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Winner to forfeit flve

sum won.

Logers of certain

bearing a share in the wagers played for, or while betting on

ART. 3, the sides or hands of such as play, win or acquire to himself or to any other, any sum of money or other valuable thing, shall be guilty of a misdemeanor, and on conviction shall be deemed infamous.

1 R. L., 153, $ 5. $ 12. Every person who shall, at any one time or sitting, Wiener to win by playing at any game, of any one or more persons, times the any sum or value, shall forfeit five times the value of the money or other things so won, to be recovered by and in the name of the overseers of the poor of the town, for the use of the poor. $ 13. Every person who shall win or lose at play, or by Penalty for

winning or betting at any time, the sum or value of twenty-five dollars losing $26. or upwards, within the space of twenty-four hours, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five times the value or sum so lost or won; which after deducting such reasonable charges of the prosecutor and witnesses as the court shall allow, shall be

paid to the overseers of the poor of the town where the · offence was committed, for the benefit of the poor.

1 R. L., 153, § 6. $ 14. Every person who shall, by playing at any game, or ! by betting on the sides or hands of such as do play, lose at some may any time or sitting, the sum or value of twenty-five dollars them back. or upwards, and shall pay or deliver the same or any part (663) thereof may, within three calendar months after such payment or delivery, sue for and recover the money or value of the things so lost and paid or delivered, from the winner thereof.

1 R. L., 153, $ 2; 19 N. Y., 27; 13 J. R., 88; 4 J. R., 193. $ 15. In case the person losing such sum or value shall not, When to be within the time aforesaid, in good faith and without collusion, overseera sue for the sum or value so by him lost and paid or delivered,

dof poor. and prosecute such suit to effect without unreasonable delay, the overseers of the poor of the town where the offence was committed, may sue for and recover the sum or value so lost and paid, together with treble the said sum or value, from the winner thereof, for the benefit of the poor.

$ 16. All things in action, judgments, mortgages, convey- Sect ances, and every other security whatsoever, given or executed, lost at gam

m ing void, by any person, where the whole or any part of the considera- &c. tion of the same shall be for any money or other valuable thing won by playing at any game whatsoever, or won by betting on the hands or sides of such as do play at any game, or where the same shall be made for the repaying any money knowingly lent or advanced for the purpose of such gaming or betting aforesaid, or lent or advanced at the time and place of such play, to any person so gaming or betting aforesaid, or to any person who, during such play, shall play or bet,

recover

When to be

Securities for money

TITLE &

ties upon real estate

of grantor.

Persons

others.

shall be utterly void, except where such securities, conveyances or mortgages shall affect any real estate, when the same shall be void as to the grantee therein, so far only as herein after declared.

1 R. L., 153, § 1; 19 B., 127; 3 D., 342; 1 N. Y., 392. Such secari S 17. When any securities, mortgages or other conveyances,

executed for the whole or part of any consideration specified to be fore in the preceding section, shall affect any real estate, they heir, &c., shall enure for the sole benefit of such person as would be

entitled to the said real estate, if the grantor or person incumbering the same, had died, immediately upon the execution of such instrument, and shall be deemed to be taken and held to and for the use of the person who would be so entitled. All grants, covenants and conveyances, for preventing such real estate from coming to, or devolving upon, the person hereby intended to enjoy the same as aforesaid, or in any way incumbering or charging the same, so as to prevent such person from enjoying the same fully and entirely, shall be deemed fraudulent and void.

S 18. No person, other than the parties in the cause, shall &c., compe- be incapacitated or excused from testifying, touching any ses against offence committed against any of the foregoing provisions;

relating to gaming, by reason of his having played, betted or staked, at any game, as herein prohibited; but the testimony of any such person shall not be used against him, in any suit or prosecution hereby authorised.

R. L., 153, $ 8. [664] $ 19. Every person who shall be liable to be sued by any Answers to loser or other person, by virtue of any of the foregoing procovery may visions relating to gaming, in this Article contained, shall be pelled. compelled to answer, on oath, any bill that may be exhibited

against him, in the court of chancery, for discovering the money or other things won at play contrary to law; and may be compelled, by decree of such court, to return the same.

1 R. L., 153, § 3 & 4. $ 20. The answer to such bill shall not be used as testimony, in any case, against the person making such discovery.

$ 21. Any person offending against any of the provisions When wit- contained in this Article, who shall be admitted and examined

ay as a witness, in any court of record, to sustain any suit or

prosecution herein authorised, may, by rule of the court, be
discharged from all penalties by reason of such offence, if such
person hath not before been convicted thereof, or of a similar
offence, and if it appear to the court satisfactorily, that such
person was duped or enticed into the commission of the
offence, by those against whom he shall testify.

1 R. L., 153, 8 7.
See Laws of 1851, ch. 504; 1855, ch. 214,

bills of dis

be com

Answers not testi mony in certain cases.

nesses may

ed from penalties.

ARTICLE FOURTH.

ART. 4.
OF RAFFLING AND LOTTERIES.
SEC. 22. Penalty for setting up money or property to be raffled for.

23. Raffling prohibited.
24. Contracts and securities on account of raffling, void.
25. Money paid for any interest in a raffle, may be recovered back.
26. Unauthorised lotteries declared unlawful.
27. Penalty for unauthorised lotteries.
28. Penalty for printing, publishing notices.
29. Penalty for selling, procuring tickets.
30. Penalty for offering for sale property, dependant on any lottery.
31. Property forfeited; how recovered and applied.
32. Purchasers of tickets may recover double the sum paid.
33. Prizes drawn forfeited; how collected and applied.
34. Offices for registering numbers prohibited.
35. Selling of chances and insurances prohibited.
36. Insuring tickets in any lottery prohibited.
37. Penalty for violating either of three last sections.
38. Transfers of property pursuant to an illegal lottery, void.
39. Prohibition against selling lottery tickets.
40. By whom licenses to be granted in certain cities and counties.
41. Contents of licenses; effect thereof.
42. Licenses to be granted to certain persons, without bond.
43. All other venders to pay certain sums for licenses.
44. And to execute bonds; their penalty and condition,
45. Bonds, where filed; fee for license.
46. Bonds, when prosecuted; recoveries, to whom to be paid.
47. Monies received from licenses in New York, how applied.
48. Application of monies received in other cities, and in Lansingburgh.
49. When venders to forfeit licenses.
50. Certain persons authorised to divide lottery tickets into shares.
51. Penalty for selling, &c., any shares, other than those.
52. Certain evidence not necessary in prosecutions.
53. Forgery of lottery tickets, &c., how punished.

54. Grand juries to be charged to enquire into violations of this Article. $ 22. No person shall set up or propose any money, goods, [665]

Penalty for chattels or things in action, to be raffled for, or to be distri

setting up buted by lot or chance, to any person who shall have paid, or money, &ca contracted to pay, any valuable consideration for the chance for. of obtaining such money, goods, or things in action. Any person offending against this provision, shall forfeit three times the sum of money, or value of the articles so set up, together with the sum of ten dollars, to be recovered by and in the name of the overseers of the poor of the town where the offence was committed.

1 R. L., 222, 8 7; 11 N. Y., 438; 7 N. Y., 241; 13 B., 577. $ 23. No person shall raffle for any sum of money, goods or Raming things in action, or become interested in the distribution of P! any money, goods or things in action, by lot or chance. Whoever offends against this provision, shall forfeit ten dollars, to be recovered as directed in the preceding section.

S 24. All contracts, agreements and securities given, made Contracts, or executed, for or on account of any raffle, or distribution of count of money, goods or things in action, for the payment of any poid.no

I. — 78

to be raflled

prohibited.

&c., on ac

TITLE 8.

for chances, &c,, may be

Lotteries unlawful, &c.

Penalty for

lotteries.

money, or other valuable thing, in consideration of a chance in such raffle or distribution, or for the delivery of any money, goods or things in action, so raffled for, or agreed to be distri

buted as aforesaid, shall be utterly void. Money paid $ 25. Any person who shall have paid any money, or

valuable thing, for a chance or interest in any such raffle recovered or distribution, as is prohibited by the preceding sections, may

sue for and recover the same of the person to whom such payment or delivery was made.

S 26. Every lottery, game, or device of chance, in the nature of a lottery, by whatever name it may be called, other than such as have been authorised by law, shall be deemed unlawful, and a common and public nuisance.

Laws of 1819, 258, § 1. .

§ 27. No person, unauthorised by special laws for that drawing, P. purpose, shall, within this state, open, set on foot, carry on, c., unau- promote, or draw, publicly or privately, any lottery, game, or

device of chance of any nature or kind whatsoever, or by whatever name it may be called, for the purpose of exposing, setting to sale, or disposing of any houses, lands, tenements, or real estate, or any money, goods, or things in action. Whoever offends against this provision, shall be deemed guilty of a misdemeanor; and on conviction, shall be subject to a fine equal to the amount of the whole sum or value for which such lottery, game or device, was made; and if such amount cannot be ascertained, then to a fine of two thousand five hundred dollars, or to imprisonment not exceeding two years, or to both, in the discretion of the court.

Laws of 1819, 259, § 2 & 3; 7 N. Y., 241; 3 D., 89, 91; 23 W., 418;

5 J. R., 327; 4 B., 314. Penalty for $28. No person shall, by printing, writing, or in any other publishing, way, publish an account of any such illegal lottery, game or & notices device, stating when or where the same is to be drawn, or the lotteries. prizes therein, or any of them, or the price of a ticket or share [666]

therein, or where any ticket may be obtained therein, or in any way aiding or assisting in the same. Whoever offends against this provision, shall be deemed guilty of a misdemeanor; and on conviction, be subject to a fine not exceeding one hundred and fifty dollars, or to imprisonment not exceeding three calendar months.

1N. Y., 184; 3 D., 213. Penalty for S 29. No person within this state, shall vend, sell or barter,

ing: Bor furnish, supply, procure, or cause to be furnished or procured, tickets, &c., or offer to vend, sell, barter, furnish, supply, procure, or cause lotteries. to be furnished or procured, to or for any person or persons,

any ticket, or part or share of a ticket, or any paper or instrument purporting to be a ticket or part of a ticket, or to be a share or interest in any ticket, or any certificate of any share or interest in any ticket, or in any paper purporting to be a ticket, of any such lottery, device or game of chance, not

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expressly authorised by law; nor shall any person be aiding, abetting, or assisting in the commission of either of the said offences. Whoever shall offend against either of these provisions, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a fine not exceeding five hundred dollars, or to imprisonment not exceeding one year, or to both, in the discretion of the court.

Laws of 1827, 329, 6 & 12; 1 N. Y., 180; 4 B, 314; 3 D., 101. S 30. No person, unauthorised by special law for that pur- Penalty for

offering for pose now existing, shall offer for sale, distribution, or dis- galeriang position, in any way, any real estate, or any money, goods, dependent articles, or things in action, or any interest therein, to be on drawing determined by lot or chance, that shall be dependant upon tery. the drawing of any authorised or unauthorised lottery within or out of this state; nor shall any person sell, furnish or procure, or cause to be sold, furnished or procured, in any manner whatsoever, any chance, share or portion, or any interest of any kind whatsoever, in any property so illegally offered for sale, distribution or disposition as aforesaid, or any ticket or other evidence of any chance or interest in such property, to be determined by any drawing as aforesaid, or any instrument purporting to be such ticket or evidence. Whoever offends against either of these provisions, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a fine not exceeding five hundred dollars, or to imprisonment not exceeding one year.

7 N. Y., 241. S 31. All property so offered for sale, distribution or dispo- Property so sition, against the provisions of law, shall be forfeited to the sale, forfeitpeople of this state, as well before as after the determination covered and of the chance on which the same was dependent; and it shall applied be the duty of the respective district attornies, to demand, sue for and recover, in behalf of this state, all property so forfeited, and to maintain the proper actions for the same after demand made, and to pay the proceeds of the sale of such (667) property, and any monies that may be collected in any such suit, into the county treasury, for the benefit of the poor.

7 N. Y., 241; 5 S. S. C., 635. S 32. Any person who shall purchase any share, interest, Purchasers ticket, certificate of any share or interest, or part of a ticket, &c., to re or any paper or instrument purporting to be a ticket or share ble the sam or interest in any ticket, or purporting to be a certificate of any share or interest in any ticket, or in any portion of any illegal lottery, may sue for and recover double the sum of money, and double the value of any goods or things in action, which he may have paid or delivered in consideration of such purchase, with double costs of suit.

2 R. L., 189, 84. · $ 33. Any prize that shall be drawn in any lottery forbidden illegal lotby law, shall be forfeited to the use of the poor; and it shall feited:

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