Same. C. '51, 2719. Exceptions. C. '51, 2720. bling houses. R. 24363. C. '51, 2 2721. SEC. 4024. If any person within one mile from the place where any religious society is collected together for religious worship in any field or woodland, expose to sale or gift any spirituous or other liquors, or any article of merchandise, or any provisions or other article of traffic, he shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars. SEC. 4025. The preceding section does not apply to tavern or grocery keepers exercising their calling or business in the places mentioned in their licenses, if they have such; nor to any distillers or manufacturers or others in the prosecution of their ordinary calling or business, so as to prevent them from vending or exposing to sale the articles above prohibited at their place of residence; nor to any person who has a written permit from the person having the charge of such religious society to sell any of such prohibited articles, on complying with the regulations of such religious assembly and with the laws of the state. SEC. 4026. If any person keep a house, shop, or place resorted Keeping gam- to for the purpose of gambling; or permit or suffer any person in any house, shop, or other place under his control or care to play at cards, dice, faro, roulette, equality, or other game, for money or other thing, such offender shall be fined in a sum not less than fifty dollars nor more than three hundred dollars, or be imprisoned in the county jail not exceeding one year, or be both fined and imprisoned. In a prosecution under this section, any person who has the charge of or attends to any such house, shop, or place, may be deemed the keeper thereof. Search warrant against. R. 2 4364. C. 51, 22722. To constitute gambling as here contemplated, it is not necessary that the money or "other thing" should be "put up; playing with the understanding that the loser shall pay for the drinks around, which arrangement is carried out, is sufficient: The State v. Leicht, 17-28; The State v. Maurer, 7-406; The State v. Cooster, 10-453; The State v. Bishel, 39-42. But playing at cards for recreation or amusement is not prohibited: The State v. Leicht, 17-28. It is not necessary that the place occupied be generally or habitually resorted to, if it is kept for that purpose. One act of gambling, as well as many, will complete the offense: The State v. Cooster, 10-453. So the offense is as complete if the house is kept for one day as if kept for a year. It does not consist in causing or continuing a public nuisance as contemplated in § 4091: The State v. Crogan, 8-523. A charge that defendant keeps a house resorted to, sufficiently charges intent and knowledge, and still more does the charge that he permits, etc. gambling, imply knowledge: The State v. Cure, 7-479. And an indictment charging that accused, being the keeper of a house resorted to for the purpose of gambling, knowingly and unlawfully did permit, etc., held, sufficient, although it would have been better to have expres-ly charged that the house was under the control of accused: The State v. Middleton, 11-246. The "keeping," etc., and the "permitting." etc., constitute one and the same offense, and an indictment charging them both in separate counts is not objectionable on the ground of duplicity: The State v. Cooster, 10453. SEC. 4027. If any person make oath before a justice of the peace that he has probable cause to suspect, and does suspect that any house, building, or place, naming the house or place and the occupant, is unlawfully used as a common gaming house, or place for the purpose of gaming for money or other property, and that persons resort to the same for that purpose, whether they be known to the complainant or not, such justice may issue his war rant for the purpose of searching such house or building for all such implements or gambling devices mentioned in the preceding section, and for the apprehension of the occupant or keeper of said house or building; and after such search, seizure, and arrest, the said implements and keeper shall be carried before such justice of the peace to be dealt with as provided by law. And any gambling device brought before the justice may be destroyed by him, and an entry thereof shall be made upon his docket. betting. SEC. 4028. If any person play at any game for any sum of Gaming and money or other property of any value, or make any bet or wager in for money or other property of value, he shall be punished by fine C. 51, 2723. not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days. Playing at billiards or “pin-pool" | the game, is gambling: The State v. with the agreement or understanding Book, 41-550. that the losing party shall pay for Gaming con C. '51, & 2724. SEC. 4029. All promises, agreements, notes, bills, bonds, or other contracts, mortgages, or other securities, when the whole or tracts void. any part of the consideration thereof is for money or other R4366 valuable thing won or lost, laid, staked, or bet, at or upon any game of any kind or on any wager, are absolutely void and of no effect. Money lost on a wager and paid over, cannot be recovered back: Thrift r. Redman, 13-25; but a party depositing money or other property with a stakeholder as a wager, may recover it back before it is paid over to the winner: Shannon v. Baumer, 10-210; and an action may be maintained against a stakeholder who has paid over to the winning party money placed in his hands as a wager after he has been notified by the loser not to do so: Adkins v. Fleming. 29-122. Where a note for a larger amount than the bet, was deposited, and was given to the winner, and the proceeds realized by him, held, that the loser might recover from him the amount so realized in excess of the bet: Shaw v. Gardner, 30-111. Action cannot be maintained upon a note showing upon its face that it was given in a betting transaction: The contracts specified in this sec- Where one, in behalf of himself and others, deposited a sum as a wager, held, that in an action to recover such sum from the stakeholder, he could only recover the amount actually belonging to him, and that, the transaction being void, he could not recover the whole amount under $ 2544, as the party with whom, or in whose name, a contract is made for the benefit of another: Toney v. Snyder, 5073. SEC. 4030. If any man marry his father's sister, mother's Incest. sister, father's widow, wife's mother, daughter, wife's daughter, R. ¿¿ 4367-9 son's widow, sister, son's daughter, daughter's daughter, son's son's widow, daughter's son's widow, brother's daughter or sister's daughter; or if any woman marry her father's brother, mother's brother, mother's husband, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, brother's son, or sister's son; or if any person being within the degrees of consanguinity or affinity in which marriages are prohibited by this section, carnally know each other, they shall be deemed guilty of incest, and shall be punished by imprisonment in the mals. R. 4358. C. 51. 2716. state penitentiary for a term not exceeding ten years and not less than one year. The marriage of persons sustaining to each other any of the degrees of relationship here specified, is incest, Carnal knowledge in such case need not be alleged or shown: The State v. Schaunhurst, 34-547. The words brother and sister, as here used, refer to illegitimate as well as legitimate children of the same parents: Ibid. The register of marriages is sufficient evidence of the marriage. ($ 2197): Ibid. SEC. 4031. If any person torture, torment, deprive of necesCruelty to ani- sary sustenance, cruelly beat, mutilate, cruelly kill, or overdrive any animal; or unnecessarily fail to provide the same with proper food, drink, shelter, or protection from the weather; or cruelly 13 G. A. ch. 176, drive or work the same when unfit for labor; or cruelly abandon the same; or carry or cause the same to be carried on any vehicle, or otherwise, in an unnecessarily cruel and inhuman manner, he shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred 2 2 1, 2. By railways: when transporting. Same, 23. Keeping cockpits and fight ing dogs, bears, ete. Sune, 7. dollars. SEC. 4032. No railway company in this state, in the carrying or transportation of cattle, sheep, swine, or other animals, shall confine the same in cars for a longer period than twenty-eight consecutive hours, unless delayed by storm or other accidental cause, without unloading for rest, water, and feeding, for a period of at least five consecutive hours. In estimating such confinement, the time the animals have been confined without such rest on connecting railways from which they are received shall be computed, it being the intention of this section to prevent their continuous confinement beyond twenty-eight hours, except upon contingencies hereinbefore stated; and animals unloaded for rest, water, and feeding, under the provisions of this section, shall be properly fed, watered, and sheltered during such rest by the owners or persons in custody thereof, or in case of their default in so doing, then by the railway company transporting them, at the expense of said owners or persons in custody thereof, and said company shall have a lien upon such animals for food, care, and custody furnished, and shall not be liable for any detention of such animals authorized by this section. Any railway company, owner, or custodian of such animals who shall fail to comply with the provisions of this section, shall, for each and every such offense, be liable for, and forfeit and pay a penalty of not less than one hundred and not greater than five hundred dollars. But when such animals shall be carried in cars in which they shall and do have proper food, water, space, and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply. SEC. 4033. If any person keep or use, or in any way be connected with, or be interested in the management of, or receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, or engage in, aid, abet, encourage, or assist in any bull, bear, dog, or cock fight, or a fight between any other creature, he shall be deemed guilty of a misdemeanor. SEC. 4034. If any person impound or confine, or cause to be animals with impounded or confined in any pound or other place, any creature, Impounding and fail to supply the same during such confinement with a suffi- out food or cient quantity of food and water, he shall be deemed guilty of misdemeanor. a water. Same, 2 8. CHAPTER 10. OFFENSES AGAINST PUBLIC HEALTH. wholesome provisions. C. '51, 2725. SECTION 4035. If any person knowingly sell any kind of dis- Selling uneased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, he R.4371 shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars. SEC. 4036. If any person fraudulently adulterate for the pur- Adulterating pose of sale, any substance intended for food, or any wine, spirit- R. 4372. uous or malt liquor, or other liquor intended for drinking, he shall C. 51, 1⁄2 2726. be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars, and the article so adulterated shall be forfeited and destroyed. food or liquor. Drugs or medi SEC. 4037. If any person fraudulently adulterate, for the pur- Drugs pose of sale, any drug or medicine in such manner as to lessen R. 24373. the efficacy, or change the operation of such drugs or medicines, C. '51, 2727. or to make them injurious to health; or sell them knowing that they are thus adulterated, he shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed. etc.: neglect R. 4374. 10 G. A. ch. 110. SEC. 4038. If any apothecary, druggist, or other person, sell Apothecaries, and deliver any arsenic, corrosive sublimate, prussic acid, or any ing to label poisonous liquid or substance, without having the word "poison," s and the true name thereof written or printed upon a label attached C. 51, 2728. to the vial, box, or parcel containing the same, he shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars. Any person who may dispose of at retail any poisonous substance or liquid to any one, for any purpose, is hereby required to enter in a book, to be kept by such apothecary, druggist, or other person so disposing, the name of the poison, when bought, by whom, and for what purpose; and if the person who calls for such poison is not personally known to the vendor, then such person shall be identified by some one known to the vendor, whose name shall also be entered in such book. Any failure to comply with the requirements of this provision shall subject the party so failing to imprisonment in the county jail not more than thirty days, or to a fine not exceeding one hundred dollars. See, also, 18 G. A., ch. 75, § 9. with small pox SEC. 4039. If any person innoculate himself or any other Inoculating person, or suffer himself to be innoculated with the small pox with intent to within this state, or come within the state with the intent to cause spread disease. R. 24375. C. '51, 2729. ged liquors. R. 4376. the prevalence or spread of this infectious disease, he shall be punished by imprisonment in the penitentiary not more than three years, or by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year. SEC. 4040. If any perso. wilfully sell, or keep for sale, intoxiSelling drug- cating, malt, or vinous liquors, which have been adulterated or drugged by admixture with any deleterious or poisonous substance, he shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred doliars, or by imprisonment in the penitentiary not exceeding two years. SEC. 4041. If any person throw, or cause to be thrown, any Throwing dead dead animal into any river, well, spring, cistern, reservoir, stream, stream, spring, or pond, he shall be punished by imprisonment in the county jail not less than ten nor more than thirty days, or by fine not less than five nor more than one hundred dollars. animals in etc. 10 G. A. ch. 18. milk or using poisonous ma terial in mak ing cheese or butter. 13 G. A. ch, 156 66 SEC. 4042. If any person knowingly sell to another, or know Selling diluted ingly deliver or bring to be manufactured to any cheese or butter manufactory in this state, any milk diluted with water, or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as "skimmed milk," or shall keep back any part of milk known as strippings" with intent o defraud, or shall knowingly sell the milk, the product of a diseased animal or animals, or shall knowingly use any poisonous or deleterious material in the manufacture of cheese or butter, he shall, upon conviction thereof, be fined in any sum not less than twentyfive dollars nor more than one hundred dollars, and be liable in double the amount of damages to the person or persons, firm, association, or corporation, upon whom such fraud shall be committed. Oleomargerine ed misde meanor. SEC. 1. [Eighteenth General Assembly, Chapter 39.] Every person who shall manufacture for sale, or who shall offer or expose for sale, any article or substance in semblance of butter, not the legitimate product of the dairy, and no: made exclusively of milk or cream, but into which the ol or far of animals enters as one of the component parts, or into which a portion of melted butter, or any oil thereof, has been introduced to take the place of cream, shall distinctly, legibly, and durably brand, stamp, or mark the word "oleomargerine" upon every tub, firkin, or other package of the said substance; and all letters used in stamping, branding or marking said package to be not less in size than three-fourths of an inch in length and one-half inc!. in width; and in case of retail sale of such article or substance in parcels, the seller shall in all cases deliver therewith to the purchaser a written or printed label, bearing the plainly written or printed word "oleomargerine." SEC. 2. Every person who shall knowingly sell, or offer or Failure deem- expose for sale, or who shall cause or procure to be sold, any article or substance required by the first section of this act to be branded, stamped, or labeled, not so marked, branded, stamped cr labeled, shall be guilty of a misdemeanor. Proof of the sale, or offer, or exposure alleged, shall be presumptive evidence of knowledge of the character of the article so sold, or offered, and that the same was not marked, branded, stamped or labeled, as required by this act. |