Page:1864-65 Territory of Dakota Session Laws.pdf/144

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182
PENAL CODE.

Section 492. Forcible entry and detainer.

493. Returning to take possession of lands after being removed by legal process.

494. Unlawful intrusions upon lands of another.

495. Discharging fire arms in public places.

496. Witness' privilege.

Sec. 473. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than such as are mentioned in sections 55, 79, and 359, of this Code, is guilty of a misdemeanor.

Sec. 474. Any use of force or violence, or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot.

Sec. 475 Every person guilty of participating in any riot is punishable as follows:

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 territory or of the United States, or to obstruct any public officer of this territory 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 territorial prison not exceeding ten years and not less than two.

3. If such person carried, at the time of such riot, any species of fire-arms, or other deadly or dangerous weapon, or was disguised, he is punishable by imprisonment in a territorial prison 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 territorial prison for not less than three years.

5. In all other cases such person is punishable as for a misdemeanor.