than one year, or by fine not exceeding five hundred dollars, and may also be bound to good behavior for the term of one year, after conviction of the offence, or after the expiration of such imprisonment.

compounding of

16 Mass.,

91.

(5839.) SEC. 20. If any person, having knowledge of the com- Concealing and. mission of any offence punishable with death, or by imprison- fence. ment in the State prison, shall take any money, or any gratuity' or reward, or any engagement therefor, upon an agreement or understanding, express or implied, to compound or conceal such offence, or not to prosecute therefor, or not to give evidence thereof, he shall, when such offence of which he had knowledge, was punishable with death, or imprisonment in the State prison for life, be punished by imprisonment in the State prison not more than five years, or in the county jail not more than one year; and where the offence, of which he so had knowledge, was punishable in any other manner, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars. (5840.) SEC. 21. If any Sheriff, Coroner, Constable or other officers omitting officer authorized to serve legal process, shall receive from a defendant, or from any other person, any money or other valuable thing, as a consideration, reward or inducement, for omitting or delaying 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 be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars.

duty for reward.

1 Mass., 227.

16 do.

523.

93.

(5841.) SEC. 22. If any person shall willfully and corruptly oficial extortion. demand and receive from another, for performing any service 2 do. or any official duty, for which the fee or compensation is established by law, any greater fee or compensation than is allowed or provided for the same, he shall be deemed to have committed the offence of extortion, and shall be punished by a fine not exceeding one hundred dollars; but no prosecution for such offence shall be sustained, unless it shall be commenced within one year next after the offence was committed.

iff, etc., in the

cess.

(5842.) SEc. 23. If any person shall knowingly and willfully obstructing Sherobstruct, resist or oppose any Sheriff, Coroner, Constable or execution of proother officer or person duly authorized, in serving or attempting 1810, p. 42, Sec. to serve or execute any process, rule or order, made or issued 3 Gilman, 76, by lawful authority, or shall assault, beat or wound any Sheriff,

2.

356.

Breaking prison. 1840, p. 43, Sec. 4..

Neglect by public officers.

Certain acts misdemeanors.

Punishment for misdemeanor.

Coroner, Constable or other officer duly authorized, while serving or attempting to serve or execute any such process, rule or order, or for having served or attempted to serve or execute the same, every person so offending shall be punished by imprisonment in the State prison not more than two years, or by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

(5843.) SEC. 24. If any person, being imprisoned in the State prison for any term less than for life, shall break prison and escape, or break prison, though no escape shall actually be made, or shall, by force and violence, attempt to escape therefrom, he shall be punished by further imprisonment in the State prison not more than three years, or by fine not exceeding five hundred dollars; and every prisoner who shall actually escape as aforesaid, shall, after his return to such prison, be imprisoned for as long a time as remained unexpired of his former sentence, at the time of such escape, besides such further term of imprisonment as aforesaid.

(5844.) SEC. 25. When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be deemed a misdemeanor.

(5845.) SEC. 26. When the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor.

(5846.) SEC. 27. Every person who shall be convicted of a misdemeanor, the punishment of which is not otherwise prescribed by any statute, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment.

blies, how sup

10 Mass.,

518

(5847.) SECTION 1. If any persons, to the number of twelve Unlawful assemor more, being armed with clubs, or other dangerous weapons, pressed. or if any persons, to the number of thirty or more, whether armed or not, shall be unlawfully, riotously, or tumultuously assembled in any city, township, or village, it shall be the duty of the Mayor and each of the Aldermen of such city, the Supervisor of such township, the President and each of the Trustees or members of the Common Council of such village, and of every Justice of the Peace, living in such city, township or village, and also of the Sheriff of the County and his deputies, to go among the persons so assembled, or as near to them as may be with safety, and in the name of the People of this State, to command all the persons so assembled immediately and peaceably to disperse.

(5848.) SEC. 2. If the persons so assembled shall not, upon Ibid. being so commanded, thereupon immediately and peaceably disperse, it shall be the duty of each of said 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 against for their offences according to law.

Refusal to aid of

fcer to disperse.

Neglect of offi

sers to suppress mobs.

Use of force to quell mobs.

Armed force who t obey.

(5849.) SEC. 3. If any person present, being commanded by any of the magistrates or officers aforesaid, to aid and assist in seizing and securing such rioters, or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, shall refuse or neglect to obey such command, or when required by any such magistrate or officer to depart from the place of such riotous or unlawful assembly, shall refuse or neglect so to do, he shall be deemed to be one of the rioters or persons unlawfully assembled, and shall be liable to be prosecuted and punished accordingly.

(5850.) Sec. 4. If any Mayor, Alderman, Supervisor, President, Trustee or member of a Common Council, Justice of the Peace, Sheriff, or deputy Sheriff, having notice of any such riotous or tumultuous and unlawful assembly as is mentioned in this chapter, in the city, township or village 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 shall be punished by a fine not exceeding three hundred dollars.

(5851.) SEC. 5. If any persons, who shall be so riotously or unlawfully assembled, and who shall have been commanded to disperse, as before provided, shall refuse or neglect to disperse, without unnecessary delay, any two of the magistrates or officers 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 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.

(5852.) SEC. 6. Whenever an armed force shall be called out in the manner provided by law for the purpose of suppressing any tumult or riot, or to disperse any body of men acting together by force, and 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 State, 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 persons who are committing any of the said offences, 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 shall there receive from any two of the magistrates or officers mentioned in the first section of this chapter.

if death ensue;

responsible.

(5853.) Sec. 7. If, by reason of any of the efforts made by officers guiltless any two or more of the said magistrates or officers, or by their rioters severally direction, to disperse such 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 any other persons there present as spectators or otherwise, shall be killed or wound-d, the said magistrates and officers, and all persons assisting 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 or tumultuously assembled, and all other persons who, when commanded or required, shall have refused to aid or assist the said magistrates or officers, shall be held answerable therefor.

stroying dwell

er property.

(5854.) SEC. 8. If any of the persons so unlawfully assem- Riotously debled, shall demolish, pull down or destroy, or shall begin to ing house or othdemolish, pull down or destroy any dwelling house or any other building, or any ship or vessel, he shall be punished by imprisonment in the State prison not more than five years, or by a fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year, and shall be answerable to any person injured, to the full amount of the damage, in an action of trespass.

to violate treaty,

1841, p. 138.

(5855.) SEC. 9. If any person shall incite, or attempt to In citing Indians incite, any Indian nation, tribe, chief or individual, to violate etc. any treaty of peace with any other Indian nation or tribe, or with the United States, or to disturb the peace and tranquility existing between any Indian nation or tribe, and any other Indian nation or tribe, or the people of the United States, or shall incite or attempt to incite any Indian nation, tribe, chief or individual to violate any law of the United States, or of this State, he shall be punished by imprisonment in the State prison not more than five years, or by a fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year.