or otherwise, is punishable by imprisonment in the state prison not exceeding two years."

2. Amended by Stats. 1899, p. 153, and differed from the amendment of 1903, post, having (1) no section number (probably a typographical error); "A" instead "Any" as the initial word of the section; (3) "acceptance of a challenge" instead of "acceptance