OFFENCES AGAINST PUBLIC PEACE. 227 sheriff, deputy sheriff, coroner or constable, he shall, on conviction, CHAP. 7. one's self to cer. SEC. 19. Every person who shall in any manner disguise himself, Disguising, with intent to obstruct the due execution of the law, or with in- obstruct offitent to intimidate, hinder, or interrupt any officer, or any other person in the legal performance of his duty, or the exercise of his rights under the laws of the United States, or of this territory, whether such intent shall be effected or not, shall be punished, on conviction, by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred, nor less than fifty dollars. and com fences, &c. SEC. 20. If any person, having knowledge of the commission of Concealing any offence, shall take any money, gratuity, reward, or any en- pounding of gagement therefor, upon an agreement or understanding, express or implied, to compound or conceal such offence, or not to prosecute therefor, or not give evidence thereof, he shall, where such offence was punishable with death, upon conviction, be punished by imprisonment in the penitentiary, not more than two years, nor less than six months; and where the offence was punishable in any other manner, he shall be punished by imprisonment in the county jail not more than six, nor less than three months, or by fine not exceeding two hundred, nor less than fifty dollars. ward to neg- SEC. 21. If any sheriff, constable, or other officer, authorized to officers reserve legal process, shall receive from a defendant, or any other ceiving reperson, any money or other valuable thing, as a consideration, re- lect duty. ward, or inducement for delaying or omitting to arrest any defendant, or to carry him before a magistrate, or for delaying to take any person to prison, or for postponing the sale of any property under an execution, or for omitting or delaying to perform any duty pertaining to his office, he shall, on conviction, be punished by imprisonment in the county jail not more than one year, nor less than three months, or by fine not exceeding five hundred, nor less than fifty dollars. CHAPTER VII. OFFENCES AGAINST PUBLIC PEACE. SEC. 1. Unlawful assemblage, how suppressed. 3. Neglect of officer, how punished. 4. Duties of officers when rioters refuse to disperse. 5. Armed force when called out to obey certain civil officers. 6. When officer to be considered guiltless if death ensues. how sup SECTION 1. If any persons, to the number of three or more, Unlawful aswhether armed or not, shall be unlawfully, riotously or tumultu- semblages ously assembled in any city, town, or county, it shall be the duty pressed." of the mayor and each of the aldermen and councilmen of such CHAP. 7. city, and of every justice of the peace, living in such city or town, and of the sheriff of the county, and his deputies, and also of every constable and coroner, living in such city or town, to go among the persons so assembled, or as near them as may be with safety, and in the name of the territory of Oregon, to command all the persons so assembled, immediately and peaceably to disperse; and if the persons so assembled, shall not thereupon immediately and peacea bly disperse, it shall be the duty of each of the 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 with according to law. Refusing to SEC. 2. If any persons present, being commanded by any of the magistrates or officers mentioned in the preceding section, to aid and assist in seizing and securing such rioters, or persons unlawfully assembled, or in suppressing such riot or unlawful assembly, shall refuse or neglect to obey such command, he shall be deemed to be one of the rioters or persons unlawfully assembled, and shall be liable to be prosecuted therefor, and punished accordingly. assist when required. Neglect officer, how of SEC. 3. If any mayor, councilman, justice of the peace, sheriff, punished. deputy sheriff, constable or coroner, having notice of such riotous or tumultuous and unlawful assembly, as is mentioned in this chapter, in the city, town or county 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 be punished by a fine not exceeding five hundred dollars. Duty of offiwhen cers rioters SEC. 4. If any persons who shall be so riotously and unlawfully re-assembled, and who shall have been commanded to disperse as befers to dis- fore provided, shall refuse or neglect to disperse without unneces perse. when called certain civil officers. sary delay, any two of the officers or magistrates before mentioned, may require the aid of a sufficient number of persons, in arms or otherwise, as may be necessary, and shall proceed in such manner as in their judgment shall be deemed 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. Armed force SEC. 5. Whenever an armed force shall be called out, for the out to obey purpose of suppressing any tumult or riot, or dispersing any body of men, acting together by force, 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 territory, 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 the persons who are committing any of the said of fences, 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 there shall receive from any two of the CHAP. 8. magistrates or officers mentioned in the first section. when guilt ensue. SEC. 6. If, by reason of any of the efforts made by Officers of the any said magistrates or officers, or by their direction, to disperse such less, if death unlawful, riotous or tumultuous 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 other persons, then present as spectators or otherwise, shall be killed or wounded, the said magistrates and officers, and all persons acting 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 and tumultuously assembled, shall be held answerable therefor. destroying SEC. 7. If any of the persons so unlawfully assembled, shall de- Riotously molish, pull down or destroy, or begin to demolish, pull down or house, &c. destroy any dwelling-house, or any other building, or any ship, steamboat or vessel, or do any other unlawful act, he shall, on conviction, be punished by imprisonment in the penitentiary not more than three years, or in the county jail, not exceeding one year, or by fine, not exceeding one thousand dollars. CHAPTER VIII. OFFENCES AGAINST PUBLIC POLICY. SEC. 1. Setting up or promoting illegal lotteries. 3. Second conviction. 4. Advertising lottery tickets, &c. 5. Making and selling tickets in fictitious lotteries. 6. Defendant to prove genuineness of ticket. 7. Prizes forfeited to the territory. promoting SECTION 1. Every person who shall promote or set up any lottery Setting up or for money, or shall dispose of any property of value, real or per- illegal lotsonal, by way of lottery; and every person who shall aid, either teries. by printing or writing, or shall in any way be concerned in setting up, managing, or drawing any such lottery; or who shall, in any house, shop or building, owned or occupied by him, or under his control, knowingly permit the setting up, managing or drawing of any such lottery, or the sale of any lottery tickets, or share of a ticket, or any other writing, certificate, bill, token, or any other device, purporting or intended to entitle the holder, bearer or any other person, to any prize or interest, or share of any prize to be drawn in a lottery, shall, for every such offence, upon conviction, be punished by imprisonment in the penitentiary not more than one year, nor less than six months, or by a fine not exceeding one thousand, nor less than fifty dollars. SEC. 2. Every person who shall sell, either for himself or for selling lot any other person, or shall offer for sale, or shall have in his pos tery tickets or aiding Denio, 101; CHAP. 8. session, with intent to sell, or offer for sale, or to exchange or netherein. 8 gotiate, or shall in any wise aid or assist in the selling, negotiating Barb, 313 or disposing of a ticket, in any such lottery, or a share of a ticket, 1 Comst. 180. or any such writing, certificate, bill, token, or other device as is mentioned in the preceding section, shall, on conviction, be punished by fine not exceeding one thousand, nor less than fifty dollars. Second con viction. SEC. 3. If any person shall, after being convicted of any offence mentioned in the preceding sections, commit the like offence a a second time, he shall be punished by imprisonment in the penitentiary not more than two years, nor less than one year. Advertising Denio, 212. lottery tick- SEC. 4. Every person who shall advertise any lottery ticket, or ets, &c. 3 any share in such ticket, for sale, either by himself or any other person, or who shall set up or exhibit any sign, symbol, or any emblematic, or other representation of a lottery, or of the drawing thereof, or any such writing, certificate, bill, token, or other device before mentioned, or where the same may be purchased or obtained, or shall in any way invite or entice any other person to purchase or receive the same, shall, on conviction, be punished by fine not exceeding two hundred, nor less than twenty-five dollars. Making or selling tick ies. SEC. 5. Every person who shall make or sell, or shall have in ets, in ficti- his possession with intent to sell, exchange or negotiate, or who shall, by printing, writing, or otherwise, assist in making or selling, or in attempting to sell, exchange or negotiate any false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token, or other device before mentioned, or any ticket, or share thereof, in any fictitious or pretended lottery, knowing the same to be false or fictitious, or who shall receive any money, or other thing of value, for any such ticket or share of a ticket, or for any such writing, certificate, bill, token, or other device, purporting that the owner, bearer, or holder thereof, shall be entitled to receive any price, or anything of value, that may be drawn in any lottery, knowing the same to be false or fictitious, shall, for every such offence, on conviction, be punished by imprisonment in the penitentiary, not exceeding two years nor less than six months. Defendant to SEC. 6. Upon a trial of an indictment for either of the offences mentioned in the preceding section, any ticket or share of a ticket, or any other writing or thing before mentioned, which the defendant shall have sold, or offered for sale, or for which he shall have received any valuable consideration, shall be deemed to be false, spurious or fictitious, unless such defendant shall prove the same to be true and genuine, and to have been duly issued by the authority of some Legislature, within the United States, and that such lottery was existing and undrawn, and such ticket, or share thereof, or other writing or thing before mentioned, was issued by lawful authority and binding upon the person who issued the same. prove ticket genuine. SEC. 7. All sums of money, and every other valuable thing drawn as a prize or share of a prize in any lottery, by any person being an inhabitant, or resident within this territory, and all sums of money, and other things of value received by such person, by reason of his being the owner or holder of any ticket, or share of a ticket, in any lottery or pretended lottery, contrary to the pro- CHAP. 9, 10. CHAPTER IX. OFFENCES AGAINST PUBLIC CONVENIENCE. SEC. 1. Obstructing highways. 2. Discharging ballast in navigable waters. SECTION 1. Every person, who shall in any manner obstruct Obstructing any highways. public highway, turnpike, plank road or bridge, or injure any materials used in the construction of such road or bridge, or injure any materials used in the construction of such road or bridge, shall, on conviction, be punished by a fine not exceeding five hundred, nor less than twenty-five dollars. ballast water. SEC. 2. Every master, mate, or other officer of a vessel, and every Discharging other person who shall discharge the ballast of such vessel into navigable the navigable portions, or channels of any of the bays, harbors or rivers of this territory, so as to obstruct navigation, shall, on conviction, be punished by a fine not exceeding one thousand, nor less than one hundred dollars. in CHAPTER X. GAMING. SEC. 1. All gaming tables prohibited. 2. Dealing at faro, or forty-eight, or keeping gambling devices. 3. Person betting, how liable. bles, etc., SECTION 1. All E. O. or rolette tables, faro or faro banks, and Gaming ta all gaming with cards, gaming tables or gambling devices whatever, are hereby prohibited from being set up or used for gamingdaled or gambling purposes in this territory. ty-eight. SEC. 2. Every person who shall deal cards at the game called Faro, or forfaro, or forty-eight, whether the same shall be dealt with fifty-two, or any other number of cards, and every person who shall keep, to be used in gaming, any gambling device whatever, designed to be used in gaming, shall forfeit the same on conviction, and be punished by fine not more than one hundred, nor less than fifty dollars. SEC. 3. Every person who shall bet any money or other prop Betting. erty, at or on any gaming table, bank, or gambling device, prohib |