Page:1887 Compiled Laws of Dakota Territory.pdf/1128

This page has been proofread, but needs to be validated.
§§ 6683-6693
PENAL CODE.
Crimes Against Public Peace.

warned to disperse, except public officers, and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

Presence after unlawful purpose is known.
s. 482, Pen. C.

§ 6683. Where three or more persons assemble for a lawful purpose, and afterwards proceed to commit an act that would amount to 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, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

Refusing to arrest rioters.
s. 483, Pen. C.

§ 6684. Every person present at any riot, and lawfully com- manded to aid the magistrate or officers in arresting any rioter, who neglects or refuses to obey such command, is deemed one of the rioters, and punishable accordingly.

Combinations to resist process.
s. 484, Pen. C.

§ 6685. Every person who resists, or enters into a combination with any other person to resist the execution of any legal process, under circumstances not amounting to a riot, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or both.

Prize fight.
s. 485, Pen. C.

§ 6686. Every person who engages in, instigates, encourages or promotes, any ring or prize fight, or any other premeditated fight or contention, whether as principal, aid, second, umpire, surgeon or otherwise, although no death or personal injury ensues, is guilty of a misdemeanor.

Challenge to a prize fight.
s. 486, Pen. C.

§ 6687. Every person who challenges another to engage in any such fight as is specified in the last section; every person who accepts any such challenge; every person who knowingly forwards, carries or delivers any such challenge; and every person who bets, stakes or wagers any money or property upon the result of any such fight, or who undertakes to hold any money or property so betted, staked or wagered, to be delivered to or for the benefit of the winner thereof, is guilty of a misdemeanor.

What constitutes a challenge.
s. 487, Pen. C.

§ 6688. 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 6686, are deemed a challenge within the meaning of the last section.

Leaving the territory to engage in prize fight.
s. 488, Pen. C.

§ 6689. Every person who leaves this territory with the intent to elude any of the provisions of the last three sections, and to commit any act out of this territory such as is prohibited by them, and who does any act which would be punishable under these provisions, if committed within this territory, is punishable in the same manner as he would have been in case such act had been committed within this territory.

Place of trial.
s. 489, Pen. C.

§ 6690. Such person may be indicted and tried in any county within this territory.

Duty of peace officers.
s. 490, Pen. C.

§ 6691. It is the duty of all sheriffs, constables, policemen and watchmen, who have reasonable grounds to believe that any offense specified in section 6686 is about to be committed within their jurisdiction, to make complaint under the provisions of this act to some magistrate within their jurisdiction.

Neglect of duty by officer.
s. 491, Pen. C.

§ 6692. Every sheriff, constable, policeman or watchman, who wilfully neglects the duty prescribed by the last section, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, he forfeits his office.

Forcible entry and detainer.
s. 482, Pen. C.

§ 6693. Every person guilty of using, or procuring, encouraging or assisting another to use any force, or violence in

entering upon or detaining any lands or other possessions of

1104