Daily Arizona silver belt., 1909-02-05

dered unlawful by this act, whether or not the same be leased by the person or persons so Illegally using the same, such, company or agent shall be fined not less than one hundred nor more than one thousand dollars, and each day that this section of this act is cio. lated, shall constitute separate of. fence.
 Sec. 8. In any prosecution of this act in which it shall be material issue as to whether or not in the offer to, or contract to sell or purchase for future delivery, anything mentioned in this act, it was the intention of the defen- dant that such thing should be deliy. cred and paid for in accordance with the terms of such offer or contract was for the future delivery of such thing, shall constitute prima facie case for the territory on this issue, and the burden shall be upon the defendant to prove that the thing so contracted for, or offered to contracted for was in fact delivered in accordance with the terms of such contracts or that it was the bona fide intention of the defendant at the time of making such contract, that such thing should be so delivered and the court trying the case shall so charge the jury.
 Sec. g. If, in any prosecution under this act, it shall be a material issue as to whetHer or not the rules, regula- tions, bylaws or customs of any ex- change or board of trade on, by or through which any contract or offer for future delivery was made, permitted such contract or. transaction to be set tied or closed by the delivery or tender mentioned in such contract or transac- ton other than the grade. upon which the prico was based in said transac ton, or at any price other than the actual price for spot delivery of such other grade or grades, at the time and place of such delivery or tender, proof that the same was made or offered or pre- tended to be made by, through or upon any exchange or board of trade shall constitute prima facie case for the territory. e
 Sec. 10. No person shall be exempt from testifying as to any violation of the provisions of. this act, by reason of being himself guilty of such violation, but no person called by the territory or grand jury to testify shall be pros acutaa for auy y;olof;an of anu of thn provisions of this act, testified to by such person.
 Sec. II. The habituai use, actual, threatened or contemplated. of any premises, place or building, telegraph or telephone wires or instruments in vio- lation of any of the prohibitions of this act, shall be enjoined at the suit of either the territory or any citizen thereof.
 See l2. Tho attorney general or district attorneys of the counties of Arizona shall prosecute all suits deemed by them necessary to enjoin such use; provided, that nothing herein shall pre- vent such injunction from issuing at the suit of any citizen of this terri tory who may sue in his own name, and such citizen shall not be required to show that he is personally injured by the acts complained of.
 Sec. l3. The procedure in all cases brought under the two preceding sec tions of this act shall be the same as in other suits for injunctions as near as may be, provided, that when such suit is brought by any district attorney or by the attorney general of the ter ritory, the petition for injunction need not be verified.
 Sec. II. This act shall take effect on and after the first day of July, 1909.
 Sec. l5. All acts and parts of acts in conflict with this act are hereby re- pealed.