The Birmingham age-herald., 1907-01-21

erty was used contrary to any provisions l Of this act, after such owner, lessee, ten
 ant or person in the possession, manage
 ment or control of such property, and l been notified in writing by any peace of- ficer, magistrate, district or county attor-
 ney, that such property was being used | for such unlawful purpose, shall const1-
 ute a prima facie case against that own l CT, lessee, tenant or person in the pos l session, management or control of such | property, and in order for the defendant ] to rebut such prlma faeie case, he being | the owner, lessee, tenant or person in 1 possession, management or control or such property, shall be required to prove that after receiving such notice he used with reasonable diligence all of the legal means in his power to prevent the con- tinuance of such unlawful use of such property, and in prosecutions under this section of this act, the court shall give | this section of this act in charge of the l jury The enumeration herein of what shall constitute a prima facie case of guilt under this section of this act shall not be construed as preventing the state from making such proof by any other legal and competent evidence.
 Posting Fictitious Quotations.
 Sec. 5. If any person shall post or cause | to be posted in any house, room or place kept or used for any purpose rendered un- lawful by any of the provisions of this act, any figures or writing showing future ] quotations of anything real or fictitious, or shall exhibit to any person for the pur- pose of being used to aid in the violation of or contrary to any of the provisions of this act any writing or figures showing such future quotations, or shall permit any person to read or inspect any writing or figures showing such future quota tions. for the purpose of using the same to aid in the violation of or contrary to any of the provisions of this act, or shall write, print or publish or cause to be written or published any such future quo tation in any manner, except in a bona f1de newspaper or trade Journal, he shall be punished by two years confinement in the pententiary.
 Sec. 6. If any owner, lessee manager, operator. agent or employe of any tele- graph or telephone company, incorporated or unincorporated or of any telegraph telephone line or system shall knowingly furnish to any person engaged in any business rendered unlawful by any of the provisions of this act, and future quota tions, or shall deliver to or transmit or shall agree to or undertake to deliver or transmit for any person, any bid, offer or proposition for any deal in futures, re- lating to anything mentioned in the first section of this act, or shall knowingly permit any part of the wires, instruments or equipment of such telegraph or tele- phone company telegraph or telephone line or system to be so used, whether or not the same be leased by the person persons, so illegally using same, he shall be punished by two years confinement in the penitentlary In prosecutions under this section 1t shall be permissible to prove by general reputation that the per son to whom such future quotations were delivered. or to whom or for whom such nffa
 was engaged in any business rendered unlawful by this act.
 Sec. r. If any corporation, Association copartnership or person shall knowingly permit to remain in any premises or upon any property owned by or under the con- trol of such corporation, association, CO., partnership or person, any bulletin boards, black boards, telegraph or tele- phone instruments or other equipment, such as are used ordinarily in what are commonly known as wire houses or bucket shops, he shall be punished by fine of not less than one hundred dollars nor more than one thousand dollars, and each day this section is violated shall constitute a separate offense
 Sec. 8. If any person shall knowingly remain, or loaf or loiter in any place kept or used for any purpose rendered unlawful by any of the provisions of the act, or which such person by the use of ordinary observation might have known was being kept or used for such unlawful purposes, he shall be fined in any sum not less than twenty-five nor more than one hundred dollars.
 Future Quotations Defined.
 Sec. g. By the expression Future quo tatons," as used in this act, Is meant any statement as to the price at which anything real or fictitious is bought or sold, or purported to have been bought, | sold or contracted to be bought or sold, for future delivery or any offer to sell or purchase for future delivery, or any | statement as to the amount or quantity of anything sold for future delivery on | any exchange or board of trade.
 | Sec. 10. A sale or purchase or con- | tract to sell or purchase anything to be delivered in the future. where either the seller does not in good faith at the time of such sale or contract to sell intend to deliver such thing, or the buyer at such time does not in good faith intend to
 receive such thing and pay therefore, in accordance with the terms of such sales
 or contract of sale, or any sale or pur- chase, or contract of sale or purchase or | cotton, or grain to be delivered in the | future, where such contract does not specify the grade of cotton or grain sold or bought, or contracted to be sold or bought, or any such contract which spe- | cifies that the same may be filled by the delivery of any other grade of cotton or grain than that specified in such con ! tract as being sold or bought; or any such contract which specifics more than one grade of cotton or grain to be sold or purchased, at the option of either the seller of buyer 9r any such sale or puf-
 chase or contr&ct of sale or purchase which is made 6r pretended to be made through, or anyl exchange, or board of i trade, whose rules regulations, customs, or bylaws allows such contract to be | filled by the delivery or tender of any | grade of cotton or grain, except the one specified in such contract as being the | grade bought or sold or other than the grade specified in such sale or purchase, or contract of sale or purchase, as the 1 basis for the price of cotton or grain, bought or sold, ON contracted to be bought or sod or where no specific grade | or quality of cotton or grain must be
 delivered or accepted, or where settle
 ment other than byl the delivery accord
 ing to contract, of the commodity spe-
 cifled therein as allowed. is hereby de- cared to be "a deal in futures and "a | future contract" as these terms are used
 in this act, whether the thing bought or
 sold or contracted to be bought or sold,
 is to be delivered, or is to be paid for in this state or out of 1t. These defini-
 tons are not intended, however, to be
 exclusive or to relieve from the provis- 1 ions of this act any transaction which Is
 commonly known as deals or dealing in
 futures, or which is so known in the
 terminology of cotton or grain ex- changes, or of boards of trade when
 there is not a bona fide intention of both
 the buyer and the seller. at the time | of such transaction, at the thing 50