or

common or unlawful intent, or in any unlawful manner; that the object of the meeting, or the act done or intended, should of itself be unlawful. The tumult and violence tending to excite terror, characterize the offense, though the persons may have assembled in a lawful manner, and though the object. of the meeting, if legally pursued, or the act done or intended, if performed in a proper manner, would be lawful.

$378. Persons present at a riot or unlawful assembly, and promoting the same, or aiding, abetting, encouraging or countenancing the parties concerned therein by words, signs, acts or otherwise, are themselves parties thereto and principals therein.

$379. In case of an unlawful assembly being by proclamation or otherwise ordered to disperse by any one having legal authority to disperse the same, any one voluntarily remaining in the assembly after notice of such order, except for keeping the peace, is thereby a party concerned in such unlawful assembly.

$380. Every person present in an unlawful assembly is presumed to have notice of an order given by lawful authority in lawful manner for the same to disperse.

$381. Whoever is guilty of a riot or unlawful assembly, having for its object the destruction or injury of any house, building, bridge, wharf, or other erection or structure; or the destruction or injury of any ship or vessel, or the furniture, apparel or cargo thereof, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding five hundred dollars; and shall also be answerable to any person injured to the full amount of his damage.

$382. Whoever is guilty of being a party concerned in a riot or unlawful assembly endangering the life, limb, health or liberty of any person, or in any other riot or unlawful assembly not of the description designated in the above section, shall be

punished by imprisonment at hard labor not more than five years, or by fine not exceeding one thousand dollars.

$383. In case of any riot or unlawful assembly in any town, village or district, it shall be the duty of the Governor, if any be resident there, and of every District Magistrate there resident, and also of the Marshal, Sheriff of the Island, and his deputies, and of the Prefect of Police for said town, village or district to to go among the persons so assembled, or as near to them as may be with safety, and in the name of the Republic to command all the persons so assembled immediately and peaceably to disperse; and if the persons shall not thereupon so disperse, it shall be the duty of each of said officers to command the assistance of all persons present, in seizing, arresting and securing in custody the persons so unlawfully assembled, so that they may be proceeded with for their offense according to law.

$384. If any persons riotously or unlawfully assembled, who have been commanded to disperse by the Governor, Marshal, Sheriff, Deputy Sheriff, Prefect of Police, or District Magistrate, shall refuse or neglect to disperse without unnecessary delay, any two of such officers may require the aid of a sufficient number of persons in arms, or otherwise, as may be necessary, and shall proceed in such manner as in their judgment shall be expedient forthwith to disperse and suppress such unlawful, riotous, or tumultuous assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law.

$385. Whenever an armed force shall be called out for the purpose of suppressing any tumult or riot or unlawful assembly, or to disperse any body of riotous men, such armed force shall obey such orders for suppressing the riot or tumult or for dispersing and arresting the persons who are committing any of the said offenses, as they may receive from the Governor, Marshal, Sheriff of the Island, or Prefect of Police, and also such

further orders as they may receive after they shall arrive at the place of such unlawful, riotous or tumultuous assembly, as may be given by any two of the Magistrates or officers mentioned in the preceding section.

$386. If by reason of the efforts made by any two or more of said Magistrates or officers, or by their direction, to disperse such unlawful, riotous or tumultuous assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or any other person then present, as spectators or otherwise, shall be killed or wounded, the said Magistrates and officers and all persons acting by their order. or under their direction shall be held guiltless and justified by law, and if any of said Magistrates or officers, or any person acting under their authority or by their direction shall be killed or wounded, all the persons so at the time unlawfully, riotously or tumultuously assembled, and all other persons who, when commanded or required, shall have refused to aid and assist the said Magistrate or officers, shall be held answerable therefor.

NOTE TO CHAPTER 38.

§§373-386 are P. C. Ch. 38, unaltered.

CHAPTER 39.

GAMBLING.

$387. Every person who contrives, prepares, sets up, draws, maintains or conducts, or assists in maintaining or conducting any lottery is guilty of a misdemeanor.

$388. A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property, or a portion of it, or for any share or any interest in such property upon any agreement, understanding or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, che fa, pakapio, gift enterprise or by whatever name the same may be known.

$389. Every person who sells or buys, gives or receives, has in possession or in any manner whatever deals with any ticket, chance, share or interest, or any paper, certificate or instrument purporting or understood to be or to represent any ticket, chance, share or interest in or depending upon the event of any lottery, is guilty of a misdemeanor.

$390. All moneys or property offered for sale or distribution in violation of any of the provisions of Sections 387 to 398 are forfeited to the Government and may be recovered by information filed or by action brought by the Attorney-General or his authorized representative.

$391. Every person who deals, plays, or carries on, opens or causes to be opened, or who conducts either as owner or

employee, whether for hire or not, any game of faro, monte, roulette, tan, fan tan, or any banking or percentage game played with cards, dice or any devices for money, checks, credit or any representative of value or any other game in which money or anything of value is lost or won, and every person who plays or bets at or against any of said prohibited game or games, and every person present where such game or games are being played or carried on, is guilty of a misdemeanor.

$392. Every person who by the game of "three card monte," "shell game" or any other game, device, sleight of hand, pretention to fortune telling, trick or other means whatever by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently obtains from another person money or anything of value is guilty of a misdemeanor.

$393. Every person duly summoned as a witness for the prosecution on any proceeding had under Sections 387 to 398 who neglects or refuses to attend as required is guilty of a misdemeanor.

$394. No person otherwise competent as a witness is disqualified from testifying as such concerning any, offense committed under Sections 387 to 398 on the grounds that such testimony might criminate himself, but no prosecution can afterwards be had against him for any such offense concerning which he has testified.

$395. Every person who lets or permits to be used any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, chance, share or interest in or depending upon the event of any lottery or who knowingly permits any game or games prohibited by Sections 387 to 398 to be played, conducted or dealt in any

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