or typographical error; the code commissioner saying, "§ 4024 for purposes of convenience is renumbered 402a."

§ 402b. Diseased animal to be killed. Every animal having glanders or farcy shall at once be deprived of life by the owner or person having charge thereof, upon discovery or knowledge of its condition; and any such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 771.]

Legislation § 402b. 1. Added by Code Amdts. 1880, p. 41, as § 401. 2. Amended by Stats. 1891, p. 27, changing the section number from 401 to 4022.

3. Amendment by Stats. 1901, p. 461, changing the section number from 402% to 402b; unconstitutional. See note, § 5, ante.

4. Amended by Stats. 1905, p. 771, changing the section number from 402% to 402b.

$402c. Unsafe scaffolding, ladders, etc. Any person or corporation employing or directing another to do or perform any labor in the construction, alteration, repairing, painting or cleaning of any house, building or structure within this state, who knowingly or negligently furnishes or erects or causes to be furnished or erected for the performance of such labor, unsafe or improper scaffolding, slings, hangers, blocks, pulleys, stays, braces, ladders, irons, ropes or other mechanical contrivances, or who hinders or obstructs any officer attempting to inspect the same under the provisions of section "twelve" of "An Act to establish and support a bureau of labor statistics approved March 3, 1883, approved February 20, 1901," or who destroys, defaces, or removes any notice posted thereon by such officer, or permits the use thereof, after the same has been declared unsafe by such officer, contrary to the provisions of said section "twelve" of said act, shall be guilty of a misdemeanor. [Amendment approved 1909; Stats. 1909, p. 337.]

Legislation § 402c. 1. Added by Stats. 1903, p. 216, as § 402, and then had, between the words "the provisions of" and "or who destroys," these words, "section twelve of 'An Act to establish and support a bureau of labor statistics."

2. Amended by Stats. 1905, p. 771, (1) changing the section number from 4024 to 402c, and (2) differing from the section as added in 1903 and the amendment of 1909, in having between the words "the provisions of" and "or who destroys," these words, "An Act to amend an act entitled "An Act to establish and support a bureau of labor statistics, approved March 3, 1883," approved February 20, 1901,'"

3. Amended by Stats. 1909, p. 337.

§ 402d. Animals affected with contagious diseases to be kept within inclosure. Any person owning or having pos

session or control of any animal affected by any contagious or infectious disease, who fails to keep the same within an inclosure, or herd the same in some place where it is secure from contact with other animals of like kind not so affected, or who suffers such infected animal to be driven on the public highway or to range where it is likely to come in contact with other animals not so affected, is guilty of a misdemeanor, and punishable by a fine of not more than five hundred dollars for each offense.

Legislation § 402d. 1. Addition by Stats. 1901, p. 461, as § 402c; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 771, as § 402d; the code commissioner saying, "This is a codification of the statute of 1893, p. 302."

§ 402e. Infectious diseases must be reported. Any practitioner of veterinary medicine in the state of California who shall, upon gaining information thereof, fail to immediately report in writing to the state veterinarian the location, description, and name and address of the owner or person in charge, if known, of any animal or animals affected with any one of the following diseases: glanders, anthrax, blackleg, hog-cholera, swine-plague, verminous bronchitis, sheep-scab, mycotic lymphangitis, aphthous fever, or Texas fever shall be deemed guilty of a misdemeanor.

Another section of this number. See next section.

Legislation § 402e. Added by Stats. 1909, p. 451; approved March 19, 1909. Another section numbered 402e was added at the same session of the legislature in 1909; q. v., infra.

§402e. Laundry from hospitals. Every person who conducts, within the limits of any city and county or city or town or village, a public laundry who shall receive any linen or clothing or bedding or other articles for the purpose of cleaning the same, from any hospital or pest-house or sanitarium where contagious or infectious diseases are treated, or from any undertaking establishment or public morgue, or pest-house is guilty of a misdemeanor..

Another section of this number. See prior section.

Legislation § 402e. Added by Stats. 1909, p. 1063; approved April 22, 1909. Another section numbered § 402e was added at the same session of the legislature in 1909; q. v., supra.

TITLE XI.

Crimes against the Public Peace.

§ 403. Disturbance of public meetings, other than religious or polit

8408. Punishment of rout and unlawful assembly.

§ 409. Remaining present at place of riot, etc., after warning to dis

perse.

§ 410. Magistrates neglecting or refusing to disperse rioters.

§ 411. Consequence of resisting process after a county has been de

clared in a state of insurrection.

§ 412. Prize-fights prohibited.

8413. Persons present at prize-fights.

§ 413. Sparring exhibitions on Memorial Day or Sundays prohibited. $414. Leaving the state to engage in prize-fights.

§ 414a. Privilege of witness testifying.

$415.

Disturbing the peace.

$ 416. Refusing to disperse upon lawful command.

§ 417.

Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully.

§ 418. Forcible entry and detainer.

§ 419.

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

§ 420. Preventing person from entering upon public lands. § 421. National guard, discrimination against members of.

§ 403. Disturbance of public meetings, other than religious or political. 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 is mentioned in sections fifty-nine and three hundred and two, is guilty of a misdemeanor.

Disturbing a public meeting: See ante, § 58.

Legislation § 403. Enacted February 14, 1872; based on Field's Draft, § 473, N. Y. Pen. Code, §§ 274, 275. The code commissioners say: "The assembly specified in § 59 [the original code section of this number] is a meeting of electors held for the discussion of public questions, and in § 302, a religious meeting."

§ 404. "Riot" defined. Any use of force or violence, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.

Unlawful assembly: See post, § 407.

Legislation § 404. Enacted February 14, 1872; based on Field's Draft, § 474, N. Y. Pen. Code, § 449; Crimes and Punishment Act, § 116, as amended by Stats. 1855, p. 105, § 3.

§ 405. Riot, punishment of. Every person who participates in any riot is punishable by imprisonment in the county jail not exceeding two years, or by fine not exceeding two thousand dollars, or both.

Legislation § 405. Enacted February 14, 1872. (N. Y. Pen. Code, § 450.) The code commissioners say: "The punishment affixed to riot (Stats. 1855, p. 105, § 3), was the same as that affixed to rout, though the former offense included and was an aggravation of the latter. The commissioners have increased the maximum of the term from six months to two years, and the maximum of the fine from five hundred dollars to two thousand dollars, and have affixed to the crime of rout the same punishment as prescribed by existing laws."

§ 406. "Rout❞ defined. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout.

Legislation § 406. Enacted February 14, 1872; based on Crimes and Punishment Act, § 116, as amended by Stats. 1855, p. 106, § 3. The code commissioners say: "This corresponds with the commonlaw definition, but the riot which would ensue if the intended enterprise were carried into execution, is the riot defined in § 404, ante, and not the common-law riot," and cite Russell on Crimes, p. 253, and 4 Bl. Com., p. 140. See ante, Legislation § 405, code commissioners' note.

§ 407. "Unlawful assembly" defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.

Legislation § 407. Enacted February 14, 1872 (Field's Draft, § 477, N. Y. Pen. Code, §§ 451, 456); based on Crimes and Punishment Act, § 115, as amended by Stats. 1855, p. 106, § 3.

§ 408. Punishment of rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.

Legislation § 408. Enacted February 14, 1872; identical with Field's Draft, § 479; based on Crimes and Punishment Act, §§ 115, 116, as amended by Stats. 1855, p. 106, § 3. See ante, Legislation §§ 405-407.

§ 409. Remaining present at place of riot, etc., after warning to disperse. 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.

Legislation § 409. Enacted February 14, 1872; identical with Field's Draft, § 481, N. Y. Pen. Code, §§ 454, 455.

§ 410. Magistrates neglecting or refusing to disperse rioters. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.

Legislation § 410. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 216, § 43.

§ 411. Consequence of resisting process after a county has been declared in a state of insurrection. A person who, after the publication of the proclamation authorized by section seven hundred and thirty-two, resists or aids in resisting the execution of process in any county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to quell or suppress an insurrection, is punishable by imprisonment in the state prison not less than two years.

Resisting public officer: See ante, § 148.

Legislation § 411. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 217, § 50.

§ 412. Prize-fights prohibited. Any person, who, within this state, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, taking or to take place either within or without this state, between two or more persons, with or without gloves, for any price, reward or compensation, directly or indirectly, or who goes into training preparatory to such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as aider, abettor, backer, umpire, referee, trainer, second, surgeon, or assistant, at such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who sends or publishes a challenge or acceptance of a challenge, or who knowingly carries or delivers such challenge or acceptance, or who gives or takes or receives any tickets, tokens, prize, money, or thing of value, from any person or persons, for the purpose of seeing or witnessing any such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who, being the owner, lessee, agent, or occupant of any vessel, building, hotel, room, enclosure. or ground, or any part thereof, whether for gain, hire, reward or gratuitously or otherwise, permits the same to be used or occupied for such a pugilistic contest, or fight, or