labor law, relating to the completing or laying of floors, or the planking of such floors or tiers of beams as the work of construction progresses, is guilty er a misdemeanor, and upon conviction therefor shall be punished by a fine for each offense of not less than twenty-five nor more than two hundred dollars. [ADDED BY CH. 416 of 1897.]

$447d. Requiring more than the legal weight for a bushel. -Where potatoes, grains or other agricultural products are sold by the bushel, without agreement as to the weight, any person requiring a greater number of pounds for a bushel than as prescribed by section eight of the domestic commerce law, is guilty of a misdemeanor. [ADDED BY CHAP. 515 of 1889.]

§447e, Contamination of salt wells. A person who wilfully places, introduces or causes to flow or enter into any spring, brook or body of water, which is used in the manufacture of salt, or into any salt well, or salt mine, or into any cavity or reservoir beneath the surface of the earth froin which salt or brine is taken or used in the manufacture of salt, any impare or deleterious substance or thing whatsoever, which is liable to pollute the waters thereof, or the brine or salt taken or manufactured therefrom, provided that this act shall not interfere with any existing system of drainage or sewerage, is punishable by imprisonment in a penitentiary or state prison for not more than five years or by a fine of not more than two thousand dollars, or by both such fine and imprisonment. [ADDED BY CHAP. 528 of 1901.]

TITLE XIII.

Of Crimes Against the Public Peace.

SEC 448. Disturbing lawful meetings.

1

449. "Riot" defined.

450. Punishment of riot.

451. Unlawful assemblies.

452. Disguised and masked persons, etc.

453. Allowing masquerades to be held in places of public resort.

454. Remaining present at place of riot, etc., after warning.

455. Remaining present at a meeting, originally lawful, after it has

adopted an unlawful purpose.

456. Refusing to assist in arresting rioter.

457. Combinations to resist execution of process.

458. Prize fighting, aiding therein, etc.

459. What is a challenge.

460. Betting or stakeholding on fight.

461. Fight out of state.

462. Indictment.

463. 464. Apprehension of persons about to fight.

465. Forcible entry and detainer.

466. Returning to take possession of lands after being removed by

legal process.

467. Unlawful intrusion, etc.

468. Discharging firearms.

468a. Criminal anarchy defined.

468b. Advocacy of criminal anarchy.

468c. Liability of editors and others

463d. Assemblages of anarchists.

468e. Permitting premises to be used for assemblages of anarchists. 469. Witnesses' privilege.

448. Disturbing lawful meetings.-A person who, without authority of law, willfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor.

See §§ 274, 275, ante; Com. v. Hoxey, 16 Mass. 385; Campbell v. Com., 59 Penn. St. 266; People v. Judson, 11 Daly, 1, 82.

449. "Riot" defined. - Whenever three or more persons, having assembled for any purpose, disturb the public peace, by using force er violence to any other person, or to property, or threaten or attempt to commit such disturbance, or to do an unlawful act by the use of force or violence, accompanied with the power of immediate execution of such threat or attempt, they are guilty of riot.

What constitutes. People v. White, 55 Barb. 606; State v. Brazil, 1 Rice, 257; State v. Connolly, 3 Rich. 337; Com. v. Runnels, 10 Mass. 518; State v. Cole, 2 McCord, 117; Pa. v. Craig, Addis, 190; State v. Brooks, 1 Hill (S. C.), 361; State v. Russell, 45 N. H. 83; State v. Shaw, 33 Me. 554. Originator of, liable for the whole. State v. Blair, 13 Rich. 93. Previous design or preconcert unnecessary. People v. Ferris, 4 Hall L. J. 209; People v. White, 55 Barb. 606; People v. Judson, 11 Daly, 183; Slater v. Wood, 9 Bosw. 15; Rodman's case, 2 C. H. Rec. 88; Scott's case, id. 25; State v. Brown, 69 Ind. 95; 35 Am. Rep. 210; Spies v. People, 122 III. 1; 3 Am. Rep. 320; State v. Stallcup, 1 Ired. 30; 35 Am. Dec. 442.

§ 450. Punishment of riot. - A person guilty of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, or aiding the same, is punishable as follows:

1. If the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this state, or of the United States, or to obstruct any public officer of this state, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty; or if the offender carries, at the time of the riot, fire-arms 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 a 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.

When presence not enough. Scott's case, 2 C. H. Rec. 25. See § 454, post.

§ 451. Unlawful assemblies. - Whenever three or more persons, 1. Assemble 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 assembled, attempt or threaten any act tending towards 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, is guilty of a misdemeanor. But this section shall not be so construed as to prevent the peaceable assembling of persons for lawful purposes of protest or petition.

Sub. 2. Falconer v. Steers, 3 Luz. L. Obs. 163; Slater v. Wood, 9 Bosw. 15; People v. Judson, 11 Daly, 1, 82; Zeiger v. Nolan, 1 City Ct. Sup. 54; State v. Wood, 9 Bosw. 15.

Sub. 3. People v. Most, 128 N. Y. 113; 38 N. Y. State Rep'r, 829, aff'g 29 id. 97; 7 N. Y. Cr. 389.

§ 452. Disguised and masked persons, etc. - An assemblage in public houses or other places of three or more persons disguised by having their faces painted, discolored, colored or concealed, is un. lawful, and every individual so disguised, present thereat, is guilty of a misdemeanor; but nothing contained in this section shall be construed as prohibiting any peaceful assemblage for a masquerade or fancy dress ball or entertainment, or any assemblage therefor of persons masked, or as prohibiting the wearing of masks, fancy dresses, or other disguise by persons on their way to or returning from such ball or other entertainment; if, when such masquerade, fancy dress ball or entertainment is held in any of the cities of this state, permission is first obtained from the police authorities in such cities respectively for the holding or giving thereof, under such regulations as may be prescribed by such police authorities.

§ 453. Allowing masquerades to be held in places of publio resort. A person being a proprietor, manager or keeper of a theatre, circus, public garden, public hall, or other place of public meeting, resort or amusement, for admission to which any price or payment is demanded, who permits therein any assemblage of persons masked, prohibited in this title, is guilty of a misdemeanor, punishable by imprisonment in a state prison not exceeding two years, or in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment.

§ 454. Remaining present at place of riot after warning.- A person, remaining present at the place of an unlawful assembly or riot, after the persons assembled have been warned to disperse by a magistrate or public officer, is guilty of a misdemeanor, 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.

See Code Cr. Proc., § 106.

§ 455. Remaining after meeting has adopted unlawful purpose.Where three or more persons assemble for a lawful purpose, and afterwards proceed to commit an 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, is guilty of a misdemeanor.

§ 456. Refusing to assist in arresting rioter. A person, present at the place of an unlawful assembly or riot, who, being commanded by a duly authorized public officer to act or aid in suppressing the riot, or in protecting persons or property, or in arresting a person guilty of or charged with participating in the unlawful assembly or riot, neglects or refuses to obey such command, is guilty of a mis. demeanor.

See Code Cr. Proc, § 108.

§ 457. Combinations to resist execution of process. - A person, who enters into a combination with another to resist the execution of any legal process, or other mandate of a court of competent jurisdic. tion, under circumstances not amounting to a riot, is guilty of a misdemeanor.

See Code Cr Proc., §§ 102, 103.

§ 458. Prize fighting and sparring exhibitions, aiding therein, et cetera. A person who, within this state, engages in, instigates, aids, encourages, or does any act to further a contention or fight, without weapons, between two or more persons, or a fight commonly called a ring or prize fight, either within or without the state, or who engages in a public or private sparring exhibition, with or without gloves, within the state, at which an admission fee is charged or received, either directly or indirectly, or who sends or publishes a challenge, or acceptance of a challenge for such a contention, exhibition or fight, or carries or delivers such a challenge or acceptance, or trains or assists any person in training or preparing for such a contention, exhibition or fight, is guilty of a misdeneanor. [AMENDED BY CHAP. 270 OF 1900. In effect Sept. 1, 1900.]

See § 234, supra.

§ 459. What is a challenge. Any words spoken or written, or any signs uttered or made to any person, expressing or implying, or intended to express or imply a desire, request, invitation or demand to engage in any fight, such as is mentioned in section 458, are to be deemed a challenge within the meaning of that section.

See § 236, supra. Barker v. People, 3 Cow. 386; 20 Johns. 457; Norton's case, 3 C. H. Rec. 90; Wood's case, id. 139; People v. Barker, 2 Wh. Cr. Cas. 19.

§460. Betting or stakeholding on fight. A person who bets, stakes, or wagers money 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 guilty of a misdemeanor.

§ 461. Fight out of state. - A person who leaves the state, with intent to elude any provision of this title, or to commit any act without the state, which is prohibited by this title, or who, being a resi. dent of this state, does any act without the state, which would be punishable by the provisions of this title, if committed within the state, is guilty of the same offense and subject to the same punishment, as if the act had been committed within this state.

See §§ 185, 239, ante; Code Cr. Proc., § 133.

§ 462. Indictment--An indictment for an offense, specified in the last section, may be tried in any county within the state. See § 240, ante; Code Cr. Proc., § 133.

463. Apprehension of persons about to fight. - A magistrate having power to issue warrants in criminal cases, to whom it is made to appear that there is reasonable ground to apprehend that an of. fense specified in sections 458, 460 and 461 is about to be committed within his jurisdiction, or by any person being within his jurisdiction, must issue his warrant to a sheriff or constable, or other proper officer, for the arrest of the person or persons so about to offend. Upon a person being arrested and brought before him by virtue of the warrant, he must inquire into the matter, and, if it appears that there is reasonable ground to believe that the person arrested is about to commit any offense, the magistrate must require him to give a bond to the people of the state in such sum, not exceeding one thousand dollars, as the magistrate may fix, either with or without sureties in his discretion, conditioned that such person will not, for one year thereafter, commit any such offense.

§ 464. Id. If the person arrested, as prescribed in the last section, does not furnish a bond as prescribed therein, within a time fixed by the magistrate, the latter must commit him to the county jail, there to remain until discharged by a court of record having criminal jurisdiction. A person so committed may, at any time, be discharged upon a writ of habeas corpus, upon his executing the bond required by the committing magistrate. If the bond is required to be given with one or more sureties, the surety or sureties must be approved by the officer taking the same.

§ 465. Forcible entry and detainer.- A person, guilty of using, or of 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 the manner allowed by law, is guilty of a misdemeanor.

Forcible entry, what is. People v. Field, 1 Lans. 222. Trespass, not enough. People v. Smith, 24 Barb. 19. What is. State v. Pearson, 2 N. H. 550. Detainer. People, ex rel. Kline, v. Rickert, 8 Cow. 226; State v. Marsh, 84 N. C. 378. Mere trespass no offense. People v. Smith, 24 Barb. 16. Must be seizure or possession. People v. Nelson, 13 Johns. 340; People v. King, 2 Col. & Cai. 364; People v. Shaw, 1 Cai. 125; People, ex rel. McInroy, v. Reed, 11 Wend. 157; People v. Leonard, 11 Johns. 504; Carter v. Newbold, 7 How. Pr. 166. See People v. Field, 1 Lans. 222. Use of force to repeal. Mickle's case, 1 C. H. Rec. 96, 119.

See People v. Carter, 29 Barb. 208; People v. Wilson, 13 How. 446; People v. Godfrey, 1 Hall, 240; People v. Van Nostrand, 9 Wend. 50; Mather v. Hood, 8 Johns. 44; People v. Anthony, 4 id. 198; People v. Farrell, 28 N. Y. State Rep'r, 44; Cain v. Flood, 38 id. 197.

§ 466. Returning to take possession of lands after being legally removed.- A 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, without authority of law, returns to settle or reside upon or take possession of such lands, is guilty of a misdemeanor.

§ 467. Unlawful intrusion on lands.- A person who intrudes upon any lot or piece of land within the bounds of a city or village, without authority from the owner thereof, or who erects or occupies thereon any hut, or other structure whatever without such authority; and a person who places, erects, or occupies within the bounds of any street or avenue of a city or village, any hut, or other structure, without lawful authority, is guilty of a misdemeanor.

See $ 640, sub. 9, post; People v. Stevens, 109 N. Y. 159.

§ 468. Discharging fire-arms. A person who, otherwise than in self defense, or in the discharge of official duty,

1. Willfully discharges any species of fire-arms, air-gun or other weapon, or throws any other deadly missile in a public place or in any place where there is any person to be endangered thereby, although no injury to any person ensues;

or

2. Intentionally, without malice, points or aims any firearm at or toward any other person; or

3. Discharges, without injury to any other person, firearms, while intentionally without malice, aimed at or toward any person; or