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in the same situation, is guilty of a felony. En. February 14, 1872.

§ 400. Exhibiting deformities of person. Every person exhibiting the deformities of another, or his own deformities, for hire, is guilty of a misdemeanor; and every person who shall, by any artificial means give to any person the appearance of a deformity, and shall exhibit such person for hire, shall be guilty of a misdemeanor. En. Stats. 1873-4, 462.

§ 400. Aiding or encouraging suicide a felony. En. 1873-4, 433; amended and re-enacted as § 401; Stats. 1905, 770.

400. 401. There being two sections numbered 400 and 401, the one relating to the encouragement of suicide has been numbered 401.Code Commissioner's Note.

§ 401. Aiding in suicide. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony. As § 400 En. Stats. 1873-4, 433. Renumbered and amended 1905, 770.

See note to § 400, ante.

There were formerly two sections numbered 401, one passed in 1880, and one in 1878. They were renumbered in 1891 as numbers 402 and 4022. En. Stats. 1877-8, 116, 1880, 41. Am'd. 1891, 27.

8 401a. Cubic feet of space in rooms. Every person who owns, leases, lets, or hires to any person any room in any building, house, or other structure within the limits of any incorporated city, or city and county, for the purpose of a lodging or sleeping apartment, which room or apartment contains less than five hundred cubic feet of space in the clear for each person occupying such room or apartment, and every person found sleeping or lodging in, or who hires or uses for the purpose of sleeping or lodging in any room or apartment which contains less than five hundred cubic feet of space in the clear for each person so occupying such room or apartment, is guilty of a misdemeanor. En. Stats. 1905,

770.

This is a codification of the statute of 1875-6, page 759, concerning lodging-houses and sleeping apartments.-Code Commissioner's Note.

§ 402. Using or exposing animal with glanders. Any person who shall knowingly sell, or offer for sale, or use,

or expose, or who shall cause or procure to be sold or offered for sale, or used, or exposed any horse, mule, or other animal having the disease known as glanders or farcy, or who shall bring, or cause to be brought, or aid in bringing into this state any sheep, hog, horse, or cattle, or any domestic animal, knowing the same to be affected with any contagious or infectious disease, shall be guilty of a misdemeanor. En. as 400 in Stats. 1880, 41. Am'd. 1889, 353; 1891, 26.

This section was originally number four hundred, but was renumbered when the above amendment was adopted. Act to prevent spread of contagious diseases among animals: See post, Appendix, title Animals.

§ 4021⁄4. Adulterating candy. En. 1877-8, 116, as § 401, amended and renumbered as 4024 by act of 1891, 27. Amended and renumbered as § 402a by amendment 1905, 771. See post, 402a.

This section was originally number four hundred and one, but was renumbered when the amendment of 1891 was adopted.

§ 4022. Animal having glanders to be 1880, 41, as § 401; amended and renumbered 27. Renumbered as § 402b, Stats. 1905, 771. 402b.

killed. En. 4022, 1891, See post, §

This section was originally number four hundred and one, but was renumbered when the amendment of 1891 was adopted.

8 40234. Unsafe scaffolding, penalty for erecting. En. Stats. 1903, 216. Amended and renumbered 402c, 1905, 771. See post, § 402c.

§ 402a. Adulteration of .candies. Every person who adulterates candy by using in its manufacture terra alba or other deleterious substances, or who sells or keeps for sale any candy or candies adulterated with terra alba, or any other deleterious substance, knowing the same to be adulterated, is guilty of a misdemeanor. En. Stats. 1877-8, 116, as section 401. Am'd. 1891, 27; 1905, 771.

402a

(402). Section 4024 for purposes of convenience is renumbered 402a.-Code Commissioner's Note.

§ 402b. Diseased animal to be killed. Every animal having glanders or farcy shall at once be deprived of life by the

owner or person having charge thereof, upon discovery or knowledge of its condition; and any such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. En. Stats. 1880,

41, as section 401. Am'd. 1891, 27; 1905, 771.

This is a codification of the statute of 1893, page 302.-Code Commissioner's Note.

§ 402c. Unsafe scaffolding, ladders, etc. Any person or corporation employing or directing another to do or perform any labor in the construction, alteration, repairing, painting or cleaning of any house, building or structure within this state, who knowingly or negligently furnishes or erects or causes to be furnished or erected for the performance of such labor, unsafe or improper scaffolding, slings, hangers, blocks, pulleys, stays, braces, ladders, irons, ropes or other mechanical contrivances, or who hinders or obstructs any officer attempting to inspect the same under the provisions of "An act to amend an act entitled 'An act to establish and support a bureau of labor statistics, approved March 3, 1883,' approved February 20, 1901,' who destroys, defaces or removes any notice posted thereon by such officer or permits the use thereof, after the same has been declared unsafe by such officer, contrary to the provisions of said section twelve of said act, shall be guilty of a misdemeanor. En. Stats. 1903, 216, as section 4024. Amended and renumbered 1905, 771.

402c (402%). The change consists in the renumbering of section 402 to 402c.-Code Commissioner's Note.

or

§ 402d. Animals affected with contagious diseases to be kept within inclosure. Any person owning or having possession or control of any animal affected by any contagious or infectious disease, who fails to keep the same within an inclosure, or herd the same in some place where it is secure from contact with other animals of like kind not so affected, or who suffers such infected animal to be driven on the public highway or to range where it is likely to come in contact with other animals not so affected, is guilty of a misdemeanor, and punishable by a fine of not more than five hundred dollars for each offense. En. Stats. 1905, 771.

This is a codification of the statute of 1893, page 302.-Code Commissioner's Note.

TITLE XI.

OF CRIMES AGAINST THE PUBLIC PEACE.

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

§ 404.

cal.

"Riot' defined.

§ 405. Riot, punishment of.

406. "Rout" defined.

407. "Unlawful assembly" defined.

408. Punishment of rout and unlawful assembly.

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

perse.

§ 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.

8417. Exhibiting deadly weapon in rude, etc., manner, or using the

§ 418.

419.

same unlawfully.

Forcible entry and detainer.

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

§ 420. Inciting riot. (Repealed.)

§ 420. Preventing 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. En. February 14, 1872. Section 59 refers to meetings of electors. Section 302 refers to religious meetings.

§ 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. En. February 14, 1872. Cal. Rep. Cit.

67,

418.

Unlawful assembly: See sec. 407.

§ 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. En. February 14, 1872.

§ 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. En. February 14, 1872.

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. En. February 14,

1872.

assembly.

§ 408. Punishment of rout and unlawful Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. En. February 14,

1872.

§ 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. En. February 14, 1872.

§ 410. Magistrates neglecting or refusing to disperse rioters. If 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. En. February 14, 1872.

§ 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. En. February 14, 1872.

See ante, sec. 148; post, sec. 731.

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