proceeding, is guilty of false swearing, and shall be confined in close custody not less than one nor more than six months; and the conviction of such an offence may be produced as evidence against his CREDIT in any court where he may be offered as a witness.

Art. 201. The punishment for the offence mentioned in the last preceding article is independent of any that may be inflicted for the publication of the affidavit, should it be a libel.

Art. 202. The term declaratory oath, or declaratory affidavit, in this section, means an oath made to the truth of something present or past, and is used in contradistinction to promissory oath, which is a stipulation confirmed by oath, that some act shall be done or omitted, or some event take place in future. The breach of this last description of oaths, does not amount either to perjury or to false swearing, except as will be hereafter provided in the case of officers of justice for duties done in

court.

Art. 203. Whoever shall designedly, by any MEANS whatever, induce another to commit perjury, or to be guilty of false swearing, shall undergo the same punishment as if he had committed the crime himself.

Art. 204. Whoever shall endeavour, by offering any INDUCEMENT or persuasion whatever, to procure another to commit perjury, or to be guilty of false swearing, shall be fined not less than fifty nor more than three hundred dollars, and imprisoned in close custody not less than thirty days, nor more than six months.

CHAPTER XI.

Offences against the judiciary power committed in a court of justice.

Art. 205. If any one shall, during the session of any COURT OF JUSTICE, in the presence of the court, by words or by making a clamour or noise, wilfully obstruct the proceedings of such court, or shall refuse to obey any legal order of such court made for the maintenance of order or to preserve regularity of proceedings in court, it shall be lawful for the said court to cause the offender to be removed by the proper officer of justice from the building in which the sessions of such court are held; and if such offender shall persevere in returning to and disturbing said court, it shall also be lawful for them to cause him to be imprisoned during the time the court shall be in session during the same day; and the party offending against this article, is guilty of a misdemeanor; and shall be punished by fine not exceeding twenty dollars, and by imprisonment not exceeding three days.

Art. 206. If any person shall, either verbally in court, or in any pleading or other writing addressed to the judges in any cause pending in any court of justice, use any indecorous, contemptuous or insulting expressions, to or of the court or the judges thereof, with intent to insult the said court or any of the said judges, he shall be punished by simple imprisonment not more than fifteen days, and by fine not exceeding fifty dollars; and the fact of the intent, with which the words were used, and also whether they were indecorous, contemptuous and in

sulting, shall be decided by the jury, who shall try the cause. The said punishment shall be doubled on a second conviction for an offence under this article; and for a third, the party shall, in addition to the said punishment, if an attorney or counsellor, be suspended for not less than one nor more than four years from practising in the said court as attorney or counsellor at law, or as attorney in fact.

Art. 207. If any one shall obstruct the proceedings of a court of justice by violence, or threats of violence, offered either to the judges, jurors, witnesses, parties, or attorneys or counsellors, he shall be fined in a sum not less than one hundred and not exceeding five hundred dollars, and by imprisonment, in close custody, not less than ten days nor more than six months; and if the offender be an attorney or counsellor at law, he shall be suspended from practising in such court for not less than one nor more than three years, either as attorney or counsellor at law, or as attorney in fact.

Art. 208. Courts of justice have no power to inflict any punishment for offences committed against their authority, other than those specially provided for by this Code and the Code of Procedure. All proceedings for offences, heretofore denominated contempts, are abolished. All offences created by this chapter, shall be tried on indictment, or information, in the usual form.

TITLE VI.

OF OFFENCES AGAINST PUBLIC TRANQUILLITY.

CHAPTER I.

Of unlawful assemblies and riots.

Art. 209. If any three or more persons shall ASSEMBLE with intent to aid each other by violence, either to commit an offence, or illegally to deprive any person of the enjoyment of a right, such assembly shall be called an unlawful assembly, and those guilty thereof shall be fined not less than fifty nor more than three hundred dollars, and shall be imprisoned not less than three nor more than twelve months, in close custody. Art. 210. If persons, assembled for either of the purposes mentioned in the last preceding article, shall, by VIOLENCE, commit any illegal act, they are guilty of a riot, and in addition to the punishment to which they may be liable by reason of the illegal act they may commit, if it be an offence, they may be suspended from their political rights for three years, shall be fined not less than fifty nor more than five hundred dollars, and imprisoned not less than three nor more than eighteen months in close custody, for at least one half the time, or more, at the discretion of the court.

Art. 211. If the purpose of the unlawful assembly be illegally to oppose the collection of any taxes, tolls, imposts, or excises legally im

posed, or the execution of any law of the state, or any lawful sentence of a court, or to effect the rescue of a prisoner legally arrested for any crime, the punishment for that offence shall be increased one half.

Art. 212. If a riot be committed for either of the purposes set forth in the last preceding article, the punishment herein before imposed for that offence shall be doubled.

Art. 213. If any person engaged in an unlawful assembly, before the unlawful object of such meeting, or any other offence except such unlawful meeting, has been committed by them, or those with whom they are combined, shall either voluntarily, or on being warned by a magistrate, retire therefrom, without the intent to return, he shall not be prosecuted for being concerned in the unlawful assembly, or for any riot or other offence of which any persons concerned in it may afterwards be guilty, provided he do not return to the said assembly.

Art. 214. Any one person concerned in an unlawful assembly, may be indicted and convicted before the others are arrested; but it is necessary to state in the indictment, and prove on the trial, that three or more persons were assembled; if known, they must be described or named; if unknown, it must be so alleged.

It is necessary to state, in an indictment for either of those offences, the illegal act which was the object of the meeting, or which they proceeded to do if the assembly was originally for a lawful purpose.

Art. 215. If three or more persons assemble for a lawful purpose, and they afterwards proceed to commit any act that would amount to a riot, if it had been the original purpose of the meeting, all those who do not retire when the change of purpose is known, are guilty of a riot.

Art. 216. If two or more persons engaged in an unlawful assembly or riot are ARMED, the punishment of the person so armed shall be doubled; and of those who assisted in such assembly, when part were armed, although they themselves were unarmed, shall be increased one half.

Art. 217. If any judge, military officer or executive officer, or officer of justice, shall be engaged in an unlawful assembly or riot, his punishment shall be doubled.

Art. 218. When proof shall be made to any magistrate, by the oath of two or more credible witnesses, of the existence of any unlawful assembly or riot, consisting of more than twenty persons, it shall be the duty of such magistrate to go to the place where the unlawful assembly is, and he shall there proclaim the office which he holds, and order such unlawful assembly to disperse; and that he may be the better known and distinguished, he shall display a white flag; and if the offenders shall, after being so warned, proceed to commit a riot, they shall be imprisoned at hard labour, not less than one, nor more than three years, in addition to the other punishment for any other offence of which they may be guilty by such riot or illegal assembly.

Art. 219. Any one being in the said assembly at the time such order was given, or having joined it afterwards, (provided this last have notice of such order), who shall be found therein after the expiration of half an hour, shall, if no other offence be committed, be imprisoned, in close custody, not less than one nor more than six months, or fined not less than fifty, nor more than three hundred dollars. And immediately after the expiration of the said half hour, or before, if any other illegal act be committed, it shall be lawful for any magistrate, or minister of justice, to arrest any of those composing the said assembly who shall

disobey such order, or to cause them to be arrested with or without warrant; and for that purpose, any magistrate may call for the assistance of any person who may be within three miles of the place where the said unlawful assembly shall be, to aid him in the arrest of the said offenders; and such arrest shall be made in the manner directed by the Code of Procedure, in the chapter relative to Arrests.

Art. 220. If any free, able-bodied male person, above eighteen years of age and under fifty, shall be called on to aid in arresting the offenders in the manner directed by the last preceding article, and shall refuse or neglect so to do, such person shall be fined fifty dollars.

Art. 221. Any assembly, for the purpose of witnessing a boxing match, is an unlawful assembly.

If any boxing match takes place at such assembly, it is a riot, for which the combatants, and each of those who lay a wager on the event of such combat, shall be fined not less than ten, nor more than one hundred dollars, or may be imprisoned not less than ten, nor more than twenty days, in close custody, or both; and those who are guilty of the riot, without laying a wager on the combat, shall be fined not less than five, nor more than fifty dollars; or may be imprisoned ten days in close custody.

CHAPTER II.

Of public disturbance.

Art. 222. Those are guilty of making a public disturbance, who, without any such intent as would give to a meeting the character of an unlawful assembly, shall, to the number of two or more, meet or assemble in a tumultuous manner, in a public place, and by vociferation, quarrelling, or fighting, disturb the inhabitants of the place in the prosecution of their lawful business, or in their necessary repose. Public disturbers shall be fined not exceeding twenty dollars, or imprisoned not exceeding ten days, or both.

Art. 223. All magistrates and officers of justice are required to arrest, or cause to be arrested, persons guilty of this offence, on their own view, or on complaint, with or without warrant.

Art. 224. No public meeting, for the purpose of exercising any political or private right; no assembly for the purpose of legal recreation, or the expression of dissatisfaction or approbation made in such assembly in the usual manner, although it may disturb those in the vicinity, is an offence under this chapter.

Art. 225. The police of places of public amusement continues under the superintendence of the mayors, or other first magistrates of cities and towns.

TITLE VII.

OF OFFENCES AGAINST THE RIGHT OF SUFFRAGE.

CHAPTER 1.

Of bribery and undue influence.

Art. 226. Whoever shall offer or give a BRIBE to any elector, for the purpose of influencing his vote at any PUBLIC ELECTION, and any elector entitled to vote at such election who shall receive such bribe, shall be fined not less than one hundred, nor more than five hundred dollars, shall forfeit all his political rights, and be confined in close custody not less than six months, nor more than one year.

Art. 227. Whoever shall give or offer a bribe to any JUDGE or clerk of any public election, or any executive officer attending the same, as a consideration for some act done, or omitted to be done, or to be done or omitted contrary to his official duty in relation to such election, shall pay a fine not less than one hundred, nor more than five hundred dollars, shall forfeit all political rights, and shall be confined in close custody not less than one, nor more than two years.

Art. 228. If any one shall offer or give a reward to any person whatever, for the purpose of inducing him to persuade, or by any other means not amounting to bribery, to procure persons to vote at any PUBLIC ELECTION, for or against any person, the person so giving or offering, and he who shall receive such reward, shall forfeit not less than fifty, nor more than one hundred dollars.

Art. 229. Whoever shall procure or endeavour to procure the vote of any elector, or the influence of any person over other electors at any public election, for himself or any candidate, by means of VIOLENCE, threats of violence, or threats of withdrawing custom or dealing in business or trade, or of enforcing the payment of a debt, or bringing a suit or criminal prosecution, or any other threat of injury to be inflicted by him or by his means, the person so offending, shall forfeit not less than fifty, nor more than three hundred dollars, and be confined in close custody, not less than one, nor more than six months, and shall be suspended from the exercise of his political rights for four years.

CHAPTER II.

Of offences committed by the judges or other officers of elections.

Art. 230. If any judge or clerk of any public election, or executive officer attending the same, shall knowingly make or consent to any