§ 344. Common gambler, etc.-A person who is the owner, agent, or superintendent of a place, or of any device, or apparatus, for gambling; or who hires, or allows to be used a room, table, establishment or apparatus for such a purpose, or who engages as dealer, game-keeper, or player in any gambling or banking game, where money or property is dependent upon the result; or who sells or offers to sell what are commonly called lottery policies, or any writing, paper, or document in the nature of a bet, wager, or insurance upon the drawing or drawn numbers of any public or private lottery; or who indorses or uses a book, or other document, for the purpose of enabling others to sell, or offer to sell, lottery policies, or other such writings, papers, or documents, is a common gambler, and punishable by imprisonment for not more than two years, or by a fine not exceeding one thousand dollars, or both. Gaming, what is. For drinks. McDaniel v. Com., 6 Bush (Ky.), 326. Gift enterprise. Bell v. State, 5 Sneed, 507. Cock fighting. Johnson v. State, 4 id. 614. Bank. State v. Welch, 7 Port. 453. Horse-racing. Watson v. State, 3 Ind. 123. Prize candy. Eubanks v. State, 3 Heisk. 488. With cards. State v. Albertson, 2 Blackf. 251. See State v. Smith, 1 Meigs, 99; Bagley v. State, 1 Humph. 486. Dice. Com. v. Gourdier, 14 Gray, 390; Com. v. Taylor, id. 26. Playing once is. Cameron v. State, 15 Ala. 383; Swallow v. State, 20 id. 30; Buck v. State, 1 McCook, 61; West v. Com., 3 J. J. Marsh. 641. On credit. Com. v. Burns, 4 id. 177. What is letting? Robiuson v. State, 24 Tex. 152. Betting. Quarles v. State, 4 Humph. 561; Parson v. State, 2 Carter, 499. See People v. Dewey, 33 N. Y. State Rep'r, 427; 11 N. Y. Supp. 602; People v. Borges, 6 Abb 132; Peo ple v. Emerson, 53 Hun, 440; 25 N. Y. State Rep'r, 466; Dunn v. People, 27 Hun, 272; People v. Emerson, 20 N. Y. State Rep'r, 17; 6 N. Y. Cr. 157; People v. Todd, 51 Hun, 449; 21 N. Y. State Rep'r, 401. § 344a. Keeping place for playing policy, etc.-A person who keeps, occupies or uses, or permits to be kept, occupied or used, a place, building, room, table, establishment or apparatus for policy playing or for the sale of what are commonly called "lottery policies, ' or who delivers or receives money or other valuable consideration ir playing policy, or in aiding in the playing thereof, or for what is commonly called a "lottery policy," or for any writing paper, or document in the nature of a bet, wager or insurance upon the draw ing or drawn numbers of any public or private lottery; or who shall have in his possession, knowingly, any writing, paper or document, representing or being a record of any chance, share or interest in numbers sold, drawn or to be drawn, or in what is commonly called "policy," or in the nature of a bet, wager or insurance, upon the drawing or drawn numbers of any public or private lottery; or any paper, print, writing, numbers, device, policy slip, or article of any kind such as is commonly used in carrying on, promoting or playing the game commonly called "policy"; or who is the owner, agent, superintendent, janitor or caretaker of any place, building or room where policy playing or the sale of what are commonly called lottery policies" is carried on with his knowledge or after notification that the premises are so used, permits such use to be continued. or who aids, assists, or abets in any manner, in any of the offenses acts or matters herein named, is a common gambler, and punishable by imprisonment for not more than two years, and in the discretion of the court, by a fine not exceeding one thousand dollars or both. Added by chap. 190 of 1901. In effect September 1, 1901. §344b. Possessing policy slip. The possession, by any person other than a public officer, of any writing, paper, or document representing or being a record of any chance, share or interest in numbers sold, drawn or to be drawn, or in what is commonly called "policy," or in the nature of a bet, wager or insurance upon the drawing or drawn numbers of any public or private lottery, or any paper, print, writing, numbers or device, policy slip, or article of any kind, such as is commonly used in carrying on, promoting or playing the game commonly called "policy," is presumptive evidence of possession thereof knowingly and in violation of the provisions of section three hundred and forty-four-a. Added by chap. 190 of 1901. In effect September 1, 1901. § 344c. Removing person occupying premises used for playing policy.-Any person having information of any place, building or room where policy playing or the sale of what are commonly called "lottery policies" is carried on, may serve personally upon the owner, landlord, agent, superintendent, janitor or caretaker of the premises, so used or occupied, a written notice, requiring the owner, landlord, agent, superintendent, janitor or caretaker, to make an application for the removal of the person so using or occupying the same. If the owner, landlord, agent, superintendent, janitor or caretaker, does not make such an application within five days thereafter, or having made it, does not in good faith diligently prosecute it, the person giving the notice may make such an application, stating in his petition, the facts so entitling him to make it. Such an application has the same effect, as if the applicant was the landlord or lessor of the premises. The omission, or neglect of the owner, landlord, agent, superintendent, janitor or caretaker, to make such an application, or, having made it, the omission or neglect to in good faith diligently prosecute it, shall be presumptive evidence against the person on whom such notice shall be served of a violation of the provisions of section three hundred and forty-four-a. And in case the person giving said notice shall make an application as hereinbefore provided, and a final order shall be made as specified in section twenty-two hundred and forty-nine of the code of civil procedure, such order shall be evidence of a violation of the provisions of section three hundred and forty-four-a by the occupant of said premises and by the person on whom the notice herein provided for shall have been served. For the purpose of such applications summary proceedings to recover possession of the premises so used or occupied may be maintained under the provisions of chapter seventeen, title two, of the code of civil procedure. Added by chap. 190 of 1901. In effect September 1, 1901. $345. Seizure of gambling implements authorized.A person, who is required or authorized to arrest any person for a violation of the provisions of this chapter, is also authorized and required to seize any table, cards, dice or other apparatus or article, suitable for gambling purposes, found in the possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person arrested is required to be taken. Willis v. Warren, 17 How. Pr. 100. § 346. Such implements to be destroyed or delivered to district attorney. The magistrate, to whom any thing suitable for gambling purposes is delivered pursuant to the last section, must, upon the examination of the defendant, or if such examination is delayed or prevented, without awaiting such examination, determine the character of the thing so delivered to him, and whether it was actually employed by the defendant in violation of the provisions of this chapter; and if he finds that it is of a character suitable for gambling purposes, and that it has been used by the defendant in violation of this chapter, he must cause it to be destroyed, or to be delivered to the district attorney of the county in which the defendant is liable to indictment or trial, as the interests of justice may, in his opinion, require. Willis v. Warren, 17 How. 100; 1 Hilt. 590; Lowry v. Rainwater, 70 Mo. 152; 35 Am. Rep. 420. § 347. Such implements to be destroyed upon conviction. Upon the conviction of the defendant, the district attorney must cause to be destroyed every thing suitable for gambling purposes, in espect whereof the defendant stands convicted, and which remains a the possession or under the control of the district attorney. § 348. Persuading another person to visit gambling places.A person who persuades another to visit any building or part of a building, or any vessel or float, occupied or used for the purpose of gambling, in consequence whereof such other person gambles therein, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, is liable to such other person in an amount equal to any money or property there lost by him at play, to be recovered in a civil action. People v. Todd, 51 Hun, 450; 21 N. Y. State Rep'r, 402. § 349. Certain officers directed to prosecute offenses under this chapter.-It is the duty of all sheriffs, constables, police officers, and prosecuting or district attorneys to inform against, and prosecute, all persons whom they have reason to believe offenders against the provisions of this chapter; and any omission so to do is punish. able by a fine not exceeding five hundred dollars. People v. Todd, 51 Hun, 450; 21 N. Y. State Rep'r, 402. § 350. Duty of masters to suppress gambling on board their vessels. If the commander, owner or hirer of any vessel or float, knowingly permits any gambling for money or property on board such vessel or float, or if he does not, upon his knowledge of the fact, immediately prevent the same, he is punishable by a fine not exceeding five hundred dollars; and in addition thereto is liable to any party losing money or property by means of gambling in violation of this section, in a sum equal to the money or property, to be recovered in a civil action. People v. Todd, 51 Hun, 450; 21 N. Y. State Rep'r, 402. § 351. Pool-selling, book-making, bets and wagers, et cetera. Any person who engages in pool-selling, or book-making at any time or place; or any person who keeps or occupies any room, shed, tenement, tent, booth, or building, float or vessel, or any part thereof, or who occupies any place, or stand of any kind, upon any public or private grounds, within this state, with books, papers, apparatus or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, and any person who records or registers bets or wagers, or sells pools upon the result of any trial or contest of skill, speed or power of endurance, of man or beast, or upon the result of any political nomination, appointment or election; or upon the result of any lot, chance, casualty, unknown or contingent event whatsoever; or any person who receives, registers, records or forwards, or purports or pretends to receive, register, record or forward, in any manner whatsoever, any money, thing or consideration of value, bet or wagered, or offered for the purpose of being bet or wagered, by or for any other person, or sells pools, upon any such result; or any person who, being the owner, lessee, or occupant of any room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or of any grounds within this state, knowingly permits the same to be used or occupied for any of these purposes, or therein keeps, exhibits or employs any device or apparatus for the purpose of recording or registering such bets or wagers, or the selling of such pools, or becomes the custodian or depository for gain, hire or reward, of any money, property or thing of value, staked, wagered or pledged, or to be wagered or pledged upon any such result; or any person who aids, assists or abets in any manner in any of the said acts which are hereby forbidden, is guilty of a felony, except when another penalty is provided by law, and upon conviction is punishable by imprisonment in the state prison for a period not more than two years, or by a fine not exceeding two thousand dollars When an exclusive penalty is provided by law for an act hereby prohibited, the permitting of the use of premises for the doing of the act in such case shall not be deemed a violation hereof, or of section three hundred and forty-three of this code. Am'd by ch. 572 of 1895 and ch. 636 of 1901. Book-making is gambling. Haley v. Cridge, 1 Rob. C. C. 433; Murphy v. Board of Police, 11 Abb. N. C. 337; Jerome Park v. Board of Police, d. 342; Peo ple v. Kelly, 3 N. Y. Cr. 272; 22 Week. Dig. 64; People, cx rel. Ottolengui, v. Barbour, 5 N. Y. Cr. 381; People v. Bauer, 37 Hun, 407; Brennan v. Brighton B |