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hundred twenty-six, sufficient amounts to reimburse the gen-
eral fund for the appropriations hereby made.

This act is ordered to take immediate effect.
Approved May 2, 1925.

[No. 175.]

AN ACT to make appropriations for the state house of correction and branch prison, for the fiscal years ending June thirty, nineteen hundred twenty-six, and June thirty, nineteen hundred twenty-seven, for maintenance and operation.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated from the general Amounts and fund for the state house of correction and branch prison, for purposes. the fiscal year ending June thirty, nineteen hundred twentysix, the sum of three hundred fifty thousand dollars, and for the fiscal year ending June thirty, nineteen hundred twentyseven, the sum of three hundred fifty thousand dollars, for the purposes and in the specific amounts as follows:

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Each of said amounts shall be used solely for the specific purposes herein stated, subject to the general supervisory control of the state administrative board: Provided, That all food Proviso. raised on the farm is also hereby appropriated to said institution for such purpose: Provided further, That the proceeds Further from the sales of surplus food and supplies shall be paid into proviso. the state treasury and credited to the general fund.

SEC. 2. The amounts hereby appropriated shall be paid out How paid of the state treasury at such times and in such manner as is or out. may be provided by law.

SEC. 3. All fees or other moneys received by said state Fees, etc. house of correction and branch prison, shall be forwarded to the state treasurer each month and shall be by said treasurer

Tax clause.

deposited in the state treasury to be disbursed in such manner and for such purposes as may be provided by law.

SEC. 4. The auditor general shall incorporate in the state tax for the years nineteen hundred twenty-five and nineteen hundred twenty-six, sufficient amounts to reimburse the general fund for the appropriations hereby made.

This act is ordered to take immediate effect.
Approved May 2, 1925.

Accepting, etc., money contingent upon race, etc., unlawful.

Unlawful to

ing for

[No. 176.]

AN ACT to suppress gaming and to prohibit the publication and furnishing of information concerning gaming.

The People of the State of Michigan enact:

SECTION 1. It shall be unlawful for any person, natural or artificial, or for the officers, agents, servants or employees of any corporation, directly or indirectly, individually or by agent, servant or employee, to take, receive or accept from any person any money or valuable thing with the agreement, understanding or allegation that any money or valuable thing will be paid or delivered to any person where such payment or delivery is alleged to be or will be contingent upon the result of any race, contest or game or upon the happening of any event not known by the parties to be certain.

SEC. 2. It shall be unlawful for any person, natural or Occupy bulld- artificial, or for the officers, agents, servants or employees of gaming, etc. any corporation, directly or indirectly, individually or by agent, servant or employee, to keep or occupy or assist in keeping or occupying any common gambling house or any building or place where gaming is permitted or suffered or to suffer or permit on any premises owned, occupied or controlled by him any apparatus used for gaming or gambling or to use such apparatus for gaming or gambling in any place within the state of Michigan.

Pool selling,

ful.

SEC. 3. It shall be unlawful for any person, natural or artietc., unlaw- ficial, or for the officers, agents, servants or employees of any corporation, directly or indirectly, individually or by agent, servant or employee, to keep, maintain, operate or occupy any building or room or any part thereof or any place with apparatus, books or any device for registering bets or buying or selling pools upon the result of a trial or contest of skill, speed or endurance or upon the result of a game, competition, political nomination, appointment or election or any pur ported event of like character or to register bets or buy or sell pools or to be concerned in buying or selling pools or to knowingly permit any grounds or premises, owned, occupied or controlled by him to be used for the purpose aforesaid.

certain in

SEC. 4. It shall be unlawful for any person, natural or arti- Publishing ficial, or for the officers, agents, servants or employees of any formation. corporation, directly or indirectly, individually or by agent, servant or employee, by means of any newspaper, periodical, poster, notice or other mode of publication or reproduction, to write, print, publish, advertise, deliver or distribute or offer to deliver or distribute to the public or to any part thereof or to any person, any statement or information concerning the making or laying of wagers or bets or the selling of pools or evidences of betting odds on any race, contest or game or on the happening of any event not known by the parties to be certain, or any purported event of like character. The acts. herein prohibited may be deemed violations hereof when committed after any game, contest, race or event, as well as when committed before any such game, contest, race, or event; and the possession of evidence for the publication of any statement or information concerning the making or laying of wagers or bets or the selling of pools or betting odds, shall in the same manner be deemed a violation of this act, whether before or after the act evidenced thereby.

tickets

SEC. 5. All policy or pool tickets, slips or checks, memor- Pool, etc., anda of any combination or other bet, manifold or other pol- declared icy or pool books or sheets, are hereby declared a common nuisance. nuisance and the possession thereof unlawful; and the possession of any such articles, or of any other implements, apparatus or materials of any other form of gaming, shall be prima facie evidence of their use, by the person having them in possession, in the form of gaming in which like articles are commonly used. Any such article found upon the person of one lawfully arrested for violation of any law relative to lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming shall be competent evidence upon the trial of a complaint or indictment to which it may be relevant.

prima facie

SEC. 6. In a prosecution or proceeding relative to lotteries, What policy lotteries or policy, buying and selling pools or register deemed ing bets, any words, figures or characters, written, printed or evidence. exposed upon a blackboard, placard or otherwise in a place alleged to be used or occupied for such business, purporting or appearing to be a name of a horse or jockey, or a description of or reference to a trial or contest of skill, speed or endurance of man, beast, bird or machine, or game, competition, political nomination, appointment or election, or other act or event, or any odds, bet, combination bet or other stake or wager, or any code, cipher or substitute therefor, shall be prima facie evidence of the existence of the race, game, contest or other act or event so purporting or appearing to be referred to, and that such place is kept or occupied for gaming; and in all cases a copy or oral description thereof shall be competent evidence of the same.

SEC. 7. If a person makes oath before justice of the peace when search or committing magistrate that he has probable cause to be issued.

warrant

Exceptions.

Arrests.

Penalty.

lieve and does believe that a house or other building, room or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as a policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act or event, and that persons resort thereto for any such purpose, such magistrate or trial justice, whether the names of the persons last mentioned are known to the complainant or not, shall, if he be satisfied there is reasonable cause for such belief, issue a warrant commanding the sheriff or his deputy or any constable or police officer to enter and search such house, building, room or place, and if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or material of any form of gaming be found in said place, to take into his custody all the implements, apparatus or material of gaming, as aforesaid; and upon the finding of such apparatus and material of any form of gaming as aforesaid, the officers shall be authorized to arrest the keepers of such place, all persons in any way assisting in keeping the same, whether as capper, tout, guard, door-keeper, look-out, or otherwise, and all persons who are there found, and to keep said persons, implements, apparatus or material of gaming so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of law relative to destroying of gaming articles shall apply to all articles and property seized as herein provided for.

SEC. 8. This act shall not be construed to prohibit or make unlawful the giving or payment of purses, prizes or premiums to players in any games or participants in any contest or to the owner, driver, manager or trainer of animals or the drivers, mechanics or operators of any machine or the giving or payment of entry fees or the payment of expenses or reward for services or labor in connection with any race, contest or game but it shall apply to the selling of pools or to any transaction whereby any money or valuable thing shall be paid as a gain or speculation on the result of any contest, race, game or event not known to the parties to be certain and concerning which the parties to the transaction render no service directly related to the holding of such contest, race or game or the bringing about of such event.

SEC. 9. Any person found violating the provisions of this act by any sheriff, constable, police officer or any person authorized to serve criminal process or by any conservator of the peace, may be arrested forthwith and dealt with according to law.

SEC. 10. It shall be unlawful for any person to attend or frequent any place where gaming or gambling is suffered or permitted, or any place operated or occupied as a common gaming or gambling house or room. Any person violating the

provisions of this section shall upon conviction by a court of competent jurisdiction be liable to a fine of not exceeding one hundred dollars or imprisonment in the county jail not exceeding ninety days or the court in its discretion may impose a sentence of both such fine and imprisonment not exceeding the limits as aforesaid.

SEC. 11. Any person violating any of the provisions of this Idem. act except those contained in section 10 shall upon conviction by a court of competent jurisdiction be liable to a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding six months or the court may in its discretion impose a sentence of both such fine and imprisonment not exceeding the limits as aforesaid.

clause.

SEC. 12. If any section, sub-section, sentence, clause or Saving
phrase of this act is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this act. The legislature hereby declares that it
would have passed the act and each section, sub-section, sen-
tence, clause and phrase thereof, irrespective of the fact that
any one or more other sections, sub-sections, sentences, clauses
and phrases be declared unconstitutional.

This act is ordered to take immediate effect.
Approved May 4, 1925.

[No. 177.]

AN ACT to protect and promote the public health and welfare, and to provide for the construction, maintenance and operation of hospitals and sanatoriums for the treatment of tuberculosis.

The People of the State of Michigan enact:

SECTION 1. It shall be competent for the board of super- Tuberculosis visors of any county in this state having a population of more etc., may than thirty thousand according to the last official census of establish. the federal government to establish, maintain and operate a hospital or sanatorium for the treatment of tuberculosis in accordance with the provisions of this act. Said board shall site. designate the site on which such sanatorium shall be placed and the sum or sums of money appropriated for construction and equipment purposes. Immediately upon the taking of such action by any board of supervisors subject to the provisions hereof, it shall be the duty of the clerk of the board to certify to the state commissioner of health a copy of the resolution or resolutions adopted. Thereupon it shall be the duty of said commissioner to cooperate with the board of supervisors, or with any committee thereof selected for such purpose, in the preparation or selection of plans for the

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