stitution or any law of the State of Indiana, for the purpose of procuring any contract for the construction of any state house, court house, school house, bridge, road or other public building or public work, or the performance of any work or furnishing of any material, or performance of any work for the use of said State, or of any county, township, town, school corporation or member thereof, or city in this State, over which said official has any authority or jurisdiction, or whoever whether in person or by agent or any agent himself, shall obtain any such contract and shall thereafter pay or agree to pay any such person or officer any money, bonus, fee, commission, percentage, reward, drawback, premium, profit or other thing of value in any sum not exceeding in value two hundred dollars on such contract, on conviction, shall be fined not less than fifty dollars and not more than five hundred dollars, and be imprisoned at the penal farm not less than thirty days nor more than six months, and disfranchised for any determinate period.

This section amends section 2425 Revision of 1914.

In a prosecution under this section for paying a bribe to township trustee, evidence of other effenses may be considered as bearing on purpose of payment only. Clevenger v. State, 188 Ind. 592, 125 N. E. 41.

An affidavit under this section is sufficient although failing to allege that defendant knew party paid was public officer where all allegations of the affidavit make that knowledge apparent. Clevenger v. State, 188 Ind. 592, 125 N. E. 41. An affidavit under this section stating that a township trustee entered into a contract with defendant "agent of the H. Co.," is sufficient. Clevenger v. State, 188 Ind. 592, 125 N. E. 41.

SEC.

ARTICLE 8.-AGAINST PUBLIC HEALTH.

2443a. Serum, manufacture and sale. 2443b. Penalty.

SEC.

2444. Selling unwholesome provisions. 2446. Distributing drug samples.

[Acts 1917, p. 682. In force May 31, 1917.]

2443a. Serum, manufacture and sale.-1. That it shall be unlawful for any person, firm or corporation, or their agent or agents, to sell, distribute, administer or dispose of in any way, any serum, virus, vaccine or other remedy intended for use or that is used for the prevention or treatment of infectious or communicable diseases of swine, if such serum, virus, vaccine or other remedy has been prepared or manufactured at any establishment that is within four thousand (4,000) feet from any public stock yard where a public live stock market is maintained, or within the same distance from any garbage disposal or rendering plant to which garbage or dead animals are hauled over a public street or highway. It shall be the duty of the state veterinarian to aid in the enforcement of this law.

2443b. Penalty.-2. Any person, firm or corporation violating any of the provisions of this act, shall, upon conviction thereof, be fined in any sum not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for the first offense, and for the second or subsequent violation a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or be imprisoned in the county jail for a period of thirty (30) days, or both.

2444. Selling unwholesome provisions.

In charging the offense of having possession of unwholesome or diseased provisions with intent to sell the same, it is sufficient to allege that such provisions consisted of meat. Gardner v. State, 183 Ind. 101, 108 N. E. 230.

The sufficiency of the evidence to show that a person who operated a packing house had in his possession diseased meat with intent to sell the same is considered. Gardner v. State, 183 Ind. 101, 108 N. E. 230.

2446. Distributing drug samples.

The statute of 1907, prohibiting the distribution from house to house of drug samples, is not unconstitutional because it denies equal privileges and immunities to a certain class of citizens, and such act is a valid exercise of legislative power for the protection of the health and lives of the inhabitants of the state. Ayres v. State, 178 Ind. 453, 99 N. E. 730.

An indictment charging aiding and abetting another in commission of the crime defined by this section should charge either the selling of a lottery ticket or tickets or the selling of share or shares in a lottery scheme or gift enterprise, or that accused acted as agent for a lottery scheme or gift enterprise as well as that he aided or abetted in one of these offenses. McDaniels v. State, 185 Ind. 245, 113 N. E. 1004.

In a prosecution for violation of this section, evidence that accused sold certain cards to be used in the operation of a lottery, but not showing that accused had any part in the lottery by the use of such tickets, was held insufficient to authorize a conviction. McDaniels v. State, 185 Ind. 245, 113 N. E. 1004.

A contract for distribution of stamps to exchange for lottery tickets for interest in automobile held void as a "gift enterprise" in violation of this section. Utz v. Wolfe, App. 126 N. E. 327.

The statute prohibiting gambling and the keeping and visiting gambling houses, have used the words "gaming" and "gambling" as being synonymous. State v. Frederick, 183 Ind. 509, 109 N. E. 747.

2474. Keeping devices for gaming.

Property illegally held and used for gambling purposes is subject of larceny. Smith v. State, 187 Ind. 253, 118 N. E. 954.

[Acts 1917, p. 66. In force May 31, 1917.]

2474a. Fortune telling, predicting future events.-1. That any person or persons, firm or corporation who shall pretend, for money or gain, to predict future events, by cards, tokens, trances, the inspection of the hands of any person, mind reading, so-called, or by consulting the movements of the heavenly bodies, shall be deemed guilty of a misdemeanor and punishable for each offense, on conviction thereof, by fine of not less than ten dollars ($10) nor more than one hundred dollars ($100), or by imprisonment for not less than five (5) days nor more than sixty (60) days, or by both such fine and imprisonment in the discretion of the court, and each day in which any such person shall hold any seance, give any reading by any of the means or methods above mentioned, or make any attempt to predict any future event by such means, shall constitute a separate offense.

2474b. Foretelling future events.-2. Whoever shall pretend, for money or gain, to tell fortunes or foretell future events, by other means than those aforesaid, shall be guilty of a misdemeanor and be punished as provided in section one (1) of this act.

2474c. Palmistry, clairvoyancy, astrology.-3. Any person or persons, firm or corporation who shall pretend by or through means of palmistry, clairvoyancy, astrology or fortune telling by cards or other devices for money or gain, to enable any one to get or recover lost or stolen property, or to give success in business, enterprise, speculation or games of chance, or to make one person dispose of property, business or valuable thing in favor of another, shall be guilty of a misdemeanor and punishable as is provided in section one (1) of this act.

2474d. Advertisement, evidence.-4. If any person or persons, firm or corporation shall publish by card, circular, sign, newspaper or any other means whatever, that he or she shall or will predict future events, the said publication may be given in evidence to sustain an indictment under this act. Any person whose fortune may have been told as aforesaid, shall be a competent witness against all persons charged with any violation of this act.

2474e. Exceptions from act.-5. None of the provisions of this act shall apply to the ministers and missionaries of any denomination incorporated as a religious body under the statutes of Indiana who fully conform to the rites and practices prescribed by the supreme conference convocation, convention, association, assembly or synod of the system with which they are affiliated.

2486. Liquor, selling to minor.

A licensed saloon keeper can not be held criminally liable for a sale of liquor to a minor made by his bartender in the absence of the saloon keeper and without his knowledge or consent, actual or implied, or without any intent to evade the law. Boos v. State, 181 Ind. 562, 105 N. E. 117.

2494a. Cocaine and other drugs, sale, prescription.

In view of this section and Acts 1911, ch. 27, as amended by Acts 1913, ch. 118, an indictment under this section was held not subject to motion to quash on the ground that it does not distinguish between "cocaine alpha" and "beta eucaine." King v. State, 185 Ind. 312, 114 N. E. 34.

2498. Saloon in one mile of soldiers' home.

See note to section 8351.

The gravamen of the offense under this section is the keeping and operating of a place for the sale of intoxicating liquor. Anderson v. State, 187 Ind. 94, 118 N. E. 567.

2499. Cruelty to animals.

The statute prohibiting cruelty to animals is not so indefinite and ambiguous as to be void for uncertainty, and the sufficiency of facts stated in an indictment

to show a violation of the statute is considered. Moore v. State, 183 Ind. 114, 107 N. E. 1. [Acts 1921, p. 624. In force May 31, 1921.]

2511c. Trapping or setting deadfalls without consent.-1. No person shall trap or set any steel trap or deadfall on the land of another person without the written consent of the occupant, owner or lessee of said land, and without, at the time of said trapping or setting of said steel trap or deadfall, he has in his possession said written consent and exhibits the same to any one demanding to examine it. Any person setting a steel trap on the land of another person, shall set or place such steel trap eighteen (18) or more inches within the entrance of the hole, cave or hollow log where set, so as to be inaccessible to domestic animals, dogs or fowls. Any person setting or placing any steel trap or deadfall on the lands of another person shall inspect the same within each thirty-six (36) hours thereafter, and shall remove therefrom any animal or fowl caught therein. It shall be unlawful for any person to take or capture or attempt to take or capture, any furbearing animal by digging into the hole where such animal is hidden or sheltered, or by the use of smoke, fumes or chemicals introduced into such hole. Any person violating any of the provisions of this section, or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction of the same shall be fined in any sum not less than five dollars ($5) nor more than fifty dollars ($50) for each offense, to which may be added imprisonment in the county jail not exceeding thirty days.

This section amends section 2511a, Supplement of 1918, being section 1, Acts 1917, p. 438. [Acts 1917, p. 438. In force May 31, 1917.] 2511d. Separate offenses.-2. The setting of each separate steel trap or deadfall contrary to the provisions of section one of this act, shall constitute and be deemed a separate offense and shall be punished accordingly, and two or more offenses may be joined in the same affidavit or indictment therefor, and the person so offending, if convicted, shall be punished as provided in section one of this act.

This section was numbered 2511b in the Supplement of 1918.

2511e. Prima facie evidence of violation.—3. The catching of any domestic animal, dog or fowl, in any steel trap shall be prima facie evidence, that said steel trap was placed and set contrary to the provisions of section one of this act, and of guilt under said section of this act.

This section was numbered 2511c in the Supplement of 1918.

[Acts 1921, p. 624. In force May 31, 1921.]

2511f. Closed season for certain animals.-4. No person shall take, trap, shoot, kill or possess any beaver or otter in the State of Indiana at any time. No person shall take, trap, shoot, kill or possess any raccoon, fox, oppossum, skunk, mink or muskrat, or