blies armed.

SECTION 1. If any persons, to the number of twelve or more, Riotous as-embeing armed with clubs or other dangerous weapons, or if any persons, to the number of thirty or more, whether armed or not, are unlawfully, riotously or tumultuously assembled in any city or town, it shall be the duty of the mayor and of each of the aldermen of such city, and of each of the selectmen of such town, and of every Justice of the Peace living in any such city or town, 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 State, to command all the persons so assembled immediately and peaceably to disperse; and if such persons do not thereupon immediately and peaceably disperse, it shall be the duty of each Duty of officers. of said magistrates and officers to command the assistance of all persons there present in seizing, arresting and securing such persons in custody so that they may be proceeded with for their offence according to law. (a)

command of

SEC. 2. If any person present, being commanded by any of Persous failing the magistrates or officers mentioned in the preceding section to aid upon to aid and assist in seizing and securing such rioters or per- officers. sons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such magistrate or officer to depart from the place, refuses or neglects so to do, he shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly. (a)

their authority.

SEC. 3. If any mayor, alderman, selectman, Justice of the officers omitPeace, sheriff or deputy sheriff, having notice of any such ting to exercise riotous or tumultuous and unlawful assembly in the city or town in which he lives, neglects or refuses immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or omits or neglects to exercise the authority with which he is invested by this chapter for suppressing such assembly, and for arresting and securing the offenders, he shall be punished by fine not exceeding three hundred dollars. (a) SEC. 4. If any persons who are so riotously or unlawfully Rioters failing assembled, and who have been commanded to disperse as be- to disperse fore provided, 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 is expedient, forthwith to disperse and suppress such assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law. (a)

upon command.

force called out to suppress riot.

SEC. 5. When any armed force is called out to suppress a Resistance of tumult or riot, or to disperse any body of men acting together by force and with intent to commit a felony or to offer violence to persons or property, or with intent by force or violence to

(a) Secs. 1, 2, 3 and 4, Sub-Chap. 7, Chap. 1637, Act of Aug. 6, 1888.

When magis.

Fons excused

for killing.

resist or oppose the execution of the laws of this State, arrives at the place of such unlawful, riotous or tumultuous assembly, they shall obey such orders for suppressing the riot or tumult, and for dispersing and arresting all persons who are committing any of said offences, as they have received from the Governor, or any Judge of a court of record, or the sheriff of a county, and also such orders as they there receive from any two of the magistrates or officers before mentioned. (a)

SEC. 6. If, by reason of the efforts made by any two or more trates and per- of said magistrates or officers, or by their direction, to disperse such 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 person then present is killed or wounded, the magistrates and officers and all persons acting by their order, or under their directions, and all persons acting under the two preceding sections, shall be held guiltless and fully justified in law; and if any of said magistrates or officers, or any person acting under or by the direction of any of the officers before mentioned, is killed or wounded, all persons so assembled, and all other persons who, when commanded or required, refused to aid and assist said magistrates or officers, shall be held answerable therefor. (a)

Persons killing magistrate.

Riot and affray.

Unlawful mili

tion.

SEC. 7. Any person or persons convicted of a riot, or an affray, shall be fined in a sum not exceeding five hundred dollars, or be imprisoned not exceeding twelve months, at the discretion of the court. (b)

SEC. 8. If any person shall form any military organization tary organiza in this State, not authorized by law, or shall participate or aid or abet in the formation of such organization, he shall be deemed to be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceeding six months, or shall be made to stand in the pillory for one hour, and be whipped, not exceeding thirty-nine stripes, at the discretion of the court: Provided, That if the person so convicted shall, upon the trial, be proved to have accepted an office in such organization, the penalties herein provided may be increased three-fold, at the discretion of the court. (c)

Riotous persons

injuring prop

erty beyond the value of fifty

dollars, city to be responsible

SEC. 9. When property of the value of fifty dollars or more is destroyed, or property is injured to that amount, by any persons to the number of twelve or more, riotously, rantously or tumultuously assembled, the city or town within which the property was situated shall be liable to indemnify the owner thereof, to the amount of three-fourths of the value of the property destroyed, or of the amount of such injury thereto, to be recovered in an action of tort: Provided, That the owner of Duty of owner. such property uses all reasonable diligence to prevent its de

for.

(a) Secs. 5 and 6, Sub-Chap. 7, Chap.

1637, Act of Ang. 6, 1868.

(b) Sec. 35, Act of Feb. 10, 1832.

(c) Sec. 15, Chap. 1466, Act of Jan. 15. 1866.

struction or injury, and to procure the conviction of the offenders. (d)

of rioters.

SEC. 10. A city or town, which pays any sum under the pro- May recover visions of the preceding section, may recover the same against any or all of the persons who destroyed or injured such property. (d)

of the peace,

SEC. 11. Whoever, whenever arrested upon a warrant of a Persons enmagistrate issued against him for an alleged offence against gaged in breach the laws of this State, and whoever when arrested by a sheriff, having weapons deputy sheriff, constable, police officer, or watchman, while committing a criminal offence against the laws of this State, or a breach or disturbance of the public peace, is armed with, or has on his person, slung shot, metallic knuckles, billies or other dangerous weapon, shall be punished by fine not exceeding fifty dollars, and by imprisonment in the county jail not exceeding one year. (d)

SEC. 12. Whoever manufactures, or causes to be manufac- Sellers of tured, or sells, or exposes for sale, any instrument or weapon slung-shot. of the kind usually known as slung shot, or metallic knuckles, shall be punished by fine not less than fifty dollars, or by imprisonment in the county jail not exceeding six months. (d)

SEC. 13. Whoever shall carry arms of any kind whatever, Carrying secretly, on or about their person, or whoever shall have about secret arms. or on their person any dirk, pistol or other arm or weapon, except a common pocket-knife, upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, or imprisoned in the county jail not exceeding six months. (d)

12 Fla., 135.

SEC. 14. Any person convicted of the publication of a libel Libel. shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. (d)

3. Penalty for selling lottery sale of land. tickets.

4. Penalty for second offence.

5. All lottery prizes to be for

feited.

9. Penalty for selling by false weights.

10. Common cheat defined, and penalty for being.

(d) Secs. 8, 9, 10, 11, 14 and 15, Sub-Chap. 7, Chap. 1637, Act of Aug. 6, 1868.

Lotteries.

Owner of building used for lottery purposes.

Selling lottery tickets.

11. Penalty for purchase of agricultural productions unless under certain conditions.

12. Penalties for unjust discrimination by railroad companies in this State.

13. Penalty for intoxication of conductors and other officers.

14. Distilling grain forbidden. 15. Shippers of sailors, &c., forbidden to board vessels. 16. Penalty therefor.

SECTION 1. Whoever sets up or promotes any lottery for money, or by way of lottery disposes of any property of value, real or personal; or under the pretext of a sale, gift, or delivery of any other property, or any right, privilege, or thing whatever, disposes of, or offers, or attempts to dispose of any real or personal property, with an intent to make the disposal of such real or personal property dependent upon or connected with any chance by lot, dice, numbers, game, hazard, or other gambling device, whereby such chance or device is made an additional inducement to the disposal or sale of said property; and whoever aids, either by printing or writing, or is in any way concerned in the setting up, managing or drawing of any such lottery, or in such disposal, or offer, or attempt to dispose of property by any such chance or device, shall for each offence be punished by fine not exceeding two thousand dollars. (a)

SEC. 2. Whoever, in a house, shop, or building, owned or occupied by him, or under his control, knowingly permits the setting up, managing or drawing of such lottery, or such disposal or attempt to dispose of property, or the sale of a lottery ticket, or share of a ticket, or any other writing, certificate, bill, token or other device, purporting or intended to entitle the holder, bearer or any other person, to a prize, or to a share of or interest in a prize, or to be drawn in a lottery, or in such disposal of property; and whoever knowingly suffers money or other property to be raffled for in such house, shop, or building, or to be won there by throwing or using dice, or by any other game of chance, shall for each offence be punished by fine not exceeding two thousand dollars. (a)

SEC. 3. Whoever sells, either for himself or another person, or offers for sale, or has in his possession with intent to sell or offer for sale, or to exchange or negotiate, or in any wise aids or assists in the selling, negotiating, or disposing of, a ticket in any such lottery, or a share of a ticket, or any such writing, certificate, bill, token, or other device, or any share or right in such disposal or offer, as is mentioned in section one, shall for each offence be punished by fine not exceeding two thousand dollars. (a)

SEC. 4. Whoever, after being convicted of an offence menSecond offence. tioned in either of the preceding sections, commits the like offence, or any other of the offences therein mentioned, shall in addition to the fine before provided therefor, be punished by

(a) Secs. 1, 2 and 3, Sub-Chap. 10, Chap. 1637, Act of Aug. 6, 1868.

imprisonment in the county jail not exceeding one year. (a)

SEC. 5. All sums of money and every other valuable thing All prizes drawn as a prize or as a share of a prize in any lottery, and all forfeited. property to be disposed of, or offered to be disposed of by any chance or device under the pretext mentioned in section one, by any person being an inhabitant or resident within this State, and all sums of money or other things of value received by any such person, by reason of his being the owner or holder of any ticket or share of a ticket in a lottery, or pretended lottery, or of a share or right in any such scheme of chance or such device, contrary to the provisions of this chapter, shall be forfeited, and may be recovered by an information filed, or by an action for money had and received, brought by the Attorney-General, or any State Attorney or other prosecuting officer in the name and on behalf of the State. (a)

Gaming.

SEC. 6. If any person, by himself or herself, servant or Gaming other agent, shall have, keep, exercise or maintain a gaming table, &c. table or room, or any house, booth, tent, shelter, or other place, for the purpose of gaming, or in any place of which he or she may have the charge, control or management, shall procure, suffer or permit any person or persons to play for money or other valuable thing or things, at any game whatsoever, whether heretofore prohibited or not, he, she or they so offending shall on conviction pay a fine not exceeding one thousand Punishment. dollars, or be imprisoned in the county jail not less than six months nor more than one year, or by both fine and imprisonment, at the discretion of the court: Provided, That nothing in this section shall be so construed as to prohibit persons en- License. gaged in any business now licensed by the laws of Florida from conducting the same until the expiration of their licen

ses therefor.

(b)

operators.

SEC. 7. No officer or person in the employ of any telegraph Disclosing company, or any person in charge of any office or place where messages by messages are being sent or received by magnetic telegraph, shall disclose to any person other than the person to whom any telegraphic message may be directed, or in any manner make known to any other person, any part of the contents of any communication sent or received by means of any telegraph line in this State, without the consent of the person sending, or for whom such message be received; and any person who shall violate the provisions of this section shall be punished by imprisonment in the county jail not exceeding six months, and by fine not exceeding five hundred dollars; but this section shall not be construed to prevent the delivery of any such telegraphic message to the partner, confidential clerk or family of any person to whom such message may be directed. (c)

SEC. 8. If any person, at or before any public sales of land Unfair practhat may, by order of the general government, take place in tices at land

(a) Secs.

and 6, Sub-Chap. 10, Chap. (b) Sec. 1, Chap. 3277, Act of Feb. 22,

1637, Act of Aug. 6, 1868.

1881.

(c) Sec. 10, Sub-Chap. 10, Chap. 1637, Act of Aug. 6, 1868.

sales.