2074. Family boats-Landing.-429. Whoever, being the owner, lessee or occupant of, or living in or on any boat commonly called a family, shanty, fish or junk boat, or any other similar water craft, on any river or stream, shall anchor, fasten, tie or beach such boat within the jurisdiction of this state, except at a public landing or in case of distress, for a longer period than ten hours, without the consent of the owner, tenant or occupant of the land where such boat shall be so anchored, landed, fastened, tied or beached, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than five dollars nor more than twenty dollars, or be imprisoned in the county jail not longer than twenty days, or shall be both so fined and imprisoned. And whoever living in or on, or being the owner, lessee or occupant of any such boat or water craft, shall anchor the same near to the Indiana shore of any river or other stream, for a longer period than ten hours, and shall by a skiff, float or any other means effect a landing from such boat within the jurisdiction of this state, except at a public landing or in case of distress, without the consent of the owner, tenant or occupant of the land where such landing is made, shall likewise be deemed guilty of a misdemeanor, and, on conviction, be subject to the penalties in this section hereinbefore prescribed. And whoever, being the owner, lessee or occupant of, or living in or on any such boat, shall carry off, take or appropriate from the shores of any river or stream within the jurisdiction of this state any sand, gravel, coal, wood, timber or other thing of value, shall be deemed guilty of larceny, and, on conviction, shall suffer the penalties prescribed for such offense.

2075. Navigation, signals at night. 430. It shall be unlawful for any person, firm or corporation to have, use or navigate any steamboat, launch, sailboat or other water craft during the night-time on any of the inland lakes or rivers in this state without displaying in a conspicuous place on the bow of such craft one signal light, showing white in front, red on the left side and green on the right side, and also one light on the stern of such craft. All boats or other craft when anchored more than one hundred feet from the shore must display a signal light that can be seen from every direction: Provided. That this section shall not apply to row boats when in use nor to any craft when anchored within one hundred feet of the shore. Any person, firm or corporation violating any of the provisions of this section shall, on conviction, be fined not exceeding ten dollars.

[Acts 1905, p. 584. In force April 15, 1905.]

2076. Military expeditions.-431. Whoever begins or sets on foot, or provides or prepares the means for any unauthorized military or naval expedition or enterprise, to be carried on from this state against the territory or people of any other state or of the United States, shall, on conviction, be imprisoned in the state prison not less than two years nor more than fourteen years, fined not less than one hundred dollars nor more than five thousand dollars, and be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

See sections 2057-2074, Burns' R. S. 1901.

2077. Aiding hostile army.-432. Any person, being a citizen of or residing within this state or under the protection of its laws, who shall take or accept a commission from any person, for the purpose of joining or commanding any army or band of men hostile to or in rebellion against this state or the United States, or who shall knowingly and wilfully aid or assist any enemies in open war or rebellion against this state or the United States, by joining their armies or by enlisting or procuring or persuading others to enlist for the [that] purpose, or by furnishing such enemies or persons in rebellion with arms or ammunition or provisions or any other articles for their aid or comfort, or by shipping, sending or carrying to such enemies or rebels or their agents any arms, ammunition, provisions or other articles for their aid or comfort, or by carrying on a traitorous correspondence with them, or who shall form or be in any wise concerned in forming any combination or plot or conspiracy for betraying this state or the United States, or the armed forces of either, into the hands or power of any foreign enemy, or into the hands or power of any organized or pretended government engaged in resisting the laws or authority of the government of this state or of the United States, or who shall give or send any intelligence to any such enemies or pretended government or their forces for that purpose, shall,

on conviction, be imprisoned in the state prison not less than two years nor more than twenty-one years, and be fined not exceeding ten thousand dollars.

2078. Privateering.-433. Every person who shall, within this state, build, construct, alter or fit out, or who shall aid or assist in building, constructing, altering or fitting out any vessel or boat for the purpose of making war or privateering or other purpose, to be used in the service of any person or parties whomsoever, to make war on this state or on the United States, or to resist by force the execution of the laws of this state or of the United States, or for the purpose of privateering under the authority of any organized or pretended government, shall, on conviction, be imprisoned in the state prison not less than two years nor more than twenty-one years, and be fined not exceeding ten thousand dollars.

2079. Duel-Challenge.-434. Whoever gives or accepts a challenge to fight a duel, or agrees to go out of the state for the purpose of fighting a duel or under pretense of fighting a duel, or who carries to any person a challenge to fight a duel, shall, on conviction, be fined not. less than one hundred dollars, and be imprisoned not exceeding one year in the county jail, and ever after be ineligible to any office of trust or profit.

Venue and jurisdiction, section 1646. See note to section 2060, Burns' R. S. 1901.

2080. Duel-Fighting.-435. Whoever fights a duel, if death do not ensue, shall, on conviction, be fined not less than one hundred dollars, and be imprisoned in the county jail not exceeding one year, and shall ever afterward be ineligible to any office of trust or profit.

2081. Prize-fighting. 436. Whoever engages as principal in any prize-fight, or attends any such fight as a backer, trainer, second, umpire, assistant, reporter, or in any other capacity, shall, on conviction, be fined not less than fifty dollars nor more than five hundred dollars, to which may be added imprisonment in the county jail not exceeding six months.

2082. Affray. 437. If two or more persons, by agreement, fight in any public place, the persons so offending shall be deemed guilty of an affray, and shall, on conviction, be fined not exceeding five hundred dollars each, or be imprisoned in the county jail not exceeding five days each.

See notes to section 2063, Burns' R. S. 1901.

2083. Riot.-438. If three or more persons shall do an act in a violent and tumultuous manner, they shall be deemed guilty of a riot, and, on conviction, shall be fined not exceeding five hundred dollars each, to which may be added imprisonment in the county jail not exceeding three months each.

See notes to section 2064, Burns' R. S. 1901.

2084. Riotous conspiracy.-439. If three or more persons shall unite for the purpose of doing any unlawful act in the night time, or for the purpose of doing any unlawful act while wearing white caps, masks or being otherwise disguised, they shall be deemed guilty of a riotous conspiracy, and, on conviction, shall each be imprisoned in the state prison not less than two years nor more than ten years, and each be fined in any sum not exceeding two thousand dollars.

See notes to section 2065, Burns' R. S. 1901.

2085. Lynching-Mob defined.-440. Any number of persons assembled for any unlawful purpose and intending to injure any person by violence and without authority of law shall be regarded as a mob, and any act of violence exercised by such mob upon the body of any person shall, when such act results in the death of the injured person, constitute the crime of lynching; and any person who participates in or actively aids or abets such lynching shall, on conviction, suffer death or be imprisoned in the state prison during life; and any person who, being a member of any such mob and present at any such lynching, shall not actively participate in the lynching, shall be deemed guilty of abetting such lynching, and, on conviction, shall be imprisoned in the state prison not less than two years nor more than twenty-one years.

2086. Lynching-Accessory after the fact. 441. Every person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity who, after the commission of the crime of lynching, shall harbor, conceal or aid any member of the mob who participated in or abetted such crime, with the intent that such member of such mob shall escape arrest or punishment, shall be deemed an accessory after the fact, and may be charged, tried, convicted, and punished as such, although such member of the mob be neither charged nor convicted, and, on conviction thereof, such accessory shall be imprisoned in the state prison not less than two years nor more than twenty-one years.

2087. Lynching-Prosecution of person.-442. Any person accused of the crime of lynching or as an accessory after the fact may be prosecuted in the proper circuit or criminal court, by indictment or by affidavit filed by the prosecuting attorney or by the attorney-general.

2088. Lynching-Prosecution of sheriff, removal.-443. Any sheriff or other officer having any person in his lawful custody, who shall unlawfully suffer or permit such person to be taken from such custody and lynched, shall be deemed guilty of failure of official duty, and on conviction, shall be fined not exceeding one thousand dollars and shall be removed from office and his office declared vacant. The prosecution against such sheriff or other officer in any such case shall be instituted by the attorney-general by presentation in the proper circuit or criminal court on an affidavit against such sheriff or other officer, sworn to by any citizen of the state, charging him with such offense, and indorsed by the attorney-general as is by this act provided in prosecutions by affidavit.

in other cases by prosecuting attorneys. In case of any such taking and lynching of any such person, the taking of such person from the custody of such sheriff or other officer having him in charge, shall be prima facie evidence of the failure of official duty on the part of such sheriff or other officer.

If a sheriff permits a prisoner to be taken from his custody and lynched, the coroner of the county can not on his own relation sue to have the sheriff removed from office. State v. Dudley, 161 Ind. 431.

2089. Sheriff-Aid.-444. If at any time the sheriff has reason to believe and does believe that any prisoner in his custody is in danger of being lynched, it shall be his duty at once to command all bystanders and others with whom he can directly communicate to aid and assist him in the defense of such prisoner and to furnish such assistance with such weapons as shall be necessary to protect such prisoner. And if any such bystander or other person so requested by the sheriff to aid him shall fail or refuse to assist in defending such prisoner, the person so failing or refusing shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than one hundred dollars nor more than one thousand dollars and be imprisoned in the county jail not exceeding six months.

2090. Sheriff-Military force.-445. If at any time any sheriff has reason to believe, and does believe, that a prisoner in his custody is in danger of being lynched, and that he is not able to protect the life of the prisoner without additional help, he shall at once notify the governor and ask the aid of the state. Thereupon the governor shall be authorized to furnish such military force as may be necessary to preserve order and protect such prisoner; and the auditor of state shall draw a warrant upon the treasurer of state for payment of the expenses thereby incurred: Provided, however, That such sheriff shall not make such demand upon the governor until he shall first have exhausted all other means at his command for the protection of such prisoner.

2091. Rout. 446. If three or more persons shall meet together to do an unlawful act upon a common cause, and shall make advances toward the commission thereof, they shall be deemed guilty of a riot [rout], and, on conviction, shall be fined not exceeding one hundred dollars each, or they may each be imprisoned in the county jail not exceeding sixty days.

2092. Provocation.-447. Whoever, by words, signs or gestures, provokes or attempts to provoke another to commit an assault or an assault and battery upon him, such other person having then and there the ability to commit such assault or assault and battery, is guilty of criminal provocation, and, on conviction, shall be fined not exceeding twenty dollars.

Venue of action, section 1644.

See notes to section 2067, Burns' R. S. 1901.

The acquittal of a person of a charge of assault does not bar a prosecution for provocation. Miller v. State, 33 App. 509.