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car or mail car, or any train in this State, shall be guilty of a misdemeanor. ( 2578 R. L. 1910.)

1786. Offenders-Where Tried-Any person charged with a violation of the preceding section may be tried in any county in this State in which such violation may have occurred or may be discovered. (2579 R. L. 1910.)

1787. Vagrants Defined.

ARTICLE LXXVIII.

VAGRANTS.

1788. Punishment for Vagrants.

1787. Vagrants Defined-The following persons are vagrants within the meaning of this article:

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First: An idle person who lives without any means, or who has no visible support and makes no exertion to obtain a livelihood by honest employment.

Second: Any person who strolls or loiters idly about the streets of any city, or town, having no local habitation and no honest business or employment.

Third: Any person who strolls about to tell fortunes or to exhibit tricks not licensed by law.

Fourth: Any common prostitute, any manager or controller of a house of prostitution or ill-fame, or any one employed therein as barkeeper, caller of figures for dances, or habitual frequenter thereof.

Fifth: Any professional gambler or gamblers commonly known as a tinhorn gambler, card player, or card sharp.

Sixth: Any person who goes about to beg alms, who is not afflicted or disabled by a physical malady or misfortune. Seventh: Any habitual drunkard.

Eighth: Any person who abandons or neglects or refuses to support his family. (S. L., 1919, 98.)

1788. Punishment for Vagrants-Any person arrested and convicted of vagrancy within the meaning of this article, shall be punished by a fine of not less than ten dollars, nor more than one hundred dollars, or by imprisonment in the county jail for a period of not exceeding thirty days, or by both such fine and imprisonment. (2516 R. L. 1910.)

"Professional gamblers" defined. General reputation of defendant not admissible. Mitchell v. State, 9 Okla. Cr. 172, 130 P. 1155.

In charging vagrancy by an "idle person," etc. the information should charge that on a day certain and for some space of time previous thereto, the defendant committed the acts constituting the offense, etc. Armstead v. State, 11 Okla. Cr. 649.

All classes may be set out in same charge and proof of either is sufficient for conviction. Boggess v. State, 15 Okla Cr. 223, 175 P. 946.

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1792.

1793.

1795.
1796.

Public and Private Institutions.
Examination and Treatment.

False Certificate by Physician.
Treatment by Person Other Than 1797. Exposure of Records.
Physician

1789. Definition of Terms-For the purposes of this act the words "venereal disease" shall include any and all diseases commonly communicable from any person to any other person of the opposite sex through or by means of sexual intercourse and found and declared by medical science or accredited schools of medicine to be infectious, or contagious. All words or phrases using the male or female gender, in this Act, shall be construed to mean and cover the gender of the opposite sex.

"Infected person," as used in this act, shall mean and apply to any person, of either sex, who may be contaminated or afflicted with any venereal disease.

The word "dealer," as used in this act, shall mean and cover any person, firm or corporation who or which may handle, for sale, any medicinal remedies or supposed remedies for venereal diseases, and the agents, clerks and employees of any such person, firm or corporation; and any person, firm or corporation who or which may profess or claim to treat or cure, by the use of medicine or otherwise, any such venereal disease, and their agents, clerks and employees.

The word "physician" as used in this act, shall include reputable physicians who have complied with all the requirements of law regulating the practice of their respective schools of medicine, and duly licensed by such law to practice. medicine in their respective schools, or surgery, or both, and no other person.

The word "keeper," as used in this act, shall mean and cover any person or persons in charge or control of any penal or eleemosynary institution, whether public or private, who may be authorized either by law or by the rules of such institution to receive or discharge any person into or from such institution.

Wherever the words "Board of Health" or "Health Officers" appear in this act they should be construed to include the

Board of Health and Health Officers of the State, county, or municipality of the State. (S. L. 1919, 31.)

1790. Medical Treatment-It shall be unlawful for any person, being an infected person, to refuse, fail or neglect to report such fact to, and submit to examination and treatment by some reputable physician. Any person violating the provisions of this section shall be punished by fine of not less than Twenty-five Dollars ($25.00) or not more than Five Hundred Dollars ($500.00), or by confinement in the county jail for a term of not less than thirty (30) days, nor more than one (1) year, or by both such fine and imprisonment. (S. L. 1919, 32.)

1791. Marriage Prohibited-Any person who shall, after becoming an infected person and before being discharged and pronounced cured by a reputable physician in writing, marry any other person, or expose any other person by the act of copulation or sexual intercourse to such venereal disease or to liability to contract the same, shall be guilty of a felony and upon conviction shall be punished by confinement in the penitentiary for not less than one (1) year or not more than five (5) years. (S. L. 1919, 32.)

1792. False Certificate by Physician-Any physician who shall, after having knowledge or information that any person is or may be an infected person, sell, give or furnish to such infected person or to any other person for such infected person a discharge from treatment, or written instrument or statement pronouncing such infected person cured, before such infected person is actually cured of such venereal disease, shall be guilty of a misdemeanor and punished by fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by confinement in the county jail for a term of not less than thirty (30) days nor more than six (6) months. (S. L. 1919, 32.)

1793. Treatment by Person Other Than Physician-Any person who is not a physician, who shall undertake to treat or cure any infected person for pay, whether in money, property or obligation of any kind, unless acting under the direction and control of a physician, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five -Hundred Dollars ($500.00) or by confinement in the county jail for a term of not less than thirty (30) days nor more than six (6) months or by both such fine and imprisonment; pro

vided, however, that any person infected applying to any physician in this State shall receive the treatment provided for in this bill, regardless of his ability to pay. (S. L. 1919, 32.)

1794. Furnishing Medicines Without Prescription-It shall be unlawful for any dealer to treat or offer to treat any infected person or to sell, furnish or give to any infected person or to any other person whomsoever any medicine of any kind that may be advertised or used for treatment of venereal diseases before requiring such person to produce and file with such dealer a proper prescription for such medicine issued and signed by a reputable physician, which said prescription shall be by said dealer kept on file for a period of one (1) year from the date of his receiving the same, and subject, at all reasonable hours, to the inspection of the health authorities in this State.. A violation of any of the provisions of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by confinement in the county jail for a term of not less than thirty (30) days and not more than six (6) months or by both such fine and imprisonment. (S. L. 1919, 32.)

1795. Public and Private Institutions-Any and all institutions in this State, whether penal or eleemosynary and whether public or private and free or for pay, shall make and preserve for a period of at least one (1) year, a record showing the name, age, sex, color, nationality and place of residence of all infected persons of the inmates of such institutions that may come to their knowledge and shall submit such record at all reasonable hours to the inspection of the duly accredited health authorities in this State. All such institutions shall furnish a physician and all proper medicines, instruments and apparatus for the proper treatment of such infected person, and shall isolate and separate all infected persons from all other persons in such institution by causing such infected persons to use separate beds, rooms, lavatories and toilet rooms and facilities, from all other persons. Any keeper, manager, guard, or other person in control of any such institution who shall wilfully fail or neglect to comply with the provisions of this section or who shall violate any of the provisions hereof, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than one Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a term of not less

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