Vermont V. Davidson, 30 Vt., 377. Prize fighting, etc. 2 7 Feb., 1896, 29 Stat. L., 5; Supp., 446. "Pugilistic encounter" de fined. Stat. L., 5; Supp., 446. or accepting a challenge, shall be punished by imprisonment not exceeding six months or by fine not exceeding one hundred dollars. SEC. 344. Whoever shall voluntarily engage in a pugilistic encounter between man and man or a fight between a man and a bull or any other animal, for money or for other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary not less than one nor more than five years. SEC. 345. By the term "pugilistic encounter," as used in the preceding section, is meant any voluntary fight by 7. Feb., 1896, 29 blows by means of fists or otherwise, whether with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly. etc., prize fight; lenges, etc. Code, s. 458. (See notes to ss. 341, 342.) Instigating, SEC. 346. A person who instigates, aids, encourages, or sending chal-does any act to further a pugilistic encounter within the N. Y. Penal meaning of the section last preceding, or sends or publishes a challenge or acceptance of a challenge for such an encounter, or carries or delivers such a challenge or acceptance, or trains or assists any person in training or preparing for such an encounter, is punishable by a fine not to exceed five hundred dollars or by imprisonment not to exceed one year, or both. "Challenge" defined. Code, s. 459. SEC. 347. Any words spoken or written, or any signs N. Y. Penal directed or made to any person, expressing or implying, Barker v. Peo- or intended to express or imply, a desire, request, invitaNorton's case, 3 tion, or demand to engage in any fight, such as is menC. H. Rec., 90 tioned in the two sections last preceding, shall be deemed C. H. Rec., 139; a challenge within the meaning of the section last preced ple, 3 Cow., 386; Wood's case, 3 Betting or stakeholding. Code, s. 460. SEC. 348. A person who bets, stakes, or wagers money N. Y. Penal or other property upon the result of such a fight or encounter, or who holds or undertakes to hold money or other property so staked or wagered, to be delivered to or for the benefit of the winner thereof, is punishable by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or both. Code, s. 413. N. Y. Penal 55 Barb, 606; Rod H. Rec., 88. H. Rec., 25; Spies 1; States v. Wood, 9 Bosw., 15; State v. Stallcup, 35 Am. Dec., 442; People v. Judson, 11 Daly 1, 82. riot. N. Y. Penal Code, $450, Scott's case, 2 supra, C. H. Rec., 25. SEC. 349. Every person wilfully present as a spectator Spectators. at any pugilistic encounter mentioned in this chapter is Cal. Penal punishable by a fine of not more than one hundred dollars or by imprisonment not more than three months, or both. SEC. 350. Whenever three or more persons, having Riot defined. assembled for any purpose, disturb the public peace by code, s. 449. using force or violence to any other person, or to prop- People v. White; erty, or threaten or attempt to commit such disturbance, man's case, 2 C, or to do an unlawful act by the use of force or violence Scott's case, 2 C. accompanied with the power of immediate execution of v. People, 112 III., such threat or attempt, they are guilty of riot. SEC. 351. A person guilty of riot or of participating in Punishment of a riot, either by being personally present or by instigating or promoting or aiding the same, is punishable as follows: (1) If the purpose of the assembly or of the acts 2 done or threatened or intended by the persons engaged is to resist the enforcement of a statute of the United States or of any State or Territory, or to obstruct any public officer in serving or executing any process or other mandate of a court of competent jurisdiction, or any performance of any other duty; or if the offender carries, at the time of the riot, firearms or any other dangerous weapon, or is disguised, by imprisonment for not more than five years or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; (2) in any other case, if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence, by imprisonment for not more than two years or by fine of not more than five hundred dollars, or by both such fine and imprisonment; (3) in any case not embraced within the foregoing subdivisions of this section, by imprisonment for not more than one year or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. semblies. as Cal. Penal Code, s. 451. People v. Most, State v. Wood, 9 Bosw., 15; Peo ple v. Judson, 11 Daly, 1-82. SEC. 352. Whenever three or more persons (1) assemble Unlawful with intent to commit any unlawful act by force; or (2) assemble with intent to carry out any purpose in such a manner as to disturb the public peace; or (3) being assem- 128 N., W113; bled, attempt or threaten any act tending toward a breach of the peace or any injury to person or property, or any unlawful act, such an assembly is unlawful, and every person participating therein by his presence, aid, or instigation, shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or both. Refusing to assist officers. Code, s. 456. SEC. 353. A person present at the place of an unlawful N. Y. Penal assembly, riot, or riotous conspiracy, who, being commanded by a duly authorized officer to act or aid in suppressing the riot, or in protecting persons or property, or in arresting a person guilty of the charge of participating in the unlawful assembly, riot, or riotous conspiracy, neglects or refuses to obey such command, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months, or by both. Remaining SEC. 354. Whoever remains present at the place of an warning. unlawful assembly, riot, or riotous conspiracy, after the N. Y. Penal persons assembled have been warned to disperse by a magistrate or public officer, unless as a public officer, or at the request or command of a public officer he is endeavoring or assisting to disperse the same, or to protect persons or property, or to arrest the offenders, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding one year, or both. present Code, s. 454. after Remaining aft er meeting has ful purpose. Code, s. 455. SEC. 355. Where three or more persons having assemadopted unlaw-bled for a lawful purpose, afterwards proceed to commit N. Y. Penalan act that would amount to a riot, if it had been the original purpose of the meeting, every person who does not retire when the change of purpose is made known, or such act is committed, except public officers and persons assisting them in attempting to disperse the assembly, shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding one year, or both. Disturbing lawful meetings. SEC. 356. Whoever, without authority of law, wilfully disturbs any assembly or meeting not unlawful in its character, is punishable by imprisonment not to exceed one son, 11 Daly, 1-82; year, or by fine not to exceed one hundred dollars, or both. N. Y. Penal Code, s. 448. People v. Jud Campbell v. Com., 59 Penn. St., 266; Com. v. Hoxey, 16 Mass., 385. Boisterous con duct, offensive Code, s. 415. SEC. 357. Whoever maliciously or wilfully disturbs the language, etc. peace of any neighborhood or person by loud or unusual Cal. Penal noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or by firing any gun or pistol, or uses any vulgar, profane, or indecent language within the presence or hearing of women or children, in a loud and boisterous manner, shall be punished by a fine not exceeding two hundred dol lars or by imprisonment not exceeding ninety days, or by both. Carrying con cealed weapons. SEC. 358. Whoever carries any pistol, revolver, bowie Bates' Ann. knife, dirk, metallic knuckles, slung shot, or other dangerous weapon, concealed on or about his person, shall be Ohio State, s. 6892. Ohio of Cleveland, 34 fined not more than two hundred dollars, or imprisoned Larney v. City not more than thirty days; and for a second offense fined not more than five hundred dollars or imprisoned not more than three months, or both. Forcible entry and detainer. N. Y. Penal Code, s. 465. People v. Rickert, 8 Cow., 226; 13 Johns, 340; SEC. 359. Whoever is guilty of using, or of procuring, encouraging, or assisting another to use, any force or violence in entering upon or detaining any lands or tenements in the possession of another, except in the cases and manner provided by law, is punishable by fine not exceeding People v. Leonfive hundred dollars or imprisonment not exceeding one 504; People v. year, or both. People v. Nelson, ard, 11 Johns, Van Nostrand, 9 Wend., 50; People v. Farrell, 28 N. Y. St. Rep., 44. Returning lands take possession of after be any or to SEC. 360. Whoever has been removed from tenements by process of law, or has removed from any anally relands or tenements pursuant to the lawful adjudication or moved. direction of any court, tribunal, or officer, afterwards, NY. Penal without authority of law, returns to settle or reside upon or take possession of such lands or tenements, is punishable by a fine not exceeding one hundred dollars or by imprisonment not exceeding six months, or by both. fire. Leg. Assem. D. SEC. 361. Any person or persons who shall knowingly False alarm of raise or report any false alarm of fire in any church, theater, hall, or other public assemblage, or who shall aid, C., July 20, 1871. assist, procure, or incite any other person to do the same, shall be punished by a fine of not more than fifty nor less than five dollars. Sec. SUBCHAPTER D. Comp. Stat. D. C., c. c. 16, s. 118. OFFENSES AGAINST CHASTITY, DECENCY, AND MORALITY. 362. Bigamy defined; how punished. 363. Exceptions. 364. Polygamy defined; how punished. 368. Fornication; how punished. 369. Unlawful cohabitation; how punished. 370. Exposure of person; how punished. Sec. 371. Keeping a disorderly house. 372. Circulation of obscene literature; promoting 373. Violating cemeteries; how punished. 375. Overdriving, overloading animals, etc. 377. Impounding animals without food. SEC. 362. Whoever, having a husband or wife living, Bigamy demarries another, whether married or single, is guilty of bigamy, and shall be fined not more than five hundred R. S., s. 5352. dollars and be imprisoned not more than five years. Mar. 22, 1882, s. 1, Cannon v. U. S., 116 U. S., 55; Ex parte Snow, 120 U. S., 274; Higginson v. U. S., 46 Exceptions. SEC. 363. The preceding section shall not extend to any person by reason of any former marriage whose husband, Mar. 22, 1882, s. 1, 1 Supp., 332. Polygamy defined; how pun ished. or wife by such marriage shall have been absent for five successive years, and is not known to such person to be living, and is believed by such person to be dead; nor to any person by reason of any former marriage which shall have been dissolved by a valid decree of a competent court; nor to any person by reason of any former marriage which shall have been pronounced void by a valid decree of a competent court, on the ground of nullity of the marriage contract. SEC. 364. Any man who simultaneously or on the same day marries more than one woman is guilty of polygamy, Mar. 22, 1882, s. and shall be fined not more than five hundred dollars and 1, 1 Supp., 331. 98 U. S., 145; be imprisoned not more than five years. Cannon v. U. S., 116 U. S., 55; Ex parte Snow, 120 U. S., 274; Higginson v. U. S., 46 Fed. Rep., 750. how punished. Mar. 3, 1887, s. 4, 1 Supp., 568. Fed. Rep., 712. Incest defined; SEC. 365. Whoever being related to another person within and not including the fourth degree of consanguinRe Relson, 69 ity, computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with such other so related person, knowing her or him to be within said degree of relationship, is guilty of incest and shall be imprisoned not less than three and not more than fifteen years. Sodomy defined; how pun ished. SEC. 366. Whoever shall have carnal copulation with another human being in any opening of the body, except Bates' Ohio sexual parts, or with a beast, shall be deemed guilty of 7020, 7021. sodomy, and shall be imprisoned not more than twenty years nor less than two years. Stats., 1897, ss. Foster v. State, 1 C. C., 67. Adultery. 3, 1 Supp., 568. 74 Fed. Rep., 43. SEC. 367. Whoever commits adultery shall be imprisMar. 3, 1887, s. oned not exceeding three years; and when the act of adulU.S. v. Baum, tery is committed between a married woman and an -unmarried man, both parties shall be deemed guilty; when the act of adultery is committed between a married man and an unmarried woman, the man only shall be deemed guilty of adultery. Fornication; how punished. Mar. 3, 1887, s. SEC. 368. Every unmarried man or unmarried woman who commits fornication shall, upon conviction thereof, 3, 1 Supp., 568. be fined not exceeding one hundred dollars or be imprisoned not exceeding six months. 6 Mackey (D. C.), 319. Unlawful CO habitation; how punished. SEC. 369. If any male person cohabits with more than one woman he is guilty of unlawful cohabitation, and shall Mar. 22, 1882, s. be fined not more than three hundred dollars or be im3, 1 Supp., 332. 116 U.S., 45; 118 prisoned not more than six months, or both. ibid., 346, 355; Cannon v. U. S., 116 U. S., 55; Ex parte Snow, 120 U. S., 274; Higginson v. U. S., 46 Fed. Rep., 750. |