2168. (2074.) Making or selling poisonous liquors.-165. Whoever uses any active poison in the manufacture or preparation of any intoxicating liquor, or knowing sells or offers for sale, in any quantity, any intoxicating liquor so manufactured or prepared, shall be imprisoned in the state prison not more than seven years nor less than one year, and fined not exceeding five hundred dollars.

2169. (2075.) Befouling water.-168. Whoever maliciously or mischievously puts any dead animal carcass, or part thereof, or any other putrid, nauseous, noisome, or offensive substance, upon any highway, or into, or in any manner befouls, any well, cistern, spring, brook, canal, or stream of running water, or any reservoir of waterworks, of which any use is or may be made for domestic purposes, shall be fined not more than one hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than sixty days nor less than ten days.

Urinating in a spring of water located in a place where many persons are accustomed to drink therefrom, is a public nuisance. State v. Taylor, 29 Ind. 517.

SEC.

2170. Raffling.

ARTICLE 8.-AGAINST PUBLIC POLICY.

2171. Lotteries and gift enterprises.

2172. Advertising lotteries.

2173. Keeping gaming-houses.

2174. Permitting gambling on the grounds of agricultural society.

2175. Inducing minors to gamble. 2176. Gaming.

2177. Betting and pool-selling. 2178. Bunko-steering.

2179. Keeping room for pool-selling. 2180. Common gambler.

2181. Keeping devices for gaming. 2182. Allowing minors to play.

2183. Allowing minors in billiard rooms, etc.

2184. Private houses excepted.

2185. Giving or selling tobacco to children.
2186. Doing business without license.
2187. Found drunk in public.
2188. Selling liquor to drunken man.
2189. Selling liquor to habitual drunkard.
2190. Selling liquor to minor.

SEC.

2198. Keeping animals for fighting.
2199. Cruelly carrying animals.

2200. Railroad transportation.
2201. Complaint-Search warrant.
2202. Duty of officers.

2203. Animal defined.
2204. Penalty.

2205. Suffering glandered horse at large.
2206. Allowing diseased sheep at large.
2207. Bringing in Texas cattle.
2208. Killing deer.

2209. Hunting quails, pheasants, or wild
turkeys.

2210. Taking prairie chickens, etc.
2211. Destroying birds.

2212. Killing or selling wild birds.
2213. What are game birds.
2214. Penalty.

2215. Permits-Exemption.

2216. Permits, obtaining-Bond.

2217. Permits-Time to run-Transferring. 2218. Birds exempted.

2219.

Destroying woodcock or wild duck.

2191. Misrepresenting age, to obtain liquor. 2220. Hunting on lands.

2192. Furnishing liquor to prisoners. 2193. Keeping disorderly liquor-shop. 2194. Selling liquor on Sunday, etc.

2195. Druggist selling liquor on Sunday,

etc.

2196. Trading near camp-meeting, etc. 2197. Cruelty to animals.

2221. Injuring property while hunting.
2222. Keeping quails, etc., for sale.
2223. Carrying game.

2224. Selling game not shot.
2225. Carrying game beyond state.
2226. Killing wild pigeons.
2227. Hunting squirrels.

2262. Failing to keep light on drawbridge. 2263. Obstructing navigable stream. 2264. Maintaining bridge without draw. 2265. Leaving bridge open.

[1881 S., p. 174. In force September 19, 1881.]

2170. (2076.) Raffling.-170. Whoever sets up or proposes any money, goods, chattels, or things in action to be raffled for or to be distributed by lot or chance to any person who shall have paid or contracted to pay any valuable consideration for the chance of obtaining such money, goods, or things in action, shall be fined not more than one hundred dollars nor less than ten dollars.

2171. (2077.) Lotteries and gift enterprises.-171. Whoever sells a lottery ticket or tickets or share in any lottery scheme or gift enter prise; or acts as agent for any lottery scheme or gift enterprise; or aids or abets any person or persons to engage in the same; or transmits money by mail or express, or otherwise transmits the same, to any lottery scheme or gift enterprise for the division of property, to be determined by chance; or makes or draws any lottery scheme or gift enterprise for a division of property not authorized by law, on convic tion thereof, shall be fined in sum not more than five hundred dollars nor less than ten dollars.

An indictment for making a lottery for the division of property should describe the property. Markle v. State, 3 Ind. 535.

An indictment for selling lottery tickets should describe the tickets, or show an excuse for not doing so. Whitney v. State, 10 Ind. 404.

An indictment for selling a share or chance in a lottery substantially in the language of the statute, is sufficient. Trout v. State, 111 Ind. 499.

All schemes for the division of property by chance are lotteries. Whitney v. State, 10 Ind. 404; Swain v. Bussell, 10 Ind. 438; Crews v. State, 38 Ind. 28; Hudelson v. State, 94 Ind. 426.

66

Courts will take judicial notice that a of property by chance, and is a lottery. The constitutional provision against lotteries is in restraint of legislative authority to authorize lottery schemes in this state or the sale of tickets within the state in schemes organized without the state. Riggs v. Adams, 12 Ind. 199.

gift enterprise" is a scheme for the division Lohman v. State, 81 Ind. 15.

The lottery privilege conferred upon the Vincennes university by the territorial legislature of 1807 was abrogated by section 8, article 15 of the constitution of this state, overruling Kellum v. State, 66 Ind. 588. State v. Woodward, 89 Ind. 110.

When lottery tickets can be produced parol evidence of their contents is not admissible. Whitney v. State, 10 Ind. 404.

2172. (2078.) Advertising lotteries.-172. Whoever writes, prints, advertises, or publishes in any way, an account of any lottery, gift enterprise, or scheme of chance of any kind or description, by whatever name, style or title, the same may be denominated or known, stating when or where the same is to be drawn, or the prizes therein or any of them; or the price of a ticket; or showing therein where any ticket may be obtained; or in any way giving publicity to such lottery, gift enterprise, or scheme of chance, shall be fined not more than five hundred dollars nor less than ten dollars.

As to the form and sufficiency of an indictment under this section, see Lohman o. State, 81 Ind. 15; Hudelson v. State, 94 Ind. 426.

Courts will take judicial notice that a "gift enterprise" is a scheme for the division of property by chance. Lohman v. State, 81 Ind. 15.

2173. (2079.) Keeping gaming houses.-173. Whoever keeps a building, room, arbor, garden, booth, shed, tenement, or canal-boat, wharf-boat, or other water-craft, to be used or occupied for gaming; or knowingly permits the same to be used or occupied for gaming; or whoever, being the owner of any building, room, arbor, garden, booth, shed, tenement, or canal-boat, wharf-boat, or other water-craft, rents the same to be used or occupied for gaming,-shall be fined not more. than five hundred dollars nor less than ten dollars.

See section 1884.

An indictment for keeping a house to be used for gaming need not aver that gaming had actually taken place. State v. Miller, 5 Blkf. 502; McAlpin v. State, 3 Ind. 567; Sowle v. State, 11 Ind. 492; State v. Pancake, 74 Ind. 15.

An indictment for keeping a gaming house may charge that the house was kept for, and was used for, gaming. Dormer v. State, 2 Ind. 308; Crawford v. State, 33 Ind. 304; Davis v. State, 100 Ind. 154.

An indictment for suffering a house to be used for gaming must aver that gambling has actually taken place, and state the names of the persons engaged therein. Sowle v. State, 11 Ind. 492; State v. Noland, 29 Ind. 212.

A general description in an indictment of property rented or permitted to be used for gaming is sufficient, and the name of the tenant need not be stated. Kleespies v. State, 106 Ind. 383.

The keeping of a room where games are played, and the players are permitted to wager the price of the charges for playing the game upon the result thereof, is keeping a gaming house. Crawford v. State, 33 Ind. 304; Hamilton v. State, 75 Ind. 586.

When the charge is for permitting gaming to be carried on, the proof must show that the defendant knew of the gaming. Padgett v. State, 68 Ind. 46; Hamilton v. State, 75 Ind. 586; Barnaby v. State, 106 Ind. 539.

When the charge is for permitting gaming, and it is alleged that certain articles were bet and wagered, the proof must correspond to the allegation. Carr v. State, 50 Ind. 178. The keeping of a gaming house is a continuous offense, and a conviction bars a prosecution for all acts prior to the date in the indictment. State v. Lindley, 14 Ind. 430.

An indictment for renting property to be used for gaming need not state to whom the property was rented. Fisher v. State, 2 App. 365.

On a charge for renting property to be used for gaming it must be proven that the renting was for such purpose, but the fact may be proven by circumstantial evidence. Rodifer v. State, 74 Ind. 21; Morgan v. State, 117 Ind. 569; Voght v. State, 124 Ind. 358. The statute, section 1815, R. S. 1881, providing what evidence shall be sufficient to prove that a place was rented for gaming, is constitutional. Morgan v. State, 117 Ind. 569.

[Acts 1885, p. 127. In force July 18, 1885.]

2174. (E. S. 346.) Permitting gambling on the grounds of agricultural society.-1. It shall be unlawful for any officer or officers, or any manager, director or trustee of any county fair, agricultural society or joint stock association, or the officers of any fair, agricultural, joint stock company or association, organized under the laws of this state, to rent, lease, let or donate any portion of the premises or grounds, or any booth, stall or tent owned, used, leased or occupied by any fair, society, association or stock company, to any person, persons, company or society, to be used for the purpose of carrying on any game of chance or skill, or any scheme, lottery or drawing,

other device for the purpose

, or upon the result of which gered. Any officer or officers

with dice, cards, balls or wheels, or of wagering money or anything of money or anything of value shall who shall violate any of the provisions of this act shall, upon conviction in a court of competent jurisdiction, be fined not less than twenty-five dollars nor more than one hundred dollars.

For form and sufficiency of an indictment under this section, see State v. Johnson, 115 Ind. 467.

[1881 S., p. 174. In force September 19, 1881.]

2175. (2080.) Inducing minors to gamble.-174. Whoever, being an adult, by any device or pretense, entices any person under the age of twenty-one years, knowing such person to be a minor, to engage in any game whatever for money or property of any value; or plays or bets at or upon any game or wager, or upon the result of any game or election, with a minor, knowing him to be such,-shall be fined not more than one hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than one year nor less than thirty days.

2176. (2081.) Gaming.-175. Whoever, by playing or betting at or upon any game or wager, or upon the result of any game or horserace, or trial of speed between men or animals, either loses or wins any article of value, shall be fined in any sum not more than one hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than three months nor less than ten days.

An indictment for gaming must name the persons engaged in the game, and with whom the bet was made, if known. Butler v. State, 5 Blkf. 280; State v. Stallings, 3 Ind. 531.

The indictment should state the amount lost or won. Long v. State, 13 Ind. 566. The particular game played need not be stated in the indictment, but some description thereof should be given. State v. Maxwell, 5 Blkf. 230; Webster v. State, 8 Blkf. 400.

An indictment alleging the winning or losing on the result of an election before the election is held, is bad. State v. Windell, 60 Ind. 300.

An indictment will lie upon a conditional contract for the sale of property depending upon the result of an election. Parsons v. State, 2 Ind. 499; Hizer v. State, 12 Ind. 330.

Betting on the result of an election is gaming. Frazee v. State, 58 Ind. S. Betting upon a horse race is gaming. Cheesum v. State, 8 Blkf. 332; Wade v. Deming, 9 Ind. 35,

To make a bet or wager criminal it must be made upon some of the things included within the statute relating to gaming. Smoot v. State, 18 Ind. 18; Alvord v. Smith, 63 Ind. 58.

When persons play a game under an arrangement that the loser is to pay for the use of any article used in playing the game, it is gaming. Mount v. State, 7 Ind. 654; Crawford v. State, 33 Ind. 304; Alexander v. State, 99 Ind. 450.

It is not necessary to prove the winning or losing of the exact sum laid in the indictment. Parsons v. State, 2 Ind. 499; Alexander v. State, 99 Ind. 450.

The proof must correspond to the allegations in the indictment as to the persons between whom the bet was made, and as to the losing or winning of money or articles.