misdemeanor; and if loss of life or limb results from such placing or running, is guilty of felony. The term "freight car," as used in this section, does not include a baggage, express, or mail car.

393. Every engineer, conductor, brakeman, switchtender, or other officer, agent, or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent, or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misde

meanor.

394. Every person who willfully exposes himself or another afflicted with any contagious or infectious disease, in any public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, is guilty of a misdemeanor.

395. Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor.

396. Every person driving any conveyance drawn by horses, upon any public road or way, who causes or suffers his horses to run, with intent to pass another conveyance, or to prevent such other from passing his own, is guilty of a misdemeanor.

397. Every person who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any habitual or common drunkard, or Indian, is guilty of a misdemeanor. [Approved March 26th, 1874; in effect sixty days after passage.]

See Act of 1872, Sale of Liquors to Minors, Appendix, p. 716.

398. Every person who sells or furnishes to any Indian any fire-arm, or ammunition therefor, is guilty of a misdemeanor.

399. If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony.

400. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony. [Approved March 30th, in effect July 1st, 1874.]

400. 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. [Approved February 4th, 1874.]

400. 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, shall be guilty of a misdemeanor. [In effect April 16th, 1880.]

401. 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 provision of this section shall be guilty of a misdemeanor. [In effect April 16th, 1880.]

401. Every person who adulterates candy, by using in its manufacture terra alba, or any other deleterious substance or substances, or who sells or keeps for sale any candy or candies adulterated with terra alba, or any other deleterious substance or substances, is guilty of a misdemeanor. [In effect March 16th, 1878.]

TITLE XI.

Of Crimes against the Public Peace.

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

§ 408. Punishment of rout and unlawful assembly.

§ 403. 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.

§ 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 removed by legal proceedings.

§ 420. Inciting riot. [Repealed.]

403. 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 meetings.-A disturbance of any public meeting is, at common law, indictable-33 Barb. 548; 2 Grant Cas. 406; 58 Ind. 68; 53 Me. 125; 2 McCord, 117; 3 Tex. Ct. App. 116; as a town meeting-16 Mass. 385; or a meeting of school directors-59 Pa. St. 266. To molest and disturb have a well-defined meaning-53 Ala. 398. The natural tendency of the act must be to disturb the assemblage-28 Ind. 364; Smith (Ind.) 408; and the disturbance must be willful and designed1 Gray, 450. A man may hiss an actor on the stage-5 Tex. Ct. App. 116; 1 Craw. & D. 156; but not for the purpose of ruining the play or the actor-2 Camp. 358.

404. 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.

Riot.-Riot is a tumultuous disturbance of the peace by persons assembled of their own authority, with intent of putting their designs into execution in a violent manner, whether the object be lawful or unlawful-5 Blackf. 365; Addis. 190; 1 Hill, (S. C.) 361; 5 Ill. 180; 61 id. 167; 4 Ind. 589; 10 id. 459; 42 id. 273; 10 Mass. 518; 2 McCord, 117; 45 N. H. 83; 3 Rich. 337; Rice, 258. There must be force or violence, or acts tending thereto, and calculated to strike terror into the people-10 Mass. 518; 11 Ind. 234; 33 Me. 554; 2 Ld. Raym. 1210; 4 Car. & P. 373; and if one person be alarmed it is sufficient-Addis. 277; 1 Spear, 13; 7 Rich. 5. It is enough if the action of the parties be so violent and tumultuous as to be likely to cause fright, and if individuals are frightened-7 Rich. 5; 1 Spear, 13; by threatening language or other misbehavior-72 N. C. 25; 13 Rich. 93; and an attempt to commit an act of violence-70 N. C. 66; but personal violence need not be committed -2 Camp. 369; and the act done or attempted must be unlawful-14 Mo. 147; as disturbing a meeting lawfully held-1 Gray, 476. Even a lawful act may be done in such a violent and tumultuous manner as to constitute a riot-42 Ind. 273; 70 N. C. 66; 51 Ill. 286; see 18 Me. 346; 6 Yerg. 535; 1 Hill, (S. C.) 362; 14 Mo. 147; as removing a nuisance-5 Ill. 179; 13 Rich. 93; or raising a liberty pole-Addis. 274.

The assemblage.-The assemblage must be unlawful-1 Ired. 30; yet an innocent assembly may become riotous by subsequent riotous acts -2 McCord, 117; 18 Me. 346; 42 Ind. 273; 51 Ill. 286; 70 N. C. 66; and persons intending only a frolic, may so change their course as to commit a riot-7 Rich. 5; as misbehaving at a dance-13 Ind. 260; or disorderly behavior at a town-meeting-16 Mass. 385; so a charivari-4 Ind. 114; by making noises, etc., in the night-time-id.; or going through the streets crying" fire," blowing horns, etc., or kicking a foot-ball in a noisy and tumultuous manner, to the terror of the people-Rice, 257. In North Carolina, where the assemblage is lawful, subsequent illegal acts of the members will not make them rioters-1 Ired. 30.

Numbers engaged.-At common law three or more persons must concur to constitute the offense-4 Blackf. 72; 9 Ind. 565; 10 id. 459; 11 id. 287; 6 Blackf. 37; 22 Ga. 478; 30 id. 27; 3 Yerg. 428; 3 Rich. 337; 2 Spear, 599; 1 Ashm. 46; 1 Bay, 358; 2 McCord, 462; Salk. 593; Holt, 636; 3 Burr, 1262; 1 Ld. Raym. 484; 9 Car. & P. 91; see 42 Ind. 273; 51 Ga. 374. A riot may be committed where only two persons are actively engaged, if a third person is present aiding and abetting them-33 Me. 554; 30 Ga. 77. Contra, 1 Morris, 142. The disturbance of the public peace must be in the execution of some private object-3 Spear, 599; 3 Rich. 337; 23 Law Reporter, 705.

405. 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.

Liability of parties.-Riot at common law is a misdemeanor, punish. able by fine and imprisonment-6 Car. & P. 81. All who encourage, incite, promote, or take part in it, whether by words, signs, or ges tures, are principals-55 Barb. 606; 33 Me. 496; 33 id. 554; 11 Met. 66; 9 Mo. 268; 22 Vt. 32; Addis. 277; 9 Car. & P. 437; but mere presence alone PEN. CODE-15.

will not render one liable-11 Cox C. C. 330. A person who commences a riot, but abandons it before it is finished, is liable for the whole-13 Rich. 93; 3 Cox C. C. 288. Women may be guilty of the offense-2 Ld. Raym. 1284; and a minor may be convicted of this offense-1 Arch. C. Pr. 13; but an infant under the age of discretion cannot-2 Ld. Raym. 1284.

406. 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.

Rout. A disturbance of the peace by persons assembling with intent to do a riotous act, and actually moving toward its execution, is a rout-2 Whart. Cr. L. 8th ed. § 1536; 1 Russ. Cr. 9th ed. 378. At common law at least three persons are necessary to constitute the offense-1 Hawk. P. C. ch. 65, § 1. Where the requisite number of persons meet, stake money, and purpose to engage in a prize-fight, it is a rout-2 Spear, 599; and all present aiding and encouraging are equally guilty16 Mass. 389; 1 Root, 275; 3 Mon. 216.

407. 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.

Unlawful assembly.-At common law it is an assemblage of three or more persons with intent to do that which if done would make them rioters, but making no motion toward doing the act-18 Me. 346; 2 McCord, 117; 3 Barn. & Ald. 566; 4 Car. & P. 373; 5 id. 154; 9 id. 431; 6 Up. Can. C. P. 372; as an assembly to witness a prize-fight-2 Car. & P. 234; 4 id. 537, or an assemblage met to go night-poaching-6 Car. & P. 571. To constitute the offense no overt act of violence is necessary-5 Up. Can. C. P. 372. Persons lawfully assembled may become an unlawful assembly if their conduct becomes such as would have made them an unlawful assembly at the outset-18 Me. 346; 2 McCord, 117; 1 Hill, S. C. 362; 6 Yerg. 525; 4 Pa. L. J. 33; and see 14 Mo. 147; 3 Stark. 79; 9 Car. & P. 91.

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

Liability of parties.-All present aiding are equally guilty-16 Mass. 389; 1 Root, 275; 3 Mon. 216.

409. 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.

410. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this chapter,