execute such judgment at the cost and expense of the defendant. [54 v. 130, § 3; S. & C. 881.]

SEC. 2. An offense charged under either of said sections, shall be construed and held to have been committed in any county whose inhabitants are or have been injured or aggrieved thereby, [62 v. 137, § 1; S. & S. 500]; and the continuance of any nuisance for five days after prosecution commenced therefor sh 11 be deemed an additional offense. [30 v. 22, §§ 1, 2, 3, S. & C. 878; 63 v. 102, § 1, S. & S. 500.] SEC. 3. Whoever erects, continues, uses, or maintains, any building, structure, or place for the exercise of any trade, employment, or business, or for the keeping or feeding of any animal, which, by occasioning noxious exhalations, or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals, or the public, or causes or suffers any offal, filth, or noisome substance, to be collected, or to remain, in any place, to the damage or prejudice of others, or the public, or obstructs or impedes, without legal authority, the passage of any navigable river, harbor, or collection of water, or corrupts, or renders unwholesome or impure, any water-course, stream, or water, or unlawfully diverts any such water-course from its natural course or state, to the injury or prejudice of others, or obstructs or incumbers, by fences, buildings, structures, or otherwise, any public ground, or highway, or any street or alley of any municipal corporation, shall be fined not more than five hundred dollars. [30 v. 22, §§ 1, 2, S. & C. 878; 54 v. 130, §§ 1, 2, S. & C. 880; 72 v. 112, § 1; 32 v. 38, § 1, S. & C. 441.]

SEC. 4. Whoever builds, erects, continues, or keeps up, any dam or other obstruction, in any river or stream of water, and thereby raises an artificial pond, or produces stagnant water, which is manifestly injurious to the public health and safety, shall be fined not more than five hundred dollars. [29 v. 144, § 46; S. & C. 433.]

SEC. 5. Whoever puts the carcass of any dead animal, or the offal from any slaughter-house or butcher's establishment, packing-house, or fish house, or any spoiled meats, or spoiled fish, or any putrid animal substance, or the contents of any privy vault, upon or into any lake, river, bay, creek, pond, canal, road, street, alley, lot, field, meadow, public ground, market space, or common, and whoever, being the owner or oocupant of any such place, knowingly permits any such thing to remain therein, to the annoyance of any of the citizens of this state, or neglects or refuses to remove or abate the nuisance occasioned thereby within twenty-four hours after knowledge of the existence of such nuisance upon any of the above described premises owned or occupied by him, or, after notice thereof in writing from any supervisor, constable, trustee, or health officer of any municipal corporation or township in which such nuisance exists, shall be fined not more than fifty dollars nor less than one dollar. [63 v. 102, § 1, S. & S. 500; 30 v. 22, § 3, S. & C. 878.]

When cer

tain nuisances deem

ed to have

been committed.

Continuance of, a separate

offense. Nuisances.

Creating artificial ponds and stagnant

waters.

Depositing dead animals, offals, etc., into or water.

upon land or

Certain business and

buildings are nuisances when near

state benev

tions.

SEC. 6. Whoever carries on the business of slaughtering, or tallow-chandlery, or manufacturing glue, soap, starch, or other article, the manufacture of which is productive of unwholesome or noxious odors, in any building or place within one mile of Longview asylum, or any of the state benevolent olent institu- institutions, or erects, within one hundred and twenty rods of any state benevolent institution, any rolling-mill, blast furnace, nail factory, copper-smelting works, boiler factory, petroleum oil refinery, or any other works which may generate unwholesome or noxious odors, or make loud noises, or which may annoy or endanger the health or prevent the recovery of the inmates of any such institution, shall be fined not more than five hundred nor less than one hundred dollars. All property, real or personal, which is used with the knowledge of the owner thereof in violation of this section, shall be liable for the fines and costs assessed for such violation, without exemption. [62 v. 137, §§ 1, 2, 3, S. & S. 53; 63 v. 96, §§ 1, 2, S. & S. 53; 63 v. 57, S. & S. 52.]

Throwing coal, dirt, etc., into

rivers, etc.

SEC. 7. Whoever intentionally throws or deposits, or permits to be thrown or deposited, any coal dirt, coal slack, coal screenings, or coal refuse from coal mines, or any refuse or filth from any coal-oil refinery or gas works, or any whey or filthy drainage from a cheese factory, upon or into any of the rivers, lakes, ponds, or streams of this state, or upon or into any place from which the same will wash into any such river, lake, pond, or stream, shall be fined in any sum not more than two hundred nor less than fifty dollars. [73 v. 87, § 1.] Whoever willfully obstructs any ditch, drain, or water course constructed by proceedings before any board of county commissioners or township trustees, or diverts the water therefrom, shall be fined not more than one hundred nor less than ten dollars. [72 v. 150, §§ 1, 2; 68 v. 67, § 24.]

SEC. 9. Whoever maliciously puts any dead animal, carcass, or part thereof, or any other putrid, nauseous, noisome, or offensive substance, into, or in any manner befouls, any well, spring, brook, or branch of running water, or any reservoir of water works, of which use is or may be made for domestic purposes, shall be fined not more than fifty nor less than five dollars, or imprisoned not more than sixty days, or both. [70 v. 12, § 2.]

SELLING UNWHOLESOME PROVISIONS.

SEC. 10. Whoever sells any kind of diseased, corrupted, adulterated, or unwholesome provisions, whether for meat or drink, or any adulterated substance used for seasoning food, without making the condition of the same known to the buyer, and whoever kills, for the purpose of sale, any calf less than four weeks old, or sells, or has in possession with intent to sell, the meat of any calf which he knows to have been killed when less than four weeks old, shall be fined not more than fifty dollars, or imprisoned twenty days, or both. [29 v. 144, § 45; S. & C. 433.]

Publishing lottery

schemes, etc.

Selling tick

ets, etc., in lotteries or schemes of chance.

Promoting lotteries, or any scheme of chance.

LOTTERIES.

SEC. 1. Whoever writes, prints, or publishes, in any way, an account of any lottery or scheme of chance, of any kind or description, by whatsoever name, style, or title the same may be denominated or known, stating when or where the same is to be drawn, or the prizes therein, or any of them, or the price of a ticket, or showing therein where any ticket may be obtained, or in any way giving publicity to such lottery or scheme of chance, shall be fined not more than one hundred dollars. [49 v. 105, § 1; S. & C. 435.]

SEC. 2. Whoever vends, sells, barters, or in any way disposes of any ticket, order, or device of any kind, for or representing any number of shares, or any interest, in any lottery, "policy," or scheme of chance, of any kind or description, by whatever name, style, or title the same may be denominated or known, whether located, or to be drawn, paid, or carried on within or without this state, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. [59 v. 10, § 1; S. & S. 287.]

SEC. 3. Whoever, publicly or privately, as owner or agent, establishes, opens, sets on foot, carries on, promotes, makes, draws, or acts as "backer" or "vendor" for or on account of, or is in any way concerned in, any lottery, "policy," or scheme of chance, of any kind or description, by whatever name, style, or title the same may be denominated or known, whether located, or to be drawn, paid or carried on within or without this state, or by any of the means aforesaid exposes or sets to sale any thing of value, shall be fined not more than five hundred nor less than fifty dollars, and imprisoned not more than ninety nor less than ten days. [59 v. 10, § 1, S. & S. 287; 70 v. 123, § 1.]

GAMING AND BETTING.

SEC. 4. Whoever keeps a room, building, arbor, booth, shed, or tenement, or canal-boat or other water-craft, to be

Keeping room, etc., for gambling, or permitting same to be so used.

Renting

room to be

used for gambling.

When owner

deemed to permit such

use.

gaming upon
device for
gain in
house, etc.

Suffering

used or occupied for gambling, or knowingly permits the same to be used or occupied for gambling, and whoever, being the owner of any room, building, arbor, booth, shed, or tenement, or canal-boat or other water-craft, rents the same to be used or occupied for gambling, shall be fined not more than five hundred nor less than thirty dollars, or imprisoned not more than thirty nor less than ten days, or both. And ́an owner of any such building, tenement, or water craft, who knows that any gaming device is used or kept therein for gambling, and does not forthwith make complaint against the person so using or keeping the same, shall be deemed to have knowingly permitted the same to be used and occupied for such purpose. [44 v. 196, § 1; S. & C. 662.] SEC. 5. Whoever suffers any game whatsoever to be played for gain, upon or by means of any gaming device or machine, of any denomination or name, in his house, or in any out-house, booth, arbor, or erection, of which he has the care or possession, shall be fined not more than two hundred nor less than fifty dollars. [29 v. 442, § 9; S. & C. 666.] SEC. 6. Whoever keeps or exhibits for gain, or to win or gain money or other property, any gambling table (except billiard table), or faro or keno bank, or any gambling device or machine of any kind or description, under any denomination or name whatsoever, or keeps or exhibits any billiard table for the purpose of betting or gambling, or allows the same to be used for any such purpose, or engages in gambling for a livelihood, or is without any fixed residence and in the habit Gambling for or practice of gambling, is a common gambler, and shall be fined not more than five hundred nor less than fifty dollars, and imprisoned not more than ninety nor less than ten days, or both, and shall give security in the sum of five hundred dollars to be of good behavior for one year. [54 v. 196, § 2, S. & C. 662; 73 v. 249. § 1.]

SEC. 7. A keeper of a tavern, ordinary, or other house of public resort, who suffers any game whatever, for a wager, to be played at or within such tavern, ordinary, or other house of public resort, or in any out-house, building, or erection appendant thereto, shall be fined not more than two hundred nor less than fifty dollars. [29 v. 442, § 10; S. & C. 666.] SEC. 8. Whoever plays in any ordinary, tavern, or racefield, or booth, arbor, out-house, or other erection connected therewith, or in any other public place, at any game whatsoever, for a wager, or bets or wagers on the hands or sides of such as do play as aforesaid, shall be fined not more than one hundred dollars. [29 v. 442, § 7; S. & C. 665.]

SEC. 9. Whoever, by any device or pretense, entices any minor to engage in any game whatever for money or property of any value, or makes any bet or wager with a minor, upon the result of any game, shall be fined not more than two hundred nor less than fifty dollars, or imprisoned not

Exhibiting gambling device for gain.

a livelihood.

Keepers of houses of public resort suffering games to be

played there

at.

Playing games in public places.

Inducing minor to play

for money,

etc.