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Amounts and

purposes.

[No. 98.]

AN ACT to make appropriations for the board of examiners of barbers for the fiscal years ending June thirty, nineteen hundred twenty-four, and June thirty, nineteen hundred twenty-five, for maintenance, operation and other purposes.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated from the general fund for the board of examiners of barbers for the fiscal year ending June thirty, nineteen hundred twenty-four, the sum of ten thousand five hundred and five dollars, and for the fiscal year ending June thirty, nineteen hundred twenty-five, the sum of ten thousand five hundred and five dollars, for the purposes and in the specific amounts as follows:

[blocks in formation]

Proviso.

How paid out.

Fees, where

credited.

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 in no case shall the expenditures of said board exceed the fees collected by it.

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

SEC. 3. All fees or other moneys received by said board of examiners of barbers shall be forwarded to the state treasurer each month and shall be by said treasurer deposited in the state treasury to be disbursed in such manner and for such purposes as may be provided by law.

This act is ordered to take immediate effect.
Approved May 2, 1923.

[No. 99.]

AN ACT for the suppression of gaming.

etc., money

etc., unlawful.

The People of the State of Michigan enact: SECTION 1. It shall be unlawful for any person, natural or Accepting. artificial, or for the officers, agents, servants or employees of contingent any corporation, directly or indirectly, individually or by upon race, 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.

Occupy build

ram

SEC. 2. It shall be unlawful for any person, natural or Unlawful to artificial, or for the officers, agents, servants or employees of ing for any corporation, directly or indirectly, individually or by ing, etc. 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 attend or frequent any place where gaming or gambling is suffered or permitted 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.

etc., unlaw

SEC. 3. It shall be unlawful for any person, natural or Buying and artificial, or for the officers, agents, servants or employees of selling pools, any corporation, directly or indirectly, individually or by ful." 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 purported event of like character or to be present in any such place 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 purposes aforesaid.

concerning

unlawful.

SEC. 4. It shall be unlawful for any person, natural or Publication of artificial, or for the officers, agents, servants or employees of information any corporation, directly or indirectly, individually or by wagers, etc., 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,

Pool tickets, etc., declared nuisance.

What deemed evidence.

Prima facie evidence, what

deemed.

Search

warrant,

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.

SEC. 5. All policy or pool tickets, slips or checks, memoranda of any combination or other bet, manifold or other policy or pool books or sheets, are hereby declared a common nuisance and the possession thereof unlawful; and the possession of any such article, 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. If a person so arrested in a building or structure or part thereof conceals or attempts to conceal such articles upon his person or elsewhere, the possession and concealment or attempt at concealment thereof shall be prima facie evidence that the place in which the same occurs is kept, maintained, used or occupied for the form of gaming in which like articles are commonly used.

SEC. 6. In a prosecution or proceeding relative to lotteries, policy lotteries or policy, buying and selling pools or registering bets, any words, figures or characters, written, printed or 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 a justice of the peace when issued. Or committing magistrate that he has probable cause to believe 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 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 satisfactory evidence be presented, 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, inemoranda 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 materials of any form of gaming as aforesaid, the officers shall be authorized to arrest the keepers of such May arrest keepers, etc. place, all persons in any way assisting in keeping the same, whether as janitor, door keeper, watchman 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 Provisions to destroying of gaming articles shall apply to all articles applicable. and property seized as herein provided for.

notice of

of lotteries.

SEC. 8. Any court or magistrate having criminal juris- Court may diction may take judicial notice of the general methods and take judicial characters of lotteries, policy lotteries or the game called methods, etc., policy, pools or combination bets, and the buying and selling of pools and registering of bets. In the trial of a complaint or indictment to which it may be relevant, any lottery, policy or pool ticket, certificate, slip or check, manifold or other policy or pool book or sheet, or memorandum of any pool or sale of pools, or of a bet or odds, or combination bet, or any other implement, apparatus, material or articles of a character commonly employed in or in connection with lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming, shall be prima facie evidence of the existence and unlawful character of a lottery, policy lottery or game, pool or pools, bet, game or hazard, or other form of gaming in which like articles are commonly used, and that such article has relation thereto.

etc.

SEC. 9. No plea of misnomer shall be received to a com- Arraignment, plaint or indictment for violation of any law relative to lotteries, policy lotteries or policy, the selling of pools or registering of bets, or any form of gaming; but the defendant may be arraigned, tried, sentenced and punished under any name by which he is complained of or indicted.

prohibited.

SEC. 10. This act shall not be construed to prohibit or Purses, prizes, make unlawful the giving or payment of purses, prizes or etc., not premiums to players in any games or participants in any contest or to the owner, driver, manager or trainer of any 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 trans

Penalty for violation.

Detention.

Violations, when deemed.

action render no service directly related to the holding of such contest, race or game or the bringing about of such event.

SEC. 11. Any person violating the provisions of this act shall, upon conviction before any court of competent jurisdiction, be liable to a fine not exceeding five hundred dollars or imprisonment not exceeding six months or the court in its discretion may impose a sentence of both such fine and imprisonment not exceeding the limits aforesaid.

SEC. 12. 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 taken before a magistrate having jurisdiction of the offense and, if such magistrate be not found, such person so arrested may be detained in jail or otherwise for a period not exceeding twenty-four hours, Sundays and legal holidays excepted, until a complaint can be made before a magistrate having jurisdiction of the offense.

SEC. 13. 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.

Approved May 2, 1923.

Amounts

[No. 100.]

AN ACT to make appropriations for the board of registration of nurses and trained attendants for the fiscal years ending June thirty, nineteen hundred twenty-four, and June thirty, nineteen hundred twenty-five, for maintenance, operation and other purposes.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated from the general and purposes. fund for the board of registration of nurses and trained attendants for the fiscal year ending June thirty, nineteen hundred twenty-four, the sum of thirteen thousand and fifty dollers, and for the fiscal year ending June thirty, nineteen hundred twenty-five, the sum of thirteen thousand and fifty dollars for the purposes and in the specific amounts as follows:

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