The advocate., 1895-02-06

81 OF the general statutes Of Kansas Of 1868
and all other provisions inconsistent there
with.
Be q Enacted by the Legislature Of the StOtc Of
Kansas:
Section /. Every person who shall set up or
keep any table or gambling device commonly
called A Be, faro bank, EO, roulette, equality,
keno, wheel OF fortune, or any kind of gam
bling table or gambling device, adapted, de-
vised and designed for the purpose OF playing
any game of chance for money or property, or
shall induce, entice or permit any person 70
bet or play at or upon any such gaming table
or gambling device, or at or upon, any game
played at o by means OF such table or gam
bling device either on the side OF or against
the Keeper thereof or shall KEEP a place or
room to be used as o llace for playing any
game of cards for money or property, or keep
a common gaming house or keep house,
room or place to which persons are accus-
toned to resort for the purpose Of gambling,
shall on conviction, be adjudged guilty OF o
felony, and punished by imprisonment and
hard labor for term not less than one year
nor more than five years.
SEC Every person who shall permit any
gam bling table, bank or device, prohibited by
che first section OF this act, to be set up or
used for the purpose Of gaming, in any house,
building, shed, booth, shelter, lot, or other
premises to him belonging, or by him occu-
pied, or OF which he has at the time, posses
sion or control, shall on conviction, be ad-
judged guilty Of felony, and punished by
Imprisonment at hard labor for term OF not
less than one year nor more than five years.
SEC. 3 Every person who shall knowingly
lease or rent 10 another any house, building,
shed, booth, lot or other place or premises or
any part thereof. for any Of the unlawful uses
described in the foregoing sections OF this act,
shall, upon conviction, be adjudged guilty OF
felony, and punished by Imprisonment at hard
LABOR Tor term not less than one year nor
more than fire years.
SIC. L. All places used for any of the un-
lawful purposes mention in this act are hereby |
declared to be nulsances and upon the judg- |
menC OF court having jurisdiction, finding |
such place to be q nuisance under this sec |
tion, the sheriff, his deputy or under sheriff, |
or any constable OF the proper county, or mar |
shal OF any city where the same is located |
shall be directed to shut up and abate such |
places by taking possession Of all such devices |
and all other property used in keeping and |
sonal property 80 taken shall be forthwith |
publicly destroyed by such officer,
The attorney general, county attorney |
or any citizen OF the county where |
such nut,ance exists or is kept or is |
may maintain an action in |
the name of the state to abate and perpetu- |
ally enjoin the same. The injunction shall |
be granted at the commencement Of the |
action and no bond shall be required.
Any person violating the terms of an injunc- |
tlon granted In such proceedings shall be |
punished for contempt by fine OF not less |
than one hund red dollars nor more than five |
hundred dollars and by imprisonment In the |
county Jail not less than thirty days nor more
than six months In case judgment Is rem |
dered In favor of the plaintiff In any action |
brought under this section, the court render.
Ing the same shall also render judgment for |
reasonable attorneys fee In such action In
favor Of plaintiff and against the defendants
therein, which attorneys fee shall be taxed
and collected Rs other costs therein, and,
when collected, paid to the attorney or at.
torneys Of the plaintiff therein.
SEC. g. Section 239 OF chapter 81 Of the gen.
eral statutes OF 1868. as amended by section I,
chapter l49 OF the laws OF 1887, and clOn 241
Ot said chapter 81, and all other acts and
Darts OF acts in conflict herewith are hereby
repealed.
SEC 6, This act shall take effect and be in
'orce from and after its publication In the
official paper.
hereby certify the above bill originated in
he house and passed that body January 10,
1895. G. K. LoBDELL,
Speaker Of the House.
FRANK L. BROWN,
Chief lerk Of House.
Passed the senate, January 30. 1898.
JAMES A. TROUTMAM,
President Of the Senate.
Secretary Of the Senate
Approved: E. N. MORRILL,, Governor.
STATE OF X tNsAs,
OFFICE OF SECRETARY OF STATE,
l, W. G. Edwards, -ecretary Of state OF the
tate OF Kansas, do hereby certify that the
IbOve and foregoing Is a true and correct copy
u enrolled bill No. 2, now on file IN my Office.
n testimony whereof, have hereunto sub
seribed by name and affixed my
lsEALl official seal. Done at Topeka, Kas.,
this 4th day OF February, 1895.
w. Z. EDWARDS.
Secretary OF Ssate.