port of such application, any petition, schedule, book, account, voucher, or other paper or document, knowing the same to contain any false statement; or,

Third: Fraudulently makes or exhibits, or alters, obliterates or destroys any account or voucher relating to the condition of his affairs, or any entry or statement in such account or voucher; or,

Fourth: Practices any fraud upon any creditor, with intent to induce him to petition for, or consent to such discharge; or,

Fifth Conspires with or induces any person fraudulently to unite as a creditor in any petition for such discharge, or to practice any fraud in aid thereof is guilty of a misdemeanor. (2720 R. L. 1910.)

ARTICLE XXXVII.

FREE PASSES AND FRANKS.

1307. Passes and Franks,

1307. Passes and Franks-Any person or railroad, transportation or transmission company violating the provisions of section 13, art. IX, of the constitution, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than five hundred dollars, or by imprisonment in the county jail of the county where the offense is triable of not less than thirty days nor more than twelve months, or by both such fine and imprisonment in the discretion of the court; provided that nothing herein shall prevent any railroad company or transportation company from carrying free any child or children under the age of seven years. (2242 R. L. 1910.)

1308. Gambling-Conducting-Every person who opens, or causes to be opened, or who conducts, whether for hire or not, or carries on either poker, roulette, craps or any banking or percentage, or any gambling game played with dice, cards or any device, for money, checks, credits, or any representatives of value, or who either as owner or employe, whether for hire or not, deals for those engaged in any such game shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine of not less than five hundred dollars, nor more than two thousand dollars, and by imprisonment in the state penitentiary for a term of not less than one year nor more than ten years. (S. L. 1916, 54.)

Any mechanical device, which, in its operation, involves any element of chance whatsoever, is a gambling device and a violation of law. Johnson v. State, 15 Okla. Cr. 460, 177 P. 926.

Any table or other device, necessarily adapted to the use and necessarily used in carrying on any prohibited games, is a gambling device. Jones v. Terr., 5 Okla. 536; Moore v. State, 9 Okla. Cr. 9, 130 P. 517.

"Device" is the means, instrument, contrivance or thing by which a banking or percentage game is played. The game at which defendant deals, plays, carries on, opens, or conducts must be one of these specially prohibited, or some banking or percentage game played with dice, cards, or some other device. James v. State, 4 Okla. Cr. 587.

Not unlawful to play at any prohibited games unless same are dealt, played, carried on, opened, caused to be opened, or conducted for money, checks, credits, or other representatives of value. Proctor v. Terr., 18 Okla. 378.

Since "poker" is used in the statute, not necessary to describe same in

an information. Sweitzer v. Terr., 5 Okla. 297; State v. Carter, 2 Okla. Cr. 706, 103 P. 1042.

Information must charge that prohibited games were conducted, played at, etc., for some representative of value. Proctor v. Terr., 18 Okla. 378, 92 P. 389; Brown v. State, 5 Okla. Cr. 41, 113 P. 219; Proctor v. State, 9 Okla. Cr, 81, 130 P. 819.

Not necessary that information charge that games were opened, conducted, carried on, etc., for any thing of value, but should allege that games were played at for something of value. Johnson v. State, 10 Okla. Cr. 597, 140 P. 622.

1309. Gambling-Any person who bets or plays at any of said prohibited games, or who shall bet or play at any games whatsoever, for money, property, checks, credits or other representatives of value with cards, dice or any other device which may be adapted to or used in playing any game of chance or in which chance is a material element, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail for a term of not less than one day, nor more than thirty days, or by both such fine and imprisonment. (S. L. 1916, 55.)

1310. Three Card Monte and Other Confidence GamesAny person who deals, plays or practices in the State of Oklahoma, or who is in any manner accessory to the dealing, playing or practicing of a swindle known as three-card monte, or any other swindle or confidence game, play or practice, shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not less than one thousand dollars, nor more than five thousand dollars, or by confinement in the penitentiary for a term of not less than one year nor more than five years. (2500 R. L. 1910.)

1311. Duty of Railroad Employees and Bystanders-It is hereby made the duty of railroad conductors and brakemen, without warrant or other process, to arrest immediately any person violating on railroad trains any of the provisions of the preceding section, and to call upon all bystanders or others for assistance, when the same may be necessary to enable them to make such arrest, and when such offense is committed on any railroad car, coach or train, the venue shall lie and the person be tried in any county through which said railroad may run, not outside of the judicial district in which the offense was committed. (2501 R. L. 1910.)

1312. Permitting Gambling in Building or on GroundsAny person who shall permit any gaming table, bank, or gam

ing device prohibited by this article, to be set up or used for the purpose of gambling in any house, building, shed, shelter, booth, lot or other premises to him belonging, or by him occupied, or of which he has, at the time, possession or control, shall be, on conviction thereof, adjudged guilty of a misdemeanor, and punished by a fine not exceeding two hundred dollars, nor less than one hundred dollars, or by imprisonment in the county jail for a term not exceeding six months nor less than thirty days, or by both such fine and imprisonment in the discretion of the court. (2502 R. L. 1910.)

Information for permitting gambling device set up and operated. Moore v. State, 9 Okla. Cr. 9, 130 P. 517.

1313. Leasing for Gambling Purposes-Any person who shall knowingly lease or rent to another any house, building or premises for the purpose of setting up or keeping therein any of the gambling devices prohibited by the preceding provisions of this article, is guilty of a misdemeanor. (2503 R. L. 1910.)

1314. Building-Use for Gambling-It shall be unlawful for the owner or owners of any real estate, buildings, structure or room to use, rent, lease of permit knowingly, the same to be used for the purpose of violating section 1308 of this Act. Any person who shall violate the provisions of this section shall be liable to a penalty of not less than one hundred dollars nor more than one thousand dollars for each offense, to be recovered at the suit of the state. The penalty so recovered shall become a lien on the property and premises to be used, leased or rented in violation of this Act from and after the date of the filing of the suit to recover such penalty, and the filing of a notice of the pendency of such suit with the county clerk of the county wherein said property is located, and upon final judgment said property may be sold as upon execution to satisfy the same, together with the cost of suit; provided, however, that such lien shall not attach to property under the control of any receiver, trustee, guardian or administrator appointed by a court of competent jurisdiction, but in such case, the receiver, trustee, guardian or administrator shall be liable on his official bond for the penalty so incurred and in addition thereto shall be guilty of a misdemeanor. Each day such property is so used, leased or rented for any such unlawful purpose shall constitute a separate offense and the penalty herein prescribed shall be recovered for each and every day. All leases between landlords and tenants, under which any tenant shall use the prem