Page:Revised Codes of the State of North Dakota 1895.pdf/1331

Crimes Against Public Peace. 1. If any murder, maiming, robbery, rape or arson was committed in the course of such riot, such person is punishable in the same manner as a principal in such crime.

2. If the purpose of the riotous assembly was to resist the execution of any statute of this state or of the United States, or to obstruct any public officer of this state or of the United States, in the performance of any legal duty or in serving or executing any legal process, such person is punishable by imprisonment in the penitentiary not exceeding ten years and not less than two.

3. If such person carried, at the time of such riot, any species of firearms or other deadly or dangerous weapon, or was disguised, he is punishable by imprisonment in the penitentiary not exceeding ten years and not less than two.

4. If such person directed, advised, encouraged or solicited other persons, who participated in the riot, to acts of force or violence, he is punishable by imprisonment in the penitentiary for not less than three years. 5. In all other cases such person is punishable as for a misdemeanor.

§ 7342. Rout defined. Whenever three or more persons, acting together, make any attempt to do any act toward the commission of an act which would be riot if actually committed, such assembly is a rout.

§ 7343. Unlawful assembly defined. Misdemeanor. Whenever three or more persons assemble with intent or with means and preparations to do an unlawful act which would be riot if actually committed, but do not act toward the commission thereof, or whenever such persons assemble without authority of law, and in such a manner as is adapted to disturb the public peace or excite public alarm, such assembly is an unlawful assembly,

§ 7344. Rout or unlawful assembly, misdemeanor. Every person who participates in any rout or unlawful assembly, is guilty of a misdemeanor, and 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 ta disperse the same, is guilty of a misdemeanor.

§ 7345. Remaining after unlawful purpose disclosed. When 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.

§ 7346. Refusing to arrest rioter. Every person present at any riot, and lawfully commanded 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.

§ 7347. Resisting execution of process. Every person who resists, or enters into a combination with any other person to resist the execution of any legal process, under circumstances not amount- ing 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.

§ 7348. Engaging in prize fight. Every person who engages in, instigates, encourages or promotes, any ring or prize fight or any 1297