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chosen or appointed as an arbitrator, umpire or referee, or if any court commissioner takes any money or other thing to give his verdict, award or report, or receives any gift or gratuity whatever from a party to any action or proceeding for the trial or decision of which such juror has been summoned, or for the hearing or determining of which such court commissioner, arbitrator, umpire or referee has been chosen or appointed, he shall be punished by imprisonment in the state prison not more than three years, nor less than one year, or by fine not exceeding six hundred dollars, nor less than two hundred dollars.

§ 11. Aiding prisoners to escape from jail, etc.-rescues. Whoever conveys into any jail, house of correction, house of reformation, or other like place of confinement, any disguise, or any instrument, tool, weapon, or other thing, adapted or useful to aid any prisoner to make his escape, with intent to facilitate the escape of any prisoner there lawfully committed or detained, or by any means whatever aids or assists any such prisoner in his endeavor to escape therefrom, whether such escape is attempted or effected or not, and every person who forcibly rescues any prisoner held in custody upon any conviction or charge of an offence, shall be punished by imprisonment in the state prison not more than four years, nor less than two years, or, if the person whose escape or rescue was effected or intended was charged with an offence not capital, nor punishable by imprisonment in the state prison, then the punishment for the offence mentioned in this section shall be by imprisonment in the county jail not more than one year, or by fine not exceeding two hundred dollars.

§ 12. Aiding prisoner to escape from officer. Whoever aids or assists any prisoner in escaping, or in attempting to escape, from any officer or person who has the lawful custody of such prisoner, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

§ 13. Permitting prisoner to escape. If any jailor or other officer voluntarily suffers any prisoner in his custody upon conviction of any criminal charge to escape, he shall suffer, unless the prisoner was charged with or convicted of a capital offence, the like punishment and penalties as the prisoner so suffered to escape was sentenced to, or would be liable to suffer upon conviction for the crime or offence wherewith he stood charged; and if the prisoner was charged with or convicted of a capital offence, he shall be punished by imprisonment in the state prison not more than thirty years, nor less than five years.

$ 14. Negligent escape-refusal to receive prisoner. If any jailor or other officer, through negligence, suffers any prisoner in his custody upon conviction or upon any criminal charge, to escape, or wilfully refuses to receive into his custody any prisoner lawfully committed thereto on any criminal charge or conviction, or on any lawful process whatever, he shall be punished by imprisonment in the county jail not more than two years, or by fine not exceeding three hundred dollars.

§ 15. Refusal to arrest, etc. If any officer, authorized to serve process, wilfully and corruptly refuses to execute any lawful process to him directed, and requiring him to apprehend or confine any person convicted or charged with an offence, or wilfully and corruptly omits or delays to execute such process, whereby such person escapes and goes at large, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars.

§ 16. Refusing to aid officer. Whoever, being required by any sheriff, deputy-sheriff, coroner or constable, neglects or refuses to assist them in the execution of their office, in any criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in any case of escape or rescue of persons arrested upon civil process, he shall be punished by fine not exceeding one hundred dollars.

§17. Refusing to arrest upon order of justice. If any justice of the peace, upon view of any breach of the peace, or any other offence proper for his cognizance, requires any person to apprehend and bring before him the offender, every person so required, who refuses or neglects to obey such justice, shall be punished in the same manner as is provided in the preceding section for refusing assistance to a sheriff.

§ 18. Falsely assuming to be a justice of the peace, etc. Whoever falsely assumes or pretends to be a justice of the peace, sheriff, deputy-sheriff, coroner or constable, and takes upon himself to act as such, to require any person to aid or assist him in any matter pertaining to the duty of a justice of the peace, sheriff, deputy-sheriff, coroner or constable, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding two hundred dollars.

§ 19. Disguising, to obstruct execution of the law. Whoever in any manner disguises himself with intent to obstruct the due execution of the law, or with intent to intimidate, hinder or interrupt any officer or any other person in the legal performance of his duty, or the exercise of his rights under the laws of this state, whether such intent is effectual or not, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding one hundred dollars.

§ 20. Compounding or concealing offences. Whoever takes any money, or gratuity, or reward, or an engagement therefor, upon any agreement or understanding, express or implied, to compound or conceal the commission of any offence, or not to prosecute therefor, or not give evidence thereof, shall, where such offence was punishable with death, be punished by imprisonment in the state prison not more than three years; and, where the offence was punishable in any other manner, shall be punished by imprisonment in the state prison not exceeding one year, or in the county jail not more than six months, or by fine not exceeding one hundred dollars.

§ 21. Sheriff, etc., taking bribe to neglect duty. If any sheriff, constable, or other officer authorized to serve legal process, receives from a defendant, or any other person, any money or other valuable thing, as a consideration, reward or inducement for delaying or omitting to arrest any defendant, or to carry him before a magistrate, or for delaying to take any person to prison, or for postponing the sale of any property under an execution, or for omitting or delaying to perform any duty pertaining to his office, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

SECTION.

CHAPTER XCVIII.
OFFENCES AGAINST THE PUBLIC PEACE.

SECTION.

1-6. Unlawful assemblies-how dispersed-per-
sons present to assist magistrates in mak-
ing arrests-penalty for refusal-neglect of
officers to exercise authority-officers may 8-10.
use force, etc.-armed force to obey civil
officers.

6-7. Officers, etc., not liable for death of rioters

liability of rioters where person is killed or wounded-where buildings, etc., are destroyed.

Charivaris, etc.-form of complaint, etc.fighting in public places-disturbing schools, meetings, etc.

§1. Unlawful assemblies, how dispersed. If any persons, to the number of twelve or more, any of whom being armed with any dangerous weapons, or if any persons to the number of thirty or more, whether armed or not, are unlawfully, riotously or tumultuously assembled in any city, town or county, it shall be the duty of the mayor and each of the aldermen of such city, and of the president and each of the trustees of such town, and of every justice of the peace living in such city or town, and of the sheriff of the county and his deputies, and also of every constable and coroner living in such city or town, to go among the persons so assembled, or as near them as may be with safety, and, in the name of the state of Minnesota, to command all the persons so assembled immediately and peaceably to disperse; and if the persons so assembled shall not thereupon immediately and peaceably disperse, it shall be the duty of each of the magistrates and officers to command the assistance of all persons there present in seizing, arresting, and securing in custody the persons so unlawfully assembled, so that they may be proceeded with according to law.

§ 2. Same persons refusing to assist, etc. Whoever, being present and commanded, by any of the magistrates or officers mentioned in the preceding section, to aid or assist in seizing and securing such rioters or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, shall be deemed to be one of the rioters or persons unlawfully assembled, and shall be liable to be prosecuted therefor, and punished accordingly.

§ 3. Same-officers neglecting to exercise their authority, If any mayor, alderman, president, trustee, justice of the peace, sheriff, constable or coroner, having notice of any such rioters or tumultuous and unlawful assembly as is mentioned in this chapter, in the city, town or county in which he lives, neglects or refuses immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or neglects or omits to exercise the authority with which he is invested by this chapter for suppressing such riotous or unlawful assembly, and for arresting and securing the offenders, he shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding three hundred dollars.

$4 Same-officers may use force, etc. If any persons who shall be so riotously and unlawfully assembled, and who have been commanded to disperse as before provided, refuse or neglect to disperse without unnecessary delay, any two of the magistrates or officers before mentioned 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 is 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.

§ 5. Same-armed force to obey civil officers. Whenever an armed force is called out for the purpose of suppressing any tumult or riot, or dispersing any body of men acting together by force, with intent to commit any felony, or to offer violence to persons or property, or with intent, by force or violence, to resist or oppose the execution of the laws of this state, such armed force, when they arrive at the place of such unlawful, riotous or tumultuous assembly, shall obey such orders for suppressing the riot or tumult, and for dispersing and arresting all the persons who are committing any of the said offences, as they have received from the governor, or from any judge of the court of record, or the sheriff of the county, and also such further orders as they there shall receive from any two of the magistrates or officers mentioned in the first section.

§ 6. Same-Officers, not liable for death of rioters-liability of rioters. If, by reason of any of the efforts made by any of the 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.

though the number remaining may be less than twelve, any such person or other persons then present as spectators, or otherwise, are killed or wounded, the said magistrates and officers, and all persons acting by their order, or under their direction, shall be held guiltless and fully justified in law; and if any of the said magistrates or officers, or any person acting by their order or under their direction, are killed or wounded, all the persons so unlawfully, riotously and tumultuously assembled shall be held answerable therefor.

§ 7. Same-destruction of property by rioters. If any of the persons so unlawfully assembled, demolish, pull down or destroy any dwelling-house, or any other building, or any shop, steamboat or vessel, he shall be punished by imprisonment in the state prison not more than seven years, nor less than three years, or by fine not exceeding one thousand dollars, in the discretion of the court. (As amended 1872, c. 74, § 1.)

20 M. 136.

*88. Charivaris, etc-form of complaint, etc. If any persons, to the number of three or more, shall assemble at or near any occupied dwelling-house, and shall there make any noise or disturbance, by discharging fire-arms, beating drums, blowing horns, shouting or by any other means, with intent to annoy any inmate or inmates of such dwelling-house, or to give any inmate or inmates thereof a charivari, commonly called "horning," every person so offending shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than ninety days, or by fine not exceeding one hundred dollars; and in any complaint or indictment for such offence, it shall not be necessary to set forth the names of the persons associated in the commission of the offence with the person or persons charged, but it shall be sufficient to describe such associates as divers persons to the complainant, or to the grand jury, as the case may be, unknown. (1876, c. 54. § 1.)

*§ 9. Fighting in public places-penalty. If any person, not being armed with a dangerous weapon, shall wilfully engage in any fight with any other person or persons in any public street, highway, alley or lane, or in any public hall, or in any inn, tavern, hotel, saloon, post-office, or other place of public resort, every person so offending shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than sixty days, nor less than ten days, or by fine not exceeding one hundred dollars, nor less than five dollars. (Id. § 2.)

*§ 10. Disturbing schools, meetings, eto-penalty-exception of pupils. If any person shall in any manner wilfully interrupt or disturb any school while in session, or any meeting of any debating, social or other club or society, or any lawful assembly of the people, such person so offending shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than ninety days, nor less than ten days, or by fine not exceeding one hundred dollars, nor less than five dollars: provided, that the provisions of this section respecting the interruption or disturbance of any school shall not apply to any pupil in, and subject to the discipline of such school. (Id. § 3,)

SECTION.

CHAPTER XCIX.

OFFENCES AGAINST PUBLIC POLICY.

LOTTERIES.

1-5. Lotteries prohibited-penalty-selling lottery tickets, etc.-advertising lotteries or sale of tickets-making or selling spurious lottery tickets-ticket presumed spurious.

GAMBLING,

-12. Gambling prohibited-keeping devices for gambling-betting at gaming-tables-sufferIng gaming-table, etc., to be set up on one's premises-rule of evidence, testimony of player-gambling a misdemeanor-penalty. RECOVERY OF MONEY OR GOODS LOST BY GAMBLING.

13-14. Recovery of money, etc., lost at play-notes,
etc., for gaming debt, void.

SWINDLING WITH CARDS, ETC., ON RAILROAD
TRAINS.

15-19. Swindling with cards, etc.-penalty-acces-
sories-jurisdiction of offence, when com-
mitted on a railroad train-conductors, etc.,

SECTION.

21-23.
24-26.

27.

to make arrests-their powers and dutiesswindlers to be ejected from ears, etc.-law to be posted-penalty on conductor, etc., refusing to arrest-rule of evidence-confessions-accomplices.

CRUELTY TO ANIMALS.

Acts of cruelty-penalty-permitting animals to be ill-treated-working disabled animal. Limit to confinement of animals in carsduty of railroad companies-their lien for care and feed of animals-penalties. Definition of "animal," "owner," etc.

28-29. Abandoning disabled animals-bull-baiting, dog-fights, etc.

30-32. Arrests how made-care of animals-duty of officers to prosecute-disposal of finesjurisdiction of justices of peace, etc. Animals fed and watered on cars need not be unloaded.

33.

LOTTERIES.

§1. Lotteries prohibited-penalty. Whoever sets up or promotes any lottery for money. or disposes of any property of value, real or personal, by way of lottery, and whoever aids, either by printing or writing, or in any way is concerned in setting up, managing or drawing any such lottery, or who, in any house, shop or building owned or occupied by him, or under his control, knowingly permits the setting up, managing or drawing of any such lottery, or the sale of any lottery ticket, or share of a ticket, or any other writing, certificate, bill, token, or any other device purporting or intended to entitle the holder, bearer, or any other person to any prize or interest, or share of any prize, to be drawn in a lottery, shall, for every such offence, be punished by imprisonment in the county jail not more than six months, nor less than one month.

§ 2. Selling lottery tickets, etc. Whoever selis, either for himself or for any other person, or offers for sale, or has in his possession with intent to sell or to offer for sale, or to exchange or negotiate, or in any wise aids or assists in the selling, negotiating or disposing of a ticket in any such lottery, or a share of a ticket, or any such writing, certificate, bill, token, or other device as is mentioned in the preceding section, shall be punished by fine not exceeding five hundred dollars, nor less than one hundred dollars.

§3. Advertising lottery tickets. Whoever advertises any lottery ticket, or any share in such ticket, for sale, either by himself or any other person, or who sets up or exhibits any sign, symbol, or any emblematic or other representation of a lottery, or of the drawing thereof, or any such writing certificate, bill, token, or other device before mentioned, or where the same may be purchased or obtained, or in any way invites or entices, or attempts to invite or entice, any other person to purchase or receive the same, shall be punished by fine not exceeding one hundred dollars.

§ 4. Making or selling fictitious lottery ticket. Whoever makes, sells, or has in his possession with intent to sell, exchange or negotiate, or who, by printing, writing or otherwise, assists in making or selling, or in attempting to sell,

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