SECTION 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.

413. Persons present at prize fights.

414. Leaving the State to engage in prize fights.

415. Disturbing the peace in night time.

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 re

moved by legal proceedings.

ance of

public

403. Every person who, without authority of law, Disturbwillfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than such as is mentioned in Sections 59 and 302, is guilty of a misdemeanor.

NOTE. The assembly specified in Sec. 59 is a meeting of electors, held for the discussion of public questions, and that in Sec. 302 a religious meeting. This section includes funerals, and like lawful meetings, and corresponds with the N. Y. Penal Code, Sec. 473.

meetings,
other than
religious
or political.

defined.

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

NOTE.-Stats. 1855, p. 105; consult N. Y. P. C., Sec. 474; State vs. Conolly, 3 Rich., p. 337; State vs. Snow, 6 Shep., p. 346; Dougherty vs. People, 4 Scamm., p. 180; Rex vs. Langford, 1 Car. & M., p. 604; State vs. Cole, 2 McCord, p. 117; State vs. Brooks, 1 Hill, S. C., p. 361; State vs. Brazil, 1 Rice, p. 258; 4 Black. Com., p. 146; 4 Burns Just., Title "Riot:" Bouv. Law. Dict., id; 1 Hawk. P. C., Chap. 65, Sec. 1; Whart. Cr. L., p. 722; Chitty's Cr. L., p. 274; see common law definition, Bouv. Law. Dict., Title "Riot," where the distinction between the two will be apparent.

ishment of.

405. Every person who participates in any riot Riot, punis punishable by imprisonment in the County Jail not

"Rout" defined.

"Unlawful assembly" defined.

exceeding two years, or by fine not exceeding two thousand dollars, or both.

NOTE.-The punishment affixed to riot (Stats. 1855, p. 105, Sec. 3) was the same as that affixed to rout, though the former offense included and was an aggravation of the latter. The Code has 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 has affixed to the crime of rout the same punishment as heretofore prescribed by law. See Russ. on Crimes, p. 247; 4 Black. Com., p. 146; Roscoe Cr. Ev., Index.

406. (§ 116.) 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.

NOTE.-Stats. 1855, p. 105, Sec. 3. This corresponds with the common law definition, but the riot which would ensue, if the intended enterprise were carried into execution, is the riot defined in Sec. 404, ante, and not the common law riot. A rout is an unexecuted intended riot.-Russ. on Crimes, p. 253; 4 Blackst. Com., p. 140.

407. (§ 115.) 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.

NOTE.-Stats. 1855, p. 105, Sec. 3. See definition of Bouv. Law Dict., Title "Unlawful Assembly;" 4 Bl. Com., p. 140; Russ. on Cr., p. 254. Consult, upon the first branch of this section, 4 Bl. Comm., p. 147; Rex vs. Birt, 5 Carr. & P., p. 154; Rex vs. Heass, 2 Salk., p. 594. Upon the second, 1 Hawk. P. C., Chap. 65, Sec. 9; 1 Russ. Cr., p. 272; Whart. Cr. L., p. 722; Rex vs. Hunt, 1 Russ. C. & M., p. 254; 3 Cox Cr. Cas., p. 215; Reg. vs. Vincent, 9 Carr. & P., p. 91; Reg. vs. Neale, 9 Carr. & P., p. 431; Reg. vs. Soley, 11 Mod., p. 116; Gagarty vs. Queen, 3 Cox Cr. Cas., p. 306.

ment of

408. (§§ 115, 116.) Every person who participates Punishin any rout or unlawful assembly is guilty of a misde- rout and

meanor.

NOTE.-Stats. 1855, p. 105, Sec. 3.

unlawful assembly.

present at

place of warning to

riot, etc., after

409. Every person remaining present at the place Remaining 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.

disperse.

trates

neglecting

or refusing to disperse

410. If a magistrate or officer, having notice of Magisan unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, t 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.

NOTE.-Stats. 1861, p. 216, Sec. 43. The words "riotous" and "riotously," ex vi termini, imply violence.-2 Sess. Cas., p. 13; 2 Str., p. 834; Chit. Cr. Law, p. 489.

411. A person who, after the publication of the proclamation authorized by Section 732, 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.

NOTE.-Stats. 1851, p. 212, Sec. 50.

quence of

Conseresisting after a declared in

process

County has been

a state of

insurrec

tion.

fights.

412. (§ 44.) Every person who engages in, insti- Prize gates, 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 im

Persons present at

prisonment in the State Prison not exceeding two years.

413. (§ 44.) Every person willfully present as a prize fights. spectator at any fight or contention mentioned in the preceding section, is guilty of a misdemeanor.

Leaving

the State to engage in prize fights.

Disturbing the peace in night time.

Refusing to disperse

command.

NOTE.-Stats. 1851, p. 216.

414. Every person who leaves this State with intent to evade any of the provisions of the last two 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.

NOTE. This corresponds with Sec. 231, ante-leav ing the State to fight a duel-each being so framed that proof of any act in aid of a duel, or of a ring or prize fight, is sufficient to convict.

415. (§ 112.) Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family, or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarrelling, challenging to fight, or fighting, is punishable by fine not exceeding two hundred dollars, or by imprisonment in the County Jail not exceeding two months.

NOTE.-Stats. 1850, p. 243. See construction of term "maliciously," Sec. 7, Subd. 4, ante, and "willfully," id., Subd. 1.

416. (§ 113.) If two or more persons assemble for

upon lawful 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.

deadly

417. Every person who, not in necessary self-de- Exhibiting fense, in the presence of two or more persons, draws

weapon in manner,

rude, etc.,

or using the same

or exhibits any deadly weapon in a rude, angry, and threatening manner, or who, in any manner, unlaw- unlawfully. fully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

NOTE.-Stats. 1855, p. 268, Sec. 1.

entry and

418. Every person using or procuring, encouraging Forcible or assisting another to use, any force or violence in en- detainer. tering 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.

NOTE.-See "Forcible Entry and Detainer," Code

Civil Procedure, Secs. 1159–1175, and notes.

to take

of lands

after being by legal

removed

419. Every person who has been removed from Returning any lands by process of law, or who has removed from possession 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.

NOTE. This section is founded upon and to carry out the spirit of an Act for the punishment of contempts and trespass (Stats. 1862, p. 115), and is similar to N. Y. Pol. Code, Sec. 493.

proceedings.

TITLE XJI.

OF CRIMES AGAINST THE REVENUE AND PROPERTY
OF THIS STATE.

SECTION 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

misdemeanor.

428. Obstructing officer in collecting revenue.