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blies, how sup

10 Mass., 518

(5847.) SECTION 1. If any persons, to the number of twelve Unlawful assem or more, being armed with clubs, or other dangerous weapons, pressed. or if any persons, to the number of thirty or more, whether armed or not, shall be unlawfully, riotously, or tumultuously assembled in any city, township, or village, it shall be the duty of the Mayor and each of the Aldermen of such city, the Supervisor of such township, the President and each of the Trustees or members of the Common Council of such village, and of every Justice of the Peace, living in such city, township or village, and also of the Sheriff of the County and his deputies, to go among the persons so assembled, or as near to them as may be with safety, and in the name of the People of this State, to command all the persons so assembled immediately and peaceably to disperse.

(5848.) SEC. 2. If the persons so assembled shall not, upon Ibid. being so commanded, thereupon immediately and peaceably disperse, it shall be the duty of each of said magistrates and officers, to command the assistance of all persons there present, in seizing, arresting and securing in custody the persons so unlawfully assembled, so that they may be proceeded against for their offences according to law.

Refusal to aid of

Beer to disperse.

Neglect of offi

sers to suppress moba

Use of force to quell mobs.

Armed force who 1 obey.

(5849.) SEC. 3. If any person present, being commanded by any of the magistrates or officers aforesaid, to aid and assist in seizing and securing such rioters, or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, shall refuse or neglect to obey such command, or when required by any such magistrate or officer to depart from the place of such riotous or unlawful assembly, shall refuse or neglect so to do, he shall be deemed to be one of the rioters or persons unlawfully assembled, and shall be liable to be prosecuted and punished accordingly.

(5850.) Sec. 4. If any Mayor, Alderman, Supervisor, President, Trustee or member of a Common Council, Justice of the Peace, Sheriff, or deputy Sheriff, having notice of any such riotous or tumultuous and unlawful assembly as is mentioned in this chapter, in the city, township or village in which he lives, shall neglect or refuse immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or shall omit or neglect to exercise the authority with which he is invested by this chapter, for suppressing such riotous or unlawful assembly, and for arresting and securing the offenders, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding three hundred dollars.

(5851.) SEC. 5. If any persons, who shall be so riotously or unlawfully assembled, and who shall have been commanded to disperse, as before provided, shall refuse or neglect to disperse, without unnecessary delay, any two of the magistrates or officers before mentioned, may require the aid of a suflicient number of persons, in arms or otherwise, as may be necessary, and shall proceed in such manner as in their judgment shall be expedient, forthwith to disperse and suppress such unlawful, riotous or tumultuous assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law.

(5852.) SEC. 6. Whenever an armed force shall be called out in the manner provided by law for the purpose of sup pressing any tumult or riot, or to disperse any body of men acting together by force, and with intent to commit any felony, or to offer violence to persons or property, or with intent, by force or violence, to resist or oppose the execution of the laws of this State, such armed force, when they shall arrive at the place of such unlawful, riotous or tumultuous assembly, shall obey such orders for suppressing the riot or tumult, and for

dispersing and arresting all persons who are committing any of the said offences, as they may have received from the Governor, or from any Judge of a Court of Record, or the Sheriff of the County, and also such further orders as they shall there receive from any two of the magistrates or officers mentioned in the first section of this chapter.

if death ensue;

(5853.) Sec. 7. If, by reason of any of the efforts made by officers guiltless any two or more of the said magistrates or officers, or by their rioters severally direction, to disperse such unlawful, riotous or tumultuous responsible. assembly, or to seize and secure the persons composing the same, who have refused to disperse, though the number remaining may be less than twelve, any such person, or any other persons there present as spectators or otherwise, shall be killed or wound-d, the said magistrates and officers, and all persons assisting by their order, or under their direction, shall be held guiltless and fully justified in law; and if any of the said magistrates or officers, or any person acting by their order, or under their direction, shall be killed or wounded, all the persons so unlawfully, riotously or tumultuously assembled, and all other persons who, when commanded or required, shall have refused to aid or assist the said magistrates or officers, shall be held answerable therefor.

stroying dwell

er property.

(5854.) SEC. 8. If any of the persons so unlawfully assem- Riotously debled, shall demolish, pull down or destroy, or shall begin to ing house or othdemolish, pull down or destroy any dwelling house or any other building, or any ship or vessel, he shall be punished by imprisonment in the State prison not more than five years, or by a fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year, and shall be answerable to any person injured, to the full amount of the damage, in an action of trespass.

to violate treaty,

1841, p. 138.

(5855.) SEC. 9. If any person shall incite, or attempt to in citing Indians incite, any Indian nation, tribe, chief or individual, to violate etc. any treaty of peace with any other Indian nation or tribe, or with the United States, or to disturb the peace and tranquility existing between any Indian nation or tribe, and any other Indian nation or tribe, or the people of the United States, or shall incite or attempt to incite any Indian nation, tribe, chief or individual to violate any law of the United States, or of this State, he shall be punished by imprisonment in the State prison not more than five years, or by a fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year.

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Adultery, pun

ishment of.

Chapter One Hundred and Fifty-Eight of the Revised Statutes of 1846.

(5856.) SECTION 1. Every person who shall commit adultery, 2 Cushing, 551. shall be punished by imprisonment in the State prison not more than three years, or by a fine not exceeding five hundred dollars, or imprisonment in the county jail not more than one year; and when the crime is committed between a married woman and a man who is unmarried, the man shall be deemed guilty of adultery, and liable to the same punishment.

"Adultery" defined.

(5857.) SEC. 2. The term "adultery," as used in this chapter, has the same meaning as when used in reference to the causes of a divorce, and the same which it bears according to the common usage of the language.

when prosecution

(5858.) SEC. 3. No prosecution for adultery shall be com- By whom and menced but on the complaint of the husband or wife; and no to be commenc such prosecution shall be commenced after one year from the time of committing the offence.

ed.

1 Pick., 136.

433.

2 Cushing, 553.

(5859.) SEC. 4. If any person who has a former husband or Polygamy. wife living, shall marry another person, or shall continue to 8 do. cohabit with such second husband or wife, in this State, he or she shall, except in the cases mentioned in the following section, be deemed guilty of the crime of polygamy, and shall be punished by imprisonment in the State prison not more than five years, or in the county jail not more than one year, or by fine not exceeding five hundred dollars.

(5860.) SEC. 5. The provisions of the preceding section shall Excepted cases. not extend to any person whose husband or wife shall have been continually remaining beyond sea, or shall have voluntarily withdrawn from the other and remained absent for the space of five years together, the party marrying again not knowing the other to be living within that time, nor to any person who shall have good reason to believe such husband or wife to be dead, nor to any person who has been legally divorced from the bonds of matrimony, and was not the guilty cause of such divorce.

ous cohabitation,

1 Mass., 8.

(5861.) SEC. 6. If any man and woman, not being married Lewd and lascivi to each other, shall lewdly and lasciviously associate and etc. cohabit together, or if any man or woman, married or unmar-10 do. 153. ried, shall be guilty of open and gross lewdness and lascivious behavior, or shall designedly make any open and indecent or obscene exposure of his or her person, or of the person of another, every such person shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

punished.

1 Wis. Rep., 209.

(5862.) Sec. 7. If any man shall seduce and debauch any seduction; how unmarried woman, he shall be punished by imprisonment in S4, p. 6, ete. the State prison not more than five years, or by imprisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars; but no prosecution shall be commenced under this or the last preceding section, after one year from the time of committing the offence.

mother of death

(5963.) SEC. 8. If any woman shall conceal the death of any concealment by issue of her body, which, if born alive, would be a bastard, s0 of bastard child that it may not be known whether such issue was born alive. or not, or whether it was not murdered, she shall be punished

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