The Birmingham age-herald., 1909-09-16

plements whatever; any person violat- ing the foregoing provision shall be guilty of felony and shall be punish ed by imprisonment in the penitentiary for not less than one nor more than five years: and all persons who visit or resort to any such barred or barri- caded house or room or other place that is built or protected or equipped in the manner described in this sec ton and where any cards. dice. rhoulette wheel or any gaming imple- ments whatever are kept or exhibited or exposed to view when said persons visit or resort to such place for tho l purpose of gaming, shall be guilty of a misdeameanor and upon conviction shall be fined not less than fifty nor more than three hundred dollars, and may also be imprisoned in the county jail or sentenced 10 hard labor for tho county for not more than six months; and any person who, being the owner. proprietor or keeper or superintendent of any tavern, inn, restaurant, billiard room. pool room or other public house, permits or suffers any person or per- sons on or about the premises 10 pro- vide a barred or barricaded room or rooms to which persons resort for gaming, or who knowingly or wilfuly permits knowingly wilfully suf- fers any person or persons to equip any room or rooms about the premises with electric bells. wires or signals or elevators or dumb walters or other implements or appliances connected with such room used or 10 be used for the purpose of communi- eating with any occupant or occupants or such gaming room or rooms, shall likewise be guilty of a felony and shall be punished by imprisonment in the pen  than five years.
 Section. 1-2 That when an affidavit is made before a justice of the peace or a judge of an inferior court having civil or criminal Jurisdiction of a jus tice of the peace, or before the recorder of a town or city. that the complainant has probable cause to believe and does believe that any house or any part of a house particularly designating the same is being kept or maintained con- trary to the provision of this statute. or that gaming table is being ex- hibited kept at said place, or that said house or part Of a house or any room therein is provided with electric bells or other instruments or ap- piances herein above set forth for communicating with the occupants of such place or room, or that some other ofense under this act is being com nlitted al said house or room. then the magistrate above named to whom tho application is made shall examine the complainant or affiant under oath. and other witnesses if he so desires. touching the matter charged in the affidavit. and if the said magistrate has probable cause for believing that the act or offense alleged in the af- fidaVit is being committed he shall issue his warrant directed to any law fu officer of the State of Alabama k.sw room and to arrest all parties found therein and to bring them before such magistrate to be dealt with according to law. It shall be the duty of the officer in executing said warrant to break into and enter such house, room or part of a house upon the re- fusal of the proprietor or any occupant thereof to open the same, and seize all gambling instruments and bring such instruments together with all gambling devices, and the parties that found there. before the ma gistraie who issued the warrant. If it appears from the affidavit of the complainant, or of any other witness that he pro- duces, what persons are the proprietors of the occupants of the house. part of a house or room hereinabove de- scribed. the warrant Shall order the arrest of such persons by name. but if such proprietors or occupants are un- known it may be so stated in the af- fidavits and warrants and upon bring ing the said persons who are arrested under said warrant before the court q supplemental affidavit may be made against them by the complainant or any officer executing the warrant. charging them with the offense of felony of which they appear to be guilty under the provisions of this act and the magistrate shall thereupon fa fha exrfda In. case, and if probable cause Is shown for believing said parties any of them to be guilty he shall bind them over under proper bond to await the action of the grand jury in accordance with the laws of the State as prescrib- ed in preliminary examinations before justices of the peace or other magis- trates authorized by law to conduct preliminary examinations and all rules of procedure applicable to such pre- lininary examinations shall be like wise applicable to proceedings under this statute.
 Sec. 5. That the presence of cleo trio bells, wires or signals or dumb walters or of other implements or ap- pliances that may be used for the pur- pose of communicating with persons who are occupying barred or bar rcaded room on about the premises of a hotel, restaurant, billiard room. pool room or any room above the grade floor in the business district of any town city, is prima facie evil dence that gaming was being there carried on by such parties in any prosecuting against them If they havo the general reputation of being gam hlers, and in all such cases proof of such general reputation is admissible in evidence.
 Sec S. That this Act shall take ef- feet from and after its approval by tho Governor the public welfare requiring it.
 Approved August 18th, 190e
 Official.
 Frank N. Julian.
 Secretary of State.
 No. 62) AN ACT (H 1e9 urn