Page:1864-65 Territory of Dakota Session Laws.pdf/145

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PENAL CODE.
133

Sec 476. Whenever three or more persons, acting together, make any attempt or do any act towards the commission of an act which would be riot if actually committed, such assembly is a rout.

Sec. 477. 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 no act towards 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.

Sec. 478. Every assembly of three or more persons having their faces painted, discolored, colored or concealed, or being otherwise disguised in a manner adapted to prevent them from being identified, is an unlawful assembly.

Sec. 479. Every person who participates in any rout or unlawful assembly, is guilty of a misdemeanor.

Sec. 480. Every person being a proprietor, manager or keeper of any theater, circus, or public garden, public hall or premises, or other place of public meeting, resort or amusement whatever, for admission to which any price or payment is demanded, who permits therein any masquerade, or masked ball, or any assemblage of persons masked, is guilty of a misdemeanor, punishable by imprisonment in the territorial prison not exceeding two years, or in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than five hundred dollars or by both such fine and imprisonment.

Sec. 481. 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 to disperse the same, is guilty of a misdemeanor.

Sec. 482. 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 perɛons assist-