This section was originally number four hundred and one, but was renumbered when the above amendment was adopted. § 4024. Unsafe scaffolding, penalty for erecting. 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 12 of "An act to establish and support a bureau of labor statistics," 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 12 of said act, shall be guilty of a misdemeanor. En. Stats. 1903, 216. § 403. § 404. § 405. § 406. § 407. § 408. § 409. § 410. § 411. § 412. § 413. § 414. § 415. § 416. § 417. § 418. § 419. § 420. § 403. TITLE XI. OF CRIMES AGAINST THE PUBLIC PEACE. Disturbance of public meetings, other than religious or political. "Riot" defined. Riot, punishment of. "Rout" defined. "Unlawful assembly" defined. Punishment of rout and unlawful assembly. Remaining present at place of riot, etc., after warning to disperse. Magistrates neglecting or refusing to disperse rioters. Consequence of resisting process after a county has been declared in a state of insurrection. Prize fights. Persons present at prize fights. Leaving the state to engage in prize fights. Refusing to disperse upon lawful command. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully. Forcible entry and detainer. Returning to take possession of lands after being removed by legal proceedings. Inciting riot. (Repealed.) 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. En. February 14, 1872. Section 59 refers to meetings of electors. § 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. En. February 14, 1872. Cal.Rep. Cit. 67, 418. Unlawful assembly: See sec. 407. § 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. En. February 14, 1872. § 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. En. February 14, 1872. § 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. En. February 14, 1872. § 408. Punishment of rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. En. February 14, 1872. § 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. En. February 14, 1872. § 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. En. February 14, 1872. § 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. En. February 14, 1872. See ante, sec. 148; post, sec. 731. § 412. Prize fights. Any person, who, within this state, engages in, instigates, aids, encourages, or does any act to further a contention or fight, without weapons, between two or more persons, or a fight commonly called a ring or prize fight, either within or without the state, or who engages in a public or private sparring exhibition, with or without gloves, within the state, or who sends or publishes a challenge or acceptance or [of] a challenge for such a contention, exhibition, or fight, or carries or delivers such a challenge or acceptance, or trains or assists any person in training or preparing for such a contention, exhibition or fight, shall be guilty of a felony, and upon conviction shall be fined not less than one thousand dollars nor more than five thousand dollars, and be imprisoned in the state prison not less than one year nor more than three years; provided, however, that sparring exhibitions, not to exceed a limited number of rounds with gloves of not less than five ounces each in weight may be held by a domestic incorporated club upon the prepayment by such club of an annual license to be fixed by the board of supervisors of cities and counties, or the city council or other governing bodies of incorporated cities. Said exhibitions must comply with the rules and regulations as the said supervisors, city councils or other governing bodies of cities and towns shall prescribe by ordinance; provided, further, that the boxers prior to each exhibition must be examined by a physician who shall determine whether or not they are in perfect physical condition. En. February 14, 1872. Am'd. 1899, 153; 1903, 409. Act to prohibit prize fighting: Prize Fighting. See post, Appendix, title § 413. Persons present at prize fights. Every person willfully present as a spectator at any fight or contention mentioned in the preceding section, is guilty of a misdemeanor. En. February 14, 1872. § 414. Leaving the state to engage in prize fights. Every person who leaves this state, with intent to evade any of the provisions of the last two sections, and to commit any act out of this state, such as is prohibited by them, and who does any act which would be punishable under these provisions, if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state. En. February 14, 1872. § 415. Disturbing the peace in night-time. Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight or fighting, or who on the public streets of any unincorporated town, or upon the public highways in such unincorporated town, runs any horse-race, either for a wager or for amusement, or fires any gun or pistol in such unincorporated town, or uses any vulgar, profane or indecent language within the presence or hearing of women or children, in a loud and boisterous manner, is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both fine and imprisonment, or either, Pen. Code-8 |