Deming graphic., 1921-03-22

hibiting games prohibited by the laws
OF this state as herein provided shall
he enjoined by the district court at
the suit Of the state or any citizen
thereof; and any person who may so
use or who may he about to use, or
who may aid and abet any other per-
son in the use of or who may be the
owner or lessee OF any premises, place
or building or part thereof for such
use shall he made party defendant
In such suit and enjoincd as provided
herein; and such premises, place,
building or part of building so used
used for any purpose made unlawful
by this act, shall be closed by ordec
Of said court until bond shall be FUR
nished payable TO the state OF New
Mexico in such sum as said court In
its discretion shall by order aud its
Judgment provide, conditioned that
such premises, place, building, or part
of building will not be used as u
place for gaming or In which the
provisions OF this act will not be- viO-
lated
"Sec. l. The attorney general and
the several district attorneys shall In
stitute and prosecute all suits under
section G hereof, in the name Of the
state Of New Mexico as plaintiff, that
said attorney general or such district
attorney may deem necessary for en-
forcing its provisions; Provided. that
such injunction shall not issue lt the
suit OF any citizen OF this state 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. S. Upon filing with any dis
trict judge having jurisdiction, Of an
affidavit In writing made by any citi-
zen that gaming as prohibited by
this act is being conducted in any
building, room, premises or place, de
scribing the same sufficiently fOc
Identification, ii shall be the duty OF
such officers with whom afi i.dayit is
flied. TO immediately issue warrant
commanding the peace officer to
whom the same is addressed to form
with enter and search such building,
room, premises or place, and in the
event IL is being used for purposes
prohibited by this act. he shall arrest
without a warrant the parties there
in or making their escape therefrom.
who would be subject 10 arrest with
a warrant, and take possession VI any
gambling paraphenalia, device OF
equipment found therein, ana shall
hold the same until deprived OF the
~. Isrl Ia Il
be the duty Of such officers to take
the persons 10 arrested before some
magistrate having Jurisdiction and
lodge the proper complaint against
each person SO arrested.
Sec. .. The existence OF any gam
ing house, gambling table, banking
game, gaming paraphernalia. gaming
devices or any kind OF equipment OF
n gambling house Is hereby declared
to be a public nuisance. and such
house shall be closed and such gam
bling tables and all other gaming
equipment and paraphernalia men
toned in this section may be- destroy
I'll by order Of the district court upon
any hearing for an injunction us pro-
vided by the terms Of this act.
See 10. The use Of any house,
property or premise b. any tenant
or lessee for any purpose made un-
lawful by this net. shall terminate
all rights and interests of such ten
ant or lessee TO the same ANA shall
entitle the owner thereof 10 the ip-
mediate possession Of said house,
property or premises AT his election.
"Sec. IL. ANY court officer, tribu-
nal or grand jury having Jurisdiction
Of the offenses enumerated In this
chapter, or any district attorney may
subpoena persons and compel their
0t'endapce as witnesses, and compel
them 10 testify as to any violation OF
this act. Any person 50 summoned
or examined shall not be- liable to
Prosecution FER any violation u this
act upon whi,t he testifies \ con
v;Ction may be had Spr any viJlatiun
OF this act by the unsupporie tesi-
MOI, Of any accom- Zee or pa:uci
pant
Sec II The fines assessed and col
lected under the provisions OF this
act shall go 20 the school fund Of the
school district, village, town or city
in which such Offense il committed.
except in villages or cities OF over
900 inhabitants. IN which case one
half Of all fines shall 90 10 the vii
lage, town or city.
= "Sec. 10, All laws aud parts Of