shall be necessary is hereby appropriated out of any money in the State Treasury not otherwise appropriated.

SEC. 11. The rapid rise in value of river frontage land along Buffalo Bayou, and the deplorably neglected condition of the graves of our heroic dead on San Jacinto battlefield create an imperative public necessity, that the constitutional rule requiring bills to be read on three several days, be suspended, and that this act shall take effect from and after its passage, and it is so enacted.

Approved March 28, 1907.

Takes effect ninety days after adjournment.

GAMING-DEFINING AND PROHIBITING SAME.

H. B. No. 84.]

CHAPTER XLIX.

An Act to amend Article 388 of the Penal Code of the State of Texas, so as to make it unlawful to bet or wager at any gaming table or bank or pigeonhole or jenny-lind table, or nine or ten pin alley such as are mentioned in the six preceding articles, or to bet or wager any money or other thing of value at any of the following games, viz.: Poker-dice, jack-pot, high-dice, high-die, low-dice, low-die, dominoes, euchre with dominoes, poker with dominoes, sett with dominoes, muggins, crack-loo, crack-or-loo or at any game of any character whatever that can be played with dice or dominoes, or at any table, bank or alley, by whatsoever name the same may be known or whether named, or not, or matching for money or anything of value, also, by adding to said Code, Articles 388a, 388b, 388c, 388d, 388e, 388f, 388 g, 388h, 388i, 388j, 388k, 3881, 388m, and 388n, making it a felony punishable by confinement in the penitentiary for any person directly, through an agent, or as agent for another, to keep any house or place to gamble with cards, dice, dominoes or upon anything whatever, or where people resort for such purpose or to exhibit for the purpose of gaming, any table, bank, alley, machine or device whatsoever; or to rent or keep any such place, table, bank, alley, machine or device whatsoever for the purpose of gaming; providing for the search for, and the seizure of any gambling device, equipment or paraphernalia and its destruction; and generally to suppress gambling; repealing all laws in conflict herewith, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That article 388 of the Penal Code be so amended as to hereafter read as follows: and that Articles 388a, 388b, 388c, 388d, 388e, 388f, 388g, 388h, 3881, 388j, 388k, 3881, 388m and 388n be added. to read as follows:

Article 388. (364) If any person shall bet or wager at any gaming table, or bank, or pigeon hole, or jenny-lind table, or nine or tenpin alley, such as are mentioned in the six preceding articles, or shall bet or wager any money or other thing of value at any of the games included in the six preceding articles, or at any of the following games. viz: poker-dice, jack-pot, high-dice, high-die, low-dice, low-die, dominoes, euchre with dominoes, poker with dominoes, sett with dominoes, muggins, crack-loo, crack-or-loo, or the game of matching money or coins of any denomination for such coins, or for other things of value, or at any game of any character whatever that can be played with cards, dice or dominoes, or at any table, bank or alley, by whatsoever name the same

may be known or whether named or not and without reference as to how the same may be played and without reference as to how the same may be constructed or operated or shall bet or wager upon anything in any place where people resort for the purpose of betting or wagering he shall be fined not less than ten dollars nor more than fifty dollars; provided, no person shall be indicted under this section for playing said games with dominoes or cards at a private residence occupied by a family, unless same is commonly resorted to for the purpose of gaming, and provided further that no banking game played with cards or dominoes shall be exempted from the provisions of this act on account of being played at a private residence occupied by a family, and provided further, that for betting on any gaming table or bank the court or jury may in addition to said fine impose a jail penalty of not less than ten nor more than thirty days.

Article 388a. If any person shall directly or as agent or employee for another or through any agent or agents keep or exhibit for the purpose of gaming, any policy game, any gaming table, bank, wheel or device of any name or description whatever, or any table, bank, wheel or device for the purpose of gaming which has no name or any slot machine, any pigeon hole table, any jenny-lind table, ten pin alley or table or alley of any kind whatsoever, regardless of the name or whether named or not, or of the number of pins, balls, or rings used for gaming, shall be guilty of a felony and upon conviction shall be punished by confinement in the penitentiary not less than two nor more than four years, regardless of whether any of the above mentioned games, tables, banks, alleys, wheels, devices or slot machines are licensed by law or not; provided, that any such alley, table, bank, wheel, machine or device shall be considered as used for gaming, if the table fees, alley fees, or money or anything of value is bet thereon.

Article 388b. If any person shall rent to another or shall keep or be in any manner interested in keeping any premises, building, room or place for the purpose of being used as a place to bet or wager, or to gamble with cards, dice, dominoes or to keep or exhibit for the purpose of gaming, any bank, table, alley, machine, wheel or device whatsoever, or as a place where people resort to gamble, bet or wager upon anything whatever or shall knowingly permit property or premises of which he is owner, or which is under his control to be so used, shall be guilty of a felony and upon conviction shall be punished by confinement in the penitentiary not less than two nor more than four years, regardless of whether any of the above mentioned games, tables, banks, alleys, machines, wheels or devices, or things are licensed by law or not, and any place or device shall be considered as used for gaming or to gamble with or for betting or wagering, if any fees, money, or anything of value is bet thereon, or if the same is resorted to for the purpose of gaming or betting.

Article 388c. If any person shall bet or wager at any gaming table or bank or other thing mentioned in this act, or shall bet or wager upon anything in any place to which people resort for the purpose of betting or wagering, he shall be punished by a fine of not less than ten nor more than fifty dollars, provided that where the conviction is for betting at any gaming table or bank the court or jury may in

addition to said fine impose a jail penalty of not less than ten nor more than thirty days.

Article 388d. If any person shall, in any manner, aid in equipping or furnishing any gaming house, or place where people resort for the purpose of gaming, wagering or betting, he shall be punished by confinement in the county jail for a period of not less than thirty nor more than ninety days.

Article 388e. If any person shall knowingly permit any gaming paraphernalia, table or device or equipment of a gaming house, of any character, whatever, to remain in his possession or on premises under his control or of which he is owner and to be used for gaming purposes, he shall be punished by confinement in the county jail for a period of not less than thirty days nor more than one year.

Article 388f. If any person shall go into or remain in any gambling house, knowing the same to be such, or shall remain in any place where any of the games prohibited by this act or within his knowledge being played, dealt or exhibited, he shall be punished by a fine of not less than twenty-five nor more than fifty dollars. Gambling house and gaming house, as used in this Act, is meant any place where people resort for the purpose of gaming, betting or wagering.

Article 388g. Whenever it shall come to the knowledge of any sheriff, constable, police officer or other peace officer by affidavit of a reputable citizen, or otherwise, that any of the provisions of this Act are being violated, it shall be the duty of such officer to immediately avail himself of all lawful means to suppress such violation, and he shall be authorized by any search warrant that is issued by virtue of this Act to enter any house, room or place to be searched, using such force as may be necessary to accomplish such purpose.

Article 388h. Upon the filing with any Justice of the Peace, county or district judge, or any other magistrate, of an affidavit in writing, made by a reputable citizen that gaming, betting or wagering, as prohibited by this Act, is being conducted in any building, room, premises or place, describing the same sufficiently for identification it shall be the duty of such officer, with whom said affidavit is filed, to immediately issue a warrant commanding the peace officer to whom same is directed, to immediately enter and search such building, room, premises or place and in the event the same is a gaming house, as defined in this Act, to arrest all parties found therein, or making their escape therefrom, and to take possession of any gambling paraphernalia, device or equipment found therein and it shall be the duty of such officer to immediately take the persons arrested before the nearest magistrate, and lodge the proper complaint against each person so arrested.

Article 388i. The existence of any gambling house or gaming table or bank or gaming paraphernalia or device of whatever kind or character and all equipments of such gambling house, is hereby declared to be against public policy and the same is hereby declared to be a public nuisance and no suit shall be brought or maintained in any of the courts of this State for the recovery of same or for any insurance thereon or for damages by reason of any injury, to or for the destruction of same.

Article 388j. The use of any house, property or premises, by any tenant or lessee for any purpose made unlawful by this Act, shall terminate all rights and interests of such tenant or lessee in same, and shall entitle the owner thereof to the immediate possession of said house, property or premises.

Article 388k. It shall be the duty of every sheriff, constable, police officer or other peace oflicer by virtue of the warrant authorized by this Act to seize and take into his possession all gaming tables, devices and other equipments or paraphernalia of gambling houses, the existence of which has come to his knowledge and to immediately file with the Justice of the Peace, County Judge or District Judge, a list in writing of the property seized and shall designate the place where same was seized, and the owner of same, or person from whom possession was taken. Thereupon it shall be the duty of said Justice of the Peace, County or District Judge to note same upon his docket and to issue or cause the clerk of the court to issue a notice in writing to the owner or person in whose possession the articles seized, were found, commanding him to appear at a designated time, not earlier than five days from the service of such notice, and show cause why such articles should not be destroyed. If personal service can not be had upon the person to whom same is directed, a copy of said notice shall be posted for not less than five days, either upon the court house door of the county where the proceedings are begun or upon the building or premises from which the property seized, was taken.

Article 3881. If upon a hearing of the metter referred to in the preceding section, the Justice of the Peace, County Judge or District Judge before whom the cause is pending shall determine that the property se zed is a gaming table, or bank or is used as equipment or paraphernalia for a gambling house, and was being used for gaming purposes, he shall order same to be destroyed, but any part of same, may, by order of the court be held as evidence to be used in any prosecution or case until the prosecution or case is finally disposed of. Property not of that character or not so used shall be ordered returned to the person entitled to possession of the same. It shall be the duty of the officer, within not less than fifteen nor more than thirty days from the entry of said order to destroy all property the destruction of which has been ordered by the court, unless the owner, lessee or person entitled to possession under this Act, shall, before the destruction of said property, file a suit to recover same.

Article 388m. Any person having interest in or entitled to possession of any property seized under this Act, shall have the right at any time before the destruction of such property, as in ordinary civil cases, to try the issue of whether or not such property is a gaming table, or bank or device or was used as equipment or paraphernalia of any gambling house and to recover the possession of the same, and to maintain any other character of suit not inconsistent with this Act; and it shall be the duty of the officer having said property in his possession after notice of the pendency of said suit to safely keep said property, pending the same.

Article 388n. In any indictment or information for keeping or exhibiting a gaming table, alley, machine, wheel, device, or bank it

shall be sufficient to state that the person accused kept the table, alley, machine, wheel, device or bank for gaming or exhibited the same for gaming, without giving the name or description thereof and without stating that the table, bank, alley, machine, wheel or gaming device was without any name or that the same was unknown and it shall not be necessary in the prosecution to prove that money or other articles or value were won or lost thereon.

SEC. 2. The prevalence of gaming in this State in defiance of good morals and of a sound public policy and the inadequacy of the statutes of this State to suppress the evil create an imperative public necessity demanding the suspension of the Constitutional rule requiring bills to be read on three several days and the said rule is hereby suspended and this Act shall take effect and be in force from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives and was referred to the Senate and was there amended and passed by the following vote, yeas 22, nays 5; the House of Representatives refused to concur in the Senate amendments and a Free Conference Committee was appointed; the report of the Free Conference Committee was adopted by the House of Representatives by the following vote, yeas 99, nays 7; the Free Conference report was adopted by the Senate by the following vote, yeas 29, nays 1.] Approved March 28, 1907.

Became a law March 28, 1907.

ESCHEATS—PROVIDING WHEN ESTATES SHALL ESCHEAT TO THE STATE.

An Act to amend Articles 1821 and 1-22 and 1823 and 1830, of Tilo XXXVII, of the Revised Civil Statutes of the State of Texas relating to es heats, so as to provide more fully when estates shall escheat to and vest in the State, further defining the duties of the district or county attorney, and the district clerk in proceedings for such purpose, providing for personal notice of such escheat proceedings to persons paying taxes and others designating the nature and effect of the judgment to be rendered therein when in favor of the State, prohibiting sales and issuance of writs of possession within a certain time, and providing for divestiture of title acquired by the State, with an emergency clause.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Articles 1821, 1822, 1823 and 1830 of Title XXXVIII of the Revised Civil Statutes of the State of Texas, be amended so as to hereafter read as follows:

Article 1821. If any person die seized of any real or possessed of any personal estate, without any devise thereof, and having no heirs, or where the owner of any real or personal estate shall be absent for the term of seven years, and is not known to exist, leaving no heirs, or devise of his estate, such estate shall escheat to and vest in the State; provided that where no will is recorded, or probated in the county