Chap. 439.—An ACT to amend and re-enact section 4685 of the Code of Vir-

ginia, in relation to operation of slot machines, punch boards or similar
devices. [H B 17o]

Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That sec-
tion forty-six hundred and eighty-five of the Code of Virginia, be
amended and re-enacted so as to read as follows

Section 4085. If any person keep or exhibit for use, or be con-
cerned in interest in keeping or exhibiting for use, any punch board
or similar device of any kind or description; or any slot machine
or similar device of any kind, or character, or any other device that
operates on the nickle-in-slot-principle, in the operation of which.
any element of chance whatever may enter, or through and trom
which it may be possible for one person to get any article of more
value than that which any other person could and would get, or
through and from which the article or thing vended is not the fair
equivalent in value, to the coin required to operate such machine
or device; or shall permit any such punch board or similar device,
or slot machine or similar device to be kept or exhibited for tse
in his place of business or in any other place in this State, he shall
he guilty of misdemeanor, and such punch board, slot machine or
other device shall be deemed a gaming apparatus and shall be em-
braced within the provisions of sections forty-eight hundred and
twenty to forty-eight hundred and twenty-two, inclusive, insofar
as said sections relate to gaming apparatus. The possession of
any such punch board or device, or slot machine or device, shall be
prima facie evidence of the use thereof, provided, however, that any
slot machine or device that operates on the nickel-in-the-slot prin-
ciple, and which does not uniformly return to the customer in each
transaction the equivalent in value and kind of merchandise un-
accompanied bv coins, trade checks or other items of monetary
value that it returned in each preceding transaction, shall be deemed
to embody the element of chance within the meaning of this act,
even though the said machine or device be so constructed as to
indicate in advance of each transaction that it will dispense upon
the deposit of the next coin or slug.