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device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor.

396. Racing upon highways.

SEC. 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. Sale of intoxicating liquors to drunkards or Indians.

SEC. 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. [Amendment, approved March 26, 1874; Amendments 1873-4, 462; took effect sixtieth day after passage.]

An act to prevent the sale of intoxicating drinks to minors, approved March 4, 1872; 1871–2, 231; see ante, sec. 306.

398. Selling fire-arms and ammunition to Indians.

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

399. Death from mischievous animals.

SEC. 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. Exhibiting deformities for hire.

SEC. 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. [New section, approved February 4, 1874; Amendments 1873-4, 462; took effect sixtieth day after passage.]

Aiding, advising, or encouraging suicide.

SEC. 400. Every person who deliberately aids or advises, or encourages, another to commit suicide, is guilty of a felony. [New section, approved March 30, 1874; Amendments 1873-4, 433; took effect July 1, 1874.]

Sale or exposure of animals having glanders-Misdemeanor.

SEC. 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. [New section, approved April 16, 1880; Amendments 1880, 41 (Ban. ed. 376); took effect immediately.]

The repeating the numbers of sections sight on the part of the legislature. The sub400 and 401 presumably arose from an over- ject-matter of the sections is quite different.

401. Adulteration of candies.

SEC. 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. [New section, approved March 16, 1878; Amendments 1877-8, 116; took effect from passage.]

Animals having glanders to be killed.

SEO. 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 provisions of this section shall be guilty of a misdemeanor. [New section, approved April 16, 1880; Amendments 1880, 41 (Ban. ed. 376); took effect immediately.]

TITLE XI.

OF CRIMES AGAINST THE PUBLIC PEACE.

403. Disturbance of public meetings other than religious or political.

SEC. 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.

Section 59 refers to meetings of electors.

404. Riot defined.

Section 302 refers to religious meetings.

SEO. 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 defined-In order to make a riot at common law, an unlawful assemblage must be shown; and if a number of persons, lawfully assembled, suddenly and without premeditation, fell together by the ears, it was only an affray; but if, being thus assembled, they concoct a breach of the peace, and in pursuance thereof execute it, this is a sufficient assemblage to make a riot: Dougherty v. People, 4 Scam. 179; 1 Hawk. P. C. 514; 1 Russell on Crimes, 378; 2 Whart. Crim. L., 8th ed., sec. 1538. It must also be shown that the assembling was accompanied by some such circumstance, either of actual force and violence, or at least having an apparent tendency thereto, as were calculated to inspire people with terror, such as being armed, making threatening speeches, or the like: Rex v. Hughes, 4 Car. & & P. 373; State v. Straw, 33 Me. 554; 2 Whart. Crim. L., 8th ed., sec. 1539. It is generally

405. Riot, punishment of.

held not to make any difference whether the act intended to be done by the persons assembled be of itself lawful or unlawful; for if a body of men assemble together for the purpose of obtaining any particular end, and conduct themselves in a turbulent manner, either with acts of violence, or with threats and intimidations calculated to excite the terror of the people, this is of itself a riot, whether the end and object proposed be a just and legitimate one or not: 1 Russell on Crimes, 380; Kiphart v. State, 42 Ind. 273. At common law, no act amounted to a riot, rout, or unlawful assembly, unless three or more persons mutually engaged in it: 4 Bla. Com. 146; 1 Hawk. P. C., c. 65, sec. 1; 1 Russell on Crimes, 378.

Riot, rout, distinction between: See note to sec. 406. Unlawful assembly: See sec. 407.

SEC. 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.

406. Rout defined.

SEC. 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.-"Stats. 1855, 105, sec. 3. This corresponds with the common-law definition, but the riot which would ensue, if the intended enterprise were carried into execution, is the

riot defined in section 404, ante, and not the common-law riot. A rout is an unexecuted intended riot: Russell on Crimes, 253; 4 Bla Com. 140: " Commissioners' note.

407. Unlawful assembly defined.

SEC. 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.

408. Punishment of rout and unlawful assembly.

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

Stats. 1855, 105, sec. 3.

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

SEC. 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. Magistrates neglecting or refusing to disperse rioters.

SEC. 410. 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.

Stats. 1851, 216, sec. 43.

411. Consequence of resisting process after a county has been declared in a state of insurrection.

SEC. 411. 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.

Stats. 1851, 212, sec. 50.

412. Prize-fights.

SEO. 412. Every person who engages in, institutes, encourages, or promotes any ring or prize fight, or any other premeditated fight or contention (without deadly weapons), either as principal, aid, second, umpire, surgeon, or otherwise, is punishable by imprisonment in the state prison not exceeding two years. 413. Persons present at prize-fights.

SEC. 413. Every person willfully present as a spectator at any fight or contention mentioned in the preceding section is guilty of a misdemeanor. Stats. 1851, 216.

414. Leaving the state to engage in prize-fights.

SEC. 414. Every person who leaves this state with intent to evade any of the provisions of the last two sections, and to commit any act out of this state such as is prohibited by them, and who does any act which would be punishable under these provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state.

"This corresponds with section 231, ante- or of a ring or prize fight, is sufficient to conleaving the state to fight a duel-each being so vict:" Commissioners' note.

framed that proof of any act in aid of a duel,

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415. Disturbing the peace. SEO. 415. Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood or person by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets of any unincorporated town, or upon the public highways in such unincorporated town, run any horse-race, either for a wager or for amusement, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language within the presence or hearing of women or children, in a loud and boisterous manner, is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both fine and imprisonment, or either, at the discretion of the court. [Amendment, approved March 20, 1878; Amendments 1877-8, 117; took effect from passage.] Vulgar language. This section does not re- porated, and the criminal complaint need not quire that vulgar language, to be punishable, allege the language used: Ex parte Foley, 62 should be used in a town corporated or unincor- Cal. 508.

416. Refusing to disperse upon lawful command.

SEC. 416. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.

Stats. 1850, 243.

417. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully.

SEC. 417. Every person who, not in necessary self-defense, in the presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry, and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

Stats. 1855, 268, sec. 1.

418. Forcible entry and detainer.

SEO. 418. Every person using, or procuring, encouraging, or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor.

Forcible entry and detainer: See secs. 1159 et seq.

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

SEC. 419. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor.

"This section is founded upon and to carry out the spirit of an act for the punishment of contempts and trespass, Stats. 1862, 115, and

420. Inciting riot.

New section 420, relating to the uttering of language with intent to incite a riot or acts of criminal violence against person or property, approved January 19, 1878, Amendments 1877

is similar to New York political code, sec. 493:" Commissioners' note.

8, 117, was repealed by act of February 7, 1880, Amendments 1880, 1 (Ban. ed. 4); took effect from passage.

TITLE XII.

OF CRIMES AGAINST THE REVENUE AND PROPERTY OF THIS STATE.

424. Embezzlement and falsification of accounts by public officers.

SEC. 424. Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safe-keeping, transfer, or disbursement of public moneys, who either:

1. Without authority of law appropriates the same, or any portion thereof, to his own use, or to the use of another; or,

2. Loans the same or any portion thereof, or having the possession or control of any public money, makes a profit out of, or uses the same for any purpose not authorized by law; or,

3. Fails to keep the same in his possession until disbursed or paid out by authority of law; or,

4. Unlawfully deposits the same, or any portion thereof, in any bank, or with any banker or other person; or,

5. Changes or converts any portion thereof from coin into currency, or from currency into coin, or other currency, without authority of law; or,

6. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or,

7. Fraudulently alters, falsifies, conceals, destroys, or obliterates any such. account; or,

8. Willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order, or warrant drawn upon such moneys by competent authority; or,

9. Willfully omits to transfer the same when such transfer is required by law; or,

10. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same any money received by him under any duty imposed by law so to pay over the same;

-Is punishable by imprisonment in the state prison for not less than one nor more than ten years, and is disqualified from holding any office in this state. [Amendment, approved April 16, 1880; Amendments 1880, 39 (Ban. ed. 310); took effect immediately.]

In People v. Carrillo, 54 Cal. 63, where an indictment founded upon this section charged the defendant, who was the tax collector of the city of Los Angeles, with the receipt of certain public funds belonging to the city, and with fraudulently appropriating them to his own

use, it was held error for the court to instruct the jury that the failure of the prisoner to pay over the money, if unexplained, raised a presumption of felonious appropriation, which would authorize a verdict of guilty.

425. Officers neglecting to pay over public moneys.

SEC. 425. Every officer charged with the receipt, safe-keeping, or disbursement of public moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of felony.

Fines to be paid over: Secs. 1457, 1570.

426. "Public moneys," as used in the preceding section, defined.

SEC. 426. The phrase "public moneys," as used in the two preceding sections, includes all bonds and evidences of indebtedness, and all moneys belong

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