or attempting or intending to vote thereat, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than fifty dollars nor more than five hundred dollars. [L. 1864; D. Cd. § 661; D. & L. § 676; H. C. § 1899.]

CHAPTER VI.

OF RIOT AND DISTURBANCE OF PEACE IN UNINCORPORATED

§ 1913.

TOWNS.

Definition of Riot and Unlawful Assembly.

Any use of force or violence, or any threat to use force or violence, if accompanied by immediate power of execution, by three or more persons acting together, and without authority of law, is riot. Whenever three or more persons assemble with intent, or with means and preparations, to do an unlawful act, which would be riot if actually committed, but do not act towards the commission thereof, or whenever such persons assemble without authority of law, and in such manner as is adapted to disturb the public peace or excite public alarm, or disguised in a manner to prevent them from being identified, such an assembly is an unlawful assembly. [L. 1864; D. Cd. § 623 ; D. & L. § 639 ; H. C. § 1855.]

It is sufficient for the indictment to allege that the defendants "did encourage the other persons participating in the said riot to acts of violence and force": State v. Tom Louey, 11 Or. 326, 8 Pac. 353.

§ 1914. Punishment for Participating in Riot.

If any person shall be guilty of participating in any riot, such person, upon conviction thereof, shall be punished as follows:

1. If any felony or misdemeanor was committed in the course of such riot, such person shall be punished in the same manner as a principal in such crime;

2. If such person carried, at the time of such riot, any species of dangerous weapon, or was disguised, or encouraged or solicited other persons who participated in the riots to acts of force or violence, such person shall be punished by imprisonment in the penitentiary not less than three nor more than fifteen years;

3. In all other cases, such person shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty nor more than five hundred dollars. [L. 1864; D. Cd. § 624; D. & L. § 640; H. C. § 1856.]

§ 1915. Disturbance of the Peace in Unincorporated Towns.

If any person or persons shall, in any unincorporated town or village in this state, willfully drive or ride any horse or mule upon any sidewalk

therein, or shall willfully drive or ride any horse or mule through the streets thereof at a greater speed than six miles per hour, or shall use any obscene or profane language in any public place in such town or village to the disturbance or annoyance of any person or persons therein, said person or persons so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than five nor more than fifty dollars. Justices of the peace shall have original and exclusive jurisdiction over all offenses herein described, committed within their respective counties. All fines collected under the provisions of this act shall be paid into the county treasury of the county in which the offense is committed, as in other criminal cases, for the use and benefit of the common school fund of such county. [L. 1872, p. 54, §§ 1, 2, 3; D. & L. § 641; H. C. § 1857.]

CHAPTER VII.

OF CRIMES AGAINST MORALITY AND DECENCY.

§ 1916. Adultery; Definition and Punishment.

If any person shall commit the crime of adultery, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than six months nor more than two years, or by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than two hundred nor more than one thousand dollars. [L. 1864; D. Cd. § 626 ; D. & L. § 642 ; H. C. § 1858.]

The party charged with having committed the crime of adultery with the defendant is an accomplice of such defendant, and his or her confession, unsupported by other evidence tending to connect the defendant with the crime, is insufficient to authorize the conviction thereof: State v. Scott, 28 Or. 331, 42 Pac. 1.

The admissions or confessions of the woman with whom a defendant is charged with having committed adultery are not sufficiently corroborated to sustain a conviction where the corroborating evidence goes merely to show that there was an opportunity to commit the act, but does not

show any adulterous mind in either party, or any circumstances from which adultery might be inferred: State v. Scott, 28 Or. 331, 42 Pac. 1.

A marriage certificate, when properly identified, is admissible as part of the res gestae, in connection with proof of the identity of the parties, to establish the fact of marriage, and establishes that fact prima facie: State v. Isenhart, 32 Or. 170, 52 Pac. 569.

Imputing the crime of adultery to a married woman is actionable per se: Davis v. Sladden, 17 Or. 266, 21 Pac. 140.

$1917. Action for Adultery, When Commenced.

A prosecution for the crime of adultery shall not be commenced except upon the complaint of husband or wife, or [if] the crime be committed. with an unmarried female under the age of twenty years upon the complaint of the wife, or of a parent or guardian of such unmarried female, and within one year from the time of committing the crime, or the time when the same shall come to the knowledge of such husband or wife or parent or guardian. When the crime of adultery is committed between a married woman and an unmarried man, the man shall be deemed guilty of adultery also, and be punished accordingly. [L. 1864; D. C. § 627; D. & L. § 643; L. 1891, p. 182, § 1; H. C. § 1859.]

§ 1918. Polygamy, Definition and Punishment Of.

If any person having a former husband or wife living shall marry another person, or live and cohabit with another person as husband or wife, such person shall be deemed guilty of polygamy, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one year nor more than four years, or by imprisonment in the county jail not less than six months nor more than one year, or by fine not less than three hundred nor more than one thousand dollars. [L. 1864; D. Cd. § 628 ; D. & L. § 644; H. C. § 1860.]

§ 1919. What Not Deemed Polygamy.

The preceding section shall not extend or apply to any person whose husband or wife shall have voluntarily withdrawn and remained absent from such person for the period of seven years together, the party marrying again not knowing the other to be living within that time, nor to any person legally divorced from the bonds of matrimony. [L. 1864; D. Cd. § 629; D. & L. § 645; H. C. § 1861.]

§ 1920. Lewd Cohabitation.

If any man and woman, not being married to each other, shall lewdly or lasciviously cohabit or associate together, such man or woman, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one nor more than six months, or by fine not less than fifty nor more than three hundred dollars. [L. 1864; D. Cd. § 630; D. & L. § 646; H. C. § 1862.]

Imputing the crime of prostitution to a woman is actionable per se: Davis v. Sladden, 17 Or. 266, 21 Pac. 140.

If any person, under promise of marriage, shall seduce and have illicit connection with any unmarried female of previous chaste character, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than five years, or by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than five hundred nor more than one thousand dollars. A subsequent marriage of the parties is a defense to a violation of this section. [L. 1864; D. Cd. § 631; D. & L. § 647; H. C. § 1863.]

An unaccepted offer of marriage after an indictment for seduction is not a defense to the prosecution therefor; only a marriage is such defense: State v. Wise, 32 Or. 280, 50 Pac. 800.

This statute is designed to protect only those who are induced to surrender their virtue by the promise of marriage, and where a woman yields to a man, relying

upon his promise to marry her in case she becomes pregnant from the act, she is not seduced under "promise of marriage." This statute contemplates that the seduction must be accomplished by means of an absolute promise of marriage, or one that becomes absolute the moment the woman yields: State v. Adams, 25 Or. 174, 35 Pac. 36, 42 Am. St. Rep. 790, 22 L. R. A. 840.

§ 1922. Indecent Exposure and Exhibitions.

If any person shall willfully and lewdly expose his person or the private parts thereof in any public place, or in any place where there are present

681 other persons to be offended or annoyed thereby, or shall take any part in any model artist exhibition, or make any other exhibition of himself to public view, or to the view of any number of persons, such as is offensive to decency, or is adapted to excite vicious or lewd thoughts or acts, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty nor more than five hundred dollars. [L. 1864; D. Cd. § 632; D. & L. § 648; H. C. § 1864.]

§ 1923. Concealing Death of Child.

If any unmarried woman shall conceal the death of any issue of her body, so that it may not be known whether such issue was born alive or not, or whether it was not murdered, such woman, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than six months nor more than one year, or by imprisonment in the county jail not less than three months nor more than one year. [L. 1864; D. Cd. § 633; D. & L. § 649; H. C. § 1865.]

§ 1924. House of Prostitution, Unlawful for Minor to Visit.

It shall be unlawful for any minor to go into or visit, under any pretext, or for any purpose whatever, any house of prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution. [L. 1895, p. 122, § 1.]

§ 1925. Inducing Minor to Visit House of Prostitution Unlawful.

It shall be unlawful for any person, firm, or corporation to procure, request, order, or to in anywise induce any minor to go into or visit any such house, room, or place, described in section 1924, for any purpose whatever. [L. 1895, p. 123, § 2.]

§ 1926. Penalty for Violating Provisions of Last Section.

Any person violating any of the provisions of this act shall, upon conviction thereof, be punished by a fine not less than one hundred dollars and not more than two hundred and fifty dollars, or by imprisonment in the county jail for a period not exceeding one year, or both; and any corporation violating any of the provisions of this act shall, upon conviction thereof, be punished by a fine not less than five hundred dollars and not more than one thousand dollars. [L. 1895, p. 123, § 3.]

§ 1927. Penalty for Violating Provisions of Section 1924 by Minor.

Any minor violating any of the provisions of this act, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars or by incarceration for a period not exceeding six months in the state reform school. [L. 1895, p. 123, § 4.]

§ 1928. Taking Away Female Under Sixteen Without Consent of Parents. If any person shall take away any female under the age of sixteen

years from her father, mother, guardian, or other person having the legal charge of her person, without the consent of such father, mother, guardian, or other person, either for the purpose of marriage, concubinage, or prostitution, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than two years, or by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than one hundred nor more than five hundred dollars. [L. 1864; D. C. § 657; D. & L. § 672; H. C. § 1895.]

§ 1929. Serving Civil Process on Sunday.

If any person shall serve or execute any civil process on a Sunday or the Lord's Day, such service shall be void, and such person, upon conviction thereof, shall be punished by fine not less than five nor more than fifty dollars. [L. 1864; D. Cd. § 658; D. & L. § 673; H. C. § 1896.]

§ 1930. Indecent and Immoral Acts, Not Otherwise Made Punishable.

If any person shall willfully and wrongfully commit any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages the public decency and is injurious to public morals, such person, if no punishment is expressly prescribed therefor by this code, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than six months, or by fine not less than fifty nor more than two hundred dollars. [L. 1864 ; D. Cd. § 659 ; D. & L. § 674; H. C. § 1897.]

§ 1931. Indictment of Mother for Murder of Bastard.

When a woman is indicted for the murder of her bastard infant, she may also be charged in the same indictment with the crime defined in section 1923, and if she shall be found not guilty of the charge of murder, she may be found guilty of the crime defined in such section, and punished accordingly. [L. 1864; D. Cd. § 634; D. & L. § 650; H. C. § 1866.]

§ 1932. Keeping Bawdyhouse.

If any person shall keep or set up a house of ill-fame, brothel, or bawdyhouse for the purpose of prostitution, fornication, or lewdness, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than one hundred dollars nor more than five hundred dollars. [L. 1864; D. Cd. § 635 ; D. & L. § 651; H. C. § 1867.]

A city may pass an ordinance to prohibit or suppress bawdyhouses, and it is no objection to such an ordinance that the act prohibited is criminal in its nature, or

that it is a crime under the general laws of the state: Wong v. Astoria, 13 Or. 538, 11 Pac. 295.

In all prosecutions for the crime defined in section 1932, common fame shall be competent evidence in support of the indictment; and whenever