to pay a valuable consideration for the chance, whether called a lottery, raffle, or gift enterprise or by some other name.

Baldwin's case, 3 C. H. Rec. 96; Gov. of Alms House v. Am. Art. Union, 7 Ν. Y. 228; Wooden v. Shotwell, 4 Zabr. 789; Bell v. State, 5 Sneed, 507. Lotteries, what are. Chavannah v. State, 49 Ala. 396; Randle v. State, 42 Tex. 580; State v. Clarke, 33 N. H. 329; State v. Shorts, 32 N. J. 398; Thomas v. People, 59 Ill. 160; Hull v. Ruggles, 56 N. Y. 424; People v. Runge, 3 N. Y. Cr. 85; People v. Noelke, 94 N.Y.137; 46 Am. Rep. 128; 1 N. Y. Cr. 252, 495; Kohn v. Koehler, 96 Ν. Y. 367; 21 Hun, 466; 48 Am. Rep. 628; Wilkinson v. Gill, 74 N. Y. 63; 30 Am. Rep. 264; Rolfe v. Delmar, 7 Robt. 80; Negley v. Devlin, 12 Abb. (N. S.) 210; People v. Payne, 3 Den. 80; Matter of Shobert, 70 Cal. 632; 59 Am. Rep. 432; Com. v. Wright, 137 Mass. 250; 50 Am. Rep. 306; Grover v. Morris, 73 N. Y. 473; Almy v. McKinney, 5 N. Y. State Rep'r, 267; Hudelson v. State, 94 Ind. 426; 48 Am. Rep. 171; Buckalew v. State, 62 Ala. 334; 34 Am. Rep. 22; People v. Reilly, 50 Mich. 384; 45 Am. Rep. 47; People v. Elliott, 74 Mich. 264; 16 Am. St. 640; State v. Mumford, 73 Mo. 647; 39 Am Rep. 532; Kellowstone Kit v. State, 88 Ala. 196; 16 Am. St. 38; Holoman v. State, 2 Tex. App. 610; 28 Am. Rep. 439; People v. Dewey, 33 N. Y. State Rep'r, 427; People v. Gillson, 109 N. Y. 389.

§ 324. Lottery declared a public nuisance. - A lottery is unlawful and a public nuisance.

Art. 1, § 9, N.Y. Const. See § 385, post. Goodrich v. Houghton, 55 Hun, 529; 29 Ν. Υ. State Rep'r, 907; People v. Dewey, 33 id. 427; People v. Gillson, 109 Ν. Υ. 404; Stone v. State, 101 U. S. 814; New Orleans v. Houston, 119 id. 265; Moore v. State, 48 Miss. 147; 12 Am. Rep. 367; Matter of Blanchard, 9 Nev. 101.

§ 325. Contriving, drawing, etc., lottery. - A person who con. trives, proposes or draws a lottery, or assists in contriving, proposing or drawing the same, is punishable by imprisonment for not more than two years, or by fine of not more than one thousand dol. lars, or both.

People v. Payne, 3 Den. 88, and other cases under $ 323, ante.

§ 326. Selling lottery tickets. - A person who sells, gives, or in any way whatever furnishes or transfers, to or for another, a ticket, chance, share, or interest, or any paper, certificate, or instrument, purporting to be or to represent a ticket, chance, share, or interest, in or dependent upon the event of a lottery, to be drawn within or without this state, is guilty of a misdemeanor.

Indictment. People v. Noelke, 1 N. Y. Cr. 252; 96 N. Y. 137; 46 Am. Rep. 218: Pickett v. People, 8 Hun, 83; aff'd, 67 N. Y. 609; Goodrich v. Houghton, 55 Hun, 529; 29 N. Y. State Rep'r, 907; People v. Emerson, 20 id. 18; 6 N. Y. Cr. 157; State v. Moore, 64 N. H. 9; 56 Am. Rep. 478; Com. v. Bierman, 13 Bush, 345.

§ 327. Advertising lotteries. A person who, by writing or printing, or by circular or letter, or in any other way, advertises or publishes an account of a lottery, whether within or without the state, stating how, when or where the same is to be, or has been, drawn, or what are the prizes therein, or any of them, or the price of a ticket, or any share or interest therein, or where or how it may be obtained, is guilty of a misdemeanor.

Advertising. People v. Charles, 3 Den. 212; S. C., 1, N. Y. 180; Van Valkenberg v. Torrey, 7 Cow. 255; People v. England, 27 Hun, 139; People v. Hart, 26 id. 396; Ormes v. Dauchy, 82 N. Y. 443; 37 Am. Rep. 583; State v. Kaub, 15 Mo. App. 433. See § 334, post.

§ 328. Offering property for disposal dependent upon the drawing of any lottery. -A person who offers for sale or distribution, in any way, real or personal property, or any interest therein, to be determined by lot or chance, dependent upon the drawing of a lottery within or without this state, or who sells, furnishes, or procures, or causes to be sold, furnished, or procured, in any manner, a chance or share, or any interest in property offered for sale or distribution, in violation of this chapter, or a ticket or other evidence of such a chance, share, or interest, is guilty of a misdemeanor.

§ 329. Keeping office, etc., for registry. - A person who opens, sets up, or keeps, by himself or another person, an office or other place for registering the numbers of tickets in a lottery within or without this state, or for making, receiving, or registering any bets or stakes for the drawing, or result of such a lottery, or who advertises or in any way publishes any account of an opening, setting up, or keeping of such an office or place, is guilty of a misdemeanor. People v. Jackson, 3 Den. 101.

§ 330. Insuring lottery tickets, etc. - A person who insures, or receives any consideration for insuring, for or against the drawing of a ticket, share, or interest in a lottery, or of a number of such a ticket, share or interest, or who receives any valuable consideration upon an agreement to pay money, or deliver property, in the event that a ticket, share, or interest, or a number of such a ticket, share, or interest in a lottery, shall prove fortunate or unfortunate, or shall be drawn or not drawn in a particular way or in a particular order, or who promises or agrees, or offers to pay money, or to deliver property, or to do, or forbear to do, any thing for the benefit of any person, with or without consideration, upon any accident or contingency dependent on the drawing thereof, or of any number or ticket therein, is guilty of a misdemeanor.

Kenney's case, 3 C. H. Rec. 53; Baldwin's case, id. 96.

§ 331. Advertising offers to insure lottery tickets. - A person who, by writing or printing, or by circular or letter, or in any other way, advertises or publishes an offer, notice, or proposition, in violation of the last section, is guilty of a misdemeanor.

§ 332. Property offered for disposal in lotteries, forfeited.-All property offered for sale, or distribution, in violation of the provisions of this chapter, is forfeited to the people of this state, as well before as after the determination of the chance on which the saine was dependent. And it is the duty of the respective district attorneys, to demand, sue for and recover, in behalf of the people, all property so forfeited, and to cause the same to be sold when recovered, and to pay the proceeds of the sale of such property, and any moneys that may be collected in any such suit, into the county treasury, for the benefit of the poor.

People v. Phillips, 30 Hun, 554.

§ 333. Letting building for lottery purposes. - A person who lets, or permits to be used any building or portion of a building, knowing that it is intended to be used for any of the purposes declared punishable by this chapter, is guilty of a misdemeanor.

People v. Jackson, 3 Den. 101; Adelmuth v. McGarren, 4 Daly, 467; Michael v. Bacon, 8 Am. Rep. 138.

§ 334. Lotteries out of this state. -The provisions of this chapter are applicable to lotteries drawn or to be drawn out of this state, whether authorized or not by the laws of the state where they are drawn or to be drawn, in the same manner as to lotteries drawn or to be drawn within this state.

People v. Warner, 4 Barb. 314; Goodrich v. Houghton, 55 Hun, 529; 29 N. Y. State Rep'r, 907. See cases under §§ 326, 327, ante.

§335. Advertisements by persons out of the state. - The pro visions of section 327 and 331 are applicable, whenever the adver. tisement was published, or the letter or circular sent or delivered through or in this state, though the person causing or procuring the same to be published, sent or delivered, was out of the state at the time of so doing.

People v. Emerson, 20 N. Y. State Rep'r, 18; 6 N. Y. Cr. 157.

§ 335A. Gift sales of food. - No person shall sell, exchange or dispose of any article of food or offer or attempt to do so upon any representation, advertisement, notice or inducement that any thing other than what is specifically stated to be the subject of the sale or exchange, is or is to be delivered or received or in any way connected with or a part of the transaction as a gift, prize, premium or reward to the purchaser.

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, in addition thereto, shall be liable to a penalty of twenty-five dollars, to be recovered with costs by any person suing therefor in his own name. [ADDED CH. 691. In effect July 1, 1887.]

Unconstitutional. People v. Gillson, 109 N. Y. 389; 4 Am. St. 465.

CHAPTER IX.

GAMING.

SEC. 336. Keeping gambling apparatus in certain places.

337. Punishment.

337a. Keeping slot machines.

337b. Seizures of slot machines and arrests thereon.

337c.Slot machines to be destroyed by magistrates in certain cases. 337d.Slot machines to be destroyed by the trial court in certain cases.

338. Gambling apparatus declared a nuisance.

339. Winning at play by fraudulent means.

340. Exacting payment of money won at play.

341. Winning or losing upward of twenty-five dollars.

342. Witness' privilege.

343. Keeping gambling establishments.

344. Common gambler, etc.

344a. Keeping place for playing policy, etc,

344b. Possessing policy slips, etc.

344c. Removing person occupying premises used for playing policy.

345. Seizure of gambling implements authorized.

346. Such implements to be destroyed or delivered to district attorney.

347. Such implements to be destroyed upon conviction.

348. Persuading another person to visit gambling places.

349. Certain officers directed to prosecute offenses under this chapter. 350 Duty of masters to suppress gambling on board their vessels.

351. Bets, etc., on horse races, etc.

352. Racing of animals for stake.

People v. Todd, 51 Hun, 448.

§ 336. Keeping gambling apparatus in certain places. It is unlawful to keep or use any table, cards, dice or any other article or apparatus whatever, commonly used or intended to be used in playing any game of cards or faro, or other game of chance, upon which money is usually wagered, at any of the following places:

1. Within a building, or the appurtenances or grounds connected with any buildin in which a court of justice usually holds its sessions; or a building, any part of which is usually occupied by a religious corporation, or an incorporated benevolent, charitable, scientific or missionary society, or an incorporated academy, high school, college or other institution of learning, a library company, or building and mutual loan company;

2. Within any building, or the appurtenances or grounds connected with any building, while votes are received or canvassed therein at any election for an officer of this state, or of the United States; or while any public meeting is held therein; 3. Within the distance of one mile from the grounds upon which any training, review, drill or exercise of a military organization, created or permitted by the laws of this state, is proceeding, or upon which any public fair, exhibition, exercise or meeting is held in the open air; or

4. Within any vessel lying in, or navigating, any of the waters of this state; or owned, or navigated by, or for account of any corporation created by the laws of this state.

See § 275, sub. 2, supra. Place for; use of table. State v. Leighton, 3 Foster, 167 See Steinhart v. Farrell, 3 N. Y. State Rep'r, 292; People v. Todd, 21 id. 40; 51 Hun, 443 Hitchins v. People, 39 N. Y. 454; Lyner's case, 5 C. H. Rec. 156; People v. Harrison, 23 How. 347; Story v. Solomon, 71 N. Y. 420; Murphy v. Board, etc., 11 Abb. N. C. 340; Harris v. White, 81 N. Y. 532; Cascadden's case, 2 C. H. Rec. 53; Rockwood v. Oakfield, 2 N. Y. State Rep'r, 331; State v. Bishel, 39 Iowa, 42; Long v. State, 22 Tex. App. 194; 58 Am. Rep. 633; Harbaugh v. People, 40 III. 294; People v. Sergeant, 8 Cow. 139; Ward v. state, 17 Ohio St. 32; State v. Book, 41 Iowa, 550; 20 Am. Rep. 609; Schlosser v. Smith, 93 Ind. 83; People v. Weithoff, 51 Mich. 203; 47 Am. Rep. 557; Gridley v. Dorn, 57 Cal. 78; 40 Am. Rep. 110; Shawv Clark, 49 Mich. 494; 43 Am. Rep. 474; Garrison v. MCG. egor, 51 III. 413; Toney v. State, 61 Ala. 1; Cornly v. Hillegas, 94 Penn. St. 132; 39 Am. Rep. 774; Dyer v. Benson, 69 Ga. 609; Nuckolls v. Com, 32 Gratt. 884; Ansley v. State, 36 Ark. 67; 38 Am. Rep. 29; Ellis v. Beale, 18 Me. 337; Wolz v. State, 33 Tex. 331; Whitney v. State, 10 Tex. App. 377; People v. Kelly, 3 N. Y. Cr. 272; People v. Cutler, 28 Hun, 465; 1 N. Ý. Cr. 178.

§ 337. Id.; punishment -A person who knowingly violates the last section is guilty of a misdemeanor.

People v. Todd, 51 Hun, 448; 21 N. Y. State Rep'r, 481.

§337a. Keeping slot machines.-Any person who has in his possession, or under his control, or who permits to be placed, maintained or kept in any room, space, inclosure or building, owned, leased or occupied by him, or under his managemert or control, any machine, apparatus or device, into which may be, or might have been, inserted any piece of money or other object, and from which, as a result of such insertion, or as a result of such insertion and the application of physical er mechanical force, may issue, or might have issued, any piece or pieces of money, or any check or memoranda calling for any money, and which machine, apparatus or device is commonly known as a slot machine, is guilty of a misdemeanor, [New.] [ADDED BY CH. 655 OF 1899. In effect May 25, 1899.]

§337b. Seizures of slot machines and arrests thereon. - It shall be the duty of every officer authorized to make arrests to seize every machine, a, paratus or device answering to the description contained in the last section and to arrest the person actually or apparently in possession or control thereof or of the premises in which the same may be found, if any such person be present at the time of the seizure, and to bring the machine, apparatus or device, and the prisoner, if there be one, before a committing magistrate. (New.) (ADDED BY CH. 655 OF 1899. In effect May 25, 1899.]

§337c. Slot machines to be destroyed by magistrates in certain cases. The magistrate before whom any machine apparatus or device is brought pursuant to the last section must, if there be a prisoner, and if he shall hold such prisoner, cause the machine, apparatus or device to be delivered to the district attorney of the county to be used as evidence on the trial of the said prisoner. If there be no prisoner or if the magistrate does not hold the prisoner, he must cause the immediate destruction of the machine, apparatus or device. ice. [New.] [ADDED BY CH. 655 OF 1899. In effect May 25, 1899.]

§ 337d. Slot machines to be destroyed by the trial court in certain cases. It shall be the duty of the district attorney of the county to see that every person held in pursuance of the last section shall be brought to trial within thirty days from the date of his final examination before the magistrate; and the machine, apparatus or device shall be produced in court on the trial. It shall be the duty the trial court, after the disposition of the case, and whether the defendant be convicted, acquitted or fails to appear for trial, to cause the immediate destruction of the machine, apparatus or device. (New.) (ADDED BY CH. 655 OF 1899. In effect May 25, 1809.]

of

§338. Gambling apparatus declared a nuisance. - An article or apparatus maintained or kept in violation of section 336, is a public nuisance. See $ 385, post. State v. Hardin, 1 Kans. 474; People v. Todd, 51 Hun, 449; 21 N. Y State Rep'r, 401.

$339. Winning at play by fraudulent means - A person who, by any fraud, or false pretense whatsoever, while playing at any game, or while having a share in any wager played for, or while betting on the sides or hands of such as play, wins or acquires to himself, or to any other, a sum of money or other valuable thing, is guilty of a misdemeanor.

See Code Cr. Proc., $57. People v. Todd, 51 Hun, 449; 21 N. Y. State Rep'r, 401.

§ 340. Exacting payment of money won at play.- A person who exacts or receives from another, directly or indirectly, any money or other valuable thing, by reason of the same having been won by playing at cards, faro, or any other game of chance, or any bet or wager whatever upon the hands or sides of players, forfeits five times the value of the money or thing so exacted or received, to be recovered in a civil action, by the persons charged with the support of the poor in the place where the offense was committed, for the benefit of the poor.

People v. Todd, 51 Hun, 449; 21 N. Y. State Rep'r, 401; Gilpin v. Daly, 59 Hun, 418; 36 N. Y. State Rep'r, 669.

§ 341. Winning or losing upward of twenty-five dollars. - A person who wins or loses at play or by betting, at any time, the sum or value of twenty-five dollars or upwards, within the space of twenty-four hours, is punishable by a fine not less than five times the value or sum so lost, or won, to be recovered in a civil action, by the persons charged with the support of the poor in the place where the offense was committed, for the benefit of the poor.

See Code Cr. Proc., §57. People v. Todd, 51 Hun, 449; 21 N. Y. State Rep'r, 401; Langworthy v. Bromley, 29 How. 92; Arrieta v. Morrissey, 1 Abb. (N. S.) 439.

§ 342. Witnesses' privilege. - No person shall be excused from giving testimony upon any investigation or proceeding for a violation of this chapter, upon the ground that such testimony would tend to convict him of a crime: but such testimony cannot be re ceived against him upon any criminal investigation or proceeding.

See § 712, post. People v. Todd, 51 Hun, 449; 21 N. Y. State Rep'r, 401; Steinhart v. Farrell, 3 id. 292; Gilpin v. Daly, 59 Hun, 416; 36 N. Y. State Rep'r, 668.

§ 343. Keeping gaming and betting establishments. -Any corporation or association or the officers thereof or any co-partnershid or individual who keeps a room, shed, tent, tenement, booth, building, float or vessel, or any part thereof to be used for gambling or for any purpose or in any manner forbidden by this chapter, or for making any wagers or bets made to depend upon any lot, chance, casualty, unknown or contingent event, or on the future price of stocks, bonds, securities, commodities or property of any description whatever or for making any contract or contracts for or on account of any money, property or thing in action, so bet or wagered, or being the owner or agent, knowingly lets or permits the same to be so used, is guilty of a misdemeanor. This section shall not be extended so as to prohibit or in any manner affect any insurance made in good faith for the security or indemnity of the party insured and which is not otherwise prohibited by law, nor to any contract on bottomry or respondentia. [AM'D BY CH. 571 of 1895. In effect May 29, 1895.]

Gaming, place for. Occasional use. Hutchins v. People, 39 N. Y. 454. See People v. Sergeant, 8 Cow. 139; Tanner v. Albion, 5 Hill, 121. Lottto table. Lowery v. State, 1 Mo. 722. Keno. Pates v. State, 27 Ark. 360. Common gaming house. Lord v. State, 16 N. H. 325; State v. Lindley, 14 Ind. 430; State v. Currier, 23 Me. 43; Com. v. Dean, 1 Pick. 387; Stevens v. People, 67 III. 587. See People v. Todd, 51 Hun, 449; 31 N. Y. State Rep'r, 401; Gilpin v. Daly, 59 Hun, 418; 36 N. Y. State Rep'r, 669; Peoplev. Emerson, 53 Hun, 439.