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. Suppression of riots.-A justice of the peace is liable for not trying to suppress a riot-1 Yeates, 419; so, to refuse to aid an officer in trying to suppress a riot is an offense-see 9 Mo. 268; Addis. 277; 1 Car. & M. 314.

411. A person who, after the publication of the proclamation authorized by section seven hundred and thirtytwo, 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.

See ante, § 148; post, 731.

412. Every person who engages in, instigates, 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.

Affray.-An affray is a fighting by mutual consent by two or more persons in some public place, to the terror of the people-6 Dana, 295; 5 Humph. 519; 5 Yerg. 356; 13 Ga. 322; 53 Ala. 640; 10 Mass. 518; 6 J. J. Mar. 615; see 15 Ark. 204; either actual or presumptive terror-5 Strob. 53; 35 Ala. 392. There must be actual fighting by at least two persons-53 Ala. 640; 1 Blackf. 377; 5 Yerg. 356; 4 Humph. 429; see 4 Hawks, 356; 2 Tenn. 198. It includes assault and battery-40 Ind. 18; S. C. 1 Green C. R. 554; 53 Ala. 640; 15 Ark. 204. The place of fighting must be public-21 Ala. 218; 22 id. 15; 13 Ga. 322; 3 Heisk. 278; 5 Strob. 53; 8 Humph. 84; 22 Ind. 206.

Liability of parties.-All persons present, aiding and encouraging, are equally guilty-13 Ga. 322; 16 Mass. 389; 1 Root, 275: 3 Mon. 216; see 71 N. C. 288. Every person concerned in a duel is equally responsible9 Leigh. 603. As to surgeons-see 24 Gratt. 624.

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

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.

Leaving State to fight a duel.-A challenge to fight in another State is penally cognizable in the State in which the challenge is issued-3 Brev. 243; 1 Tread. 107; 58 Ga. 332; 1 Hawks, 487; see 12 Ala. 276; 2 Camp. 506; nor is it necessary to prove that the challenge ever reached its destination-2 Camp. 506. The offense is continuous and is triable in the State where the challenge issued-Thach. C. C. 390; 3 Brev. 243; 58 Ga. 332; 1 Hawks, 487; see 12 Ala. 276; 2 Camp. 506.

415. Every person who maliciously and willfully disturbs the peace of any neighborbood 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 fires 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. [In effect March 20th, 1878.]

Breach of peace.-All acts tending to disturb the public peace are indictable at common law-see 1 Bish. C. L. 6th ed. $ 533; acts by which the peace and security of the public are disturbed-see 4 BI. Com. 142. There need not be such conduct as amounts to assault and battery-29 Conn. 72. The following are examples of the offense at common law: Making loud noises, etc., in the night-time-4 Ind. 114; loud and violent language, opprobrious epithets, and exclamations attracting crowds, even when committed in one's own house-99 Mass. 497. The offense of a common brawler may be committed by mere epithets used in the heat of private quarrel-99 Mass. 497. Driving a carriage through the streets at a rate such as to endanger the safety of pedestrians-Peters C. C. 390; 3 Wheel. C. C. 304; riding or going armed with dangerous or unusual weapons-3 Ired. 418; anything that tends to provoke or excite others to break the peace-4 Bl. Com. 150; as spreading false news to create discord between persons-4 Bl. Com.

149; false and pretended prophecies-id; entering on land by force and throwing out à person who has a naked possession-7 Ind. 549.

Challenging to fight-is the inciting, or inviting, or provoking another to fight-Hob. 215. A challenge to fight without deadly weapons is indictable as an attempt, or as a breach of the peace-3 Brev. 243; 1 Hawks. 487; 2 Law Reporter, 148; 34 Ill. 486; 1 Dana, 524. No particular form of words is necessary, it is a question of fact for thej ury-12 Ala. 276; see 3 Dana, 418; 6J.J. Marsh. 120; 1 Hawks, 487; 6 Blackf.20; 3 Brev. 243; 1 McMull. 126; but the mere words liar, knave, or the like, do not directly tend to a breach of the peace, as a challenge, but words which tend to a breach of the peace may be indictable-1 Dana, 524; 2 Ld. Raym. 1031. See Desty's Crim. Law, § 95 a.

“Maliciously” and “willfully."-See ante, § 7, subd. 4; id. subd. 1. 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.

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. Exhibiting weapons.-The appearance in public, armed with a dangerous weapon, is an indictable offense-3 Ired. 418.

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.-A forcible entry and forcible detainer is indictable at common law-3 Mo. 127; 4 Cush. 141; 8 Term Rep. 357; 3 Burr. 1731; and they are distinct offenses-8 Cowen, 226; 1 Hall, N. Y. 240; 4 Johns. 198; 1 Jones, (N. C.) 290; 1 Serg. & R. 124; 6 id. 252; 8 Gratt. 708. Indictment lies whenever the unlawful entry is made with force-3 Brev. 413; 2 Const. S. C. 489. The entry must have been made when the proprietor was in quiet possession of the property-8 Ired. 315; 3 Har. (Del.) 206; 1 Ashm. 140, and must be attended with force and intimidation-1 Ashm. 140; but title is immaterial-4 Conn. 79; 1 Dall. 68; 8 Cowen, 226; 1 Hall, 240; 4 Johns. 198; 13 Up. Can. Q. B. 521; 4 Man. & R. 471. Force is necessary, exceeding a bare trespass, and giving reasonable grounds for terror; 10 Ired. 39; 1 Ashm. 140; 1 Brewst. 509; 1 Har. (Del.) 520; 5 Binn. 277; 4 Ired. 305; 5 id. 452; 13 id. 348; 4 Jones, (N. C.) 315; 1 Me. 22; 5 Car. & P. 201; Ryan & M. 27. There must be a show of force, as with weapons or a multitude of people, so as to involve a breach of the peace-24 Barb. 16; 10 Ired. 38; 6 Baxt. (Tenn.) 496; 7 id. 109; 4 Jones, (N. C.) 316. In some States, a civil remedy is given by statute-10 Mass. 403; 3 Pick. 31; 9 Wend. 62; 8 Cowen, 226; 4 Johns. 198; but it remains an indictable offense in those States

where the most summary civil remedies are given-5 Binn. 277; 1 Brev. 119; 2 Dev. 120; 3 Har. (Del.) 205; 3 Mass. 215; 1 Me. 22. See 13 Pa. St. 392; but see 2 Pars. Cas. 411. See Desty's Crim. Law, §§ 99 b, c; and see Civ. Code, §§ 1159-1175.

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.

420. Repealed. [In effect February 7th, 1880.]

TITLE XII.

Of Crimes against the Revenue and Property of this State.

§ 424. Embezzlement and falsification of accounts by public officers. § 425. Officers neglecting to pay over public moneys.

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

§ 427. Failure to pay over fines and forfeitures received, a mis de

meanor.

§ 428. Obstructing officer in collecting revenue.

$429. Refusing to give assessor list of property, or giving false name. § 430. Making false statements, not under oath, in reference to taxes. § 431. Delivering receipts for poll-taxes, other than prescribed by law, or collecting poll-taxes, etc., without giving the receipt prescribed by law.

§ 432. Having blank receipts for licenses, etc., other than those prescribed by law.

§ 434. Refusing to give name of persons in employment, etc.

§ 435. Carrying on business without license.

§ 436. Unlawfully acting as auctioneer.

§ 439. Effecting insurance on account of foreign companies that have not complied with the laws of this State.

§ 440. Officer charged with collection, etc., of revenue, refusing to permit inspection of his books.

§ 441. Board of examiners, controller, and treasurer neglecting certain duties.

§ 442. Having State arms, etc.

§ 443. Selling State arms, etc.

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,