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TITLE 8.

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be the duty of the overseers of the poor of the town where the person or persons drawing such prize, or any of them, shall reside, to sue for the same, in their names; and they shall recover the same, in an action for money had and received,

founded upon this statute. Registering S 34. No person shall open, set up, exercise, or keep by

himself, or by any other person or persons, any office or other place for registering the numbers of any ticket in any lottery not authorised by the laws of this state; nor shall any person, by printing, writing or otherwise, publish the setting up, opening, or using of any such office or other place.

Laws of 1819, 260, 8 6. Selling S 35. No person shall sell the chance or chances of any saring, &c. ticket in any lottery not authorised by the laws of this state;

nor shall any person insure for or against the drawing of any

such lottery. Prohibition S 36. No person shall insure, or receive any consideration suring tick- for insuring, for or against the drawing of any ticket or tickets sottery, and in any lottery whatever, whether authorised by law or not; bilishing nor shall any person receive any money, or goods or thing in

action, in consideration of any agreement to repay any sum thereof, &c.

or sums, or to deliver the same or any other goods or thing in action, if any ticket or tickets in any lottery whatever shall prove fortunate or unfortunate, or shall be drawn or not drawn on any particular day, or in any particular order, or otherwise howsoever; nor shall any person promise or agree to pay any · sum of money, or to deliver any goods or thing in action, or

to do or forbear to do any thing for the benefit of any other person or persons, with or without consideration, upon any event or contingency dependent on the drawing of any ticket or tickets, or the number or numbers of any tickets, in any lottery whatever; nor shall any person publish any notice or proposal, for any of the purposes aforesaid.

Laws of 1819, 260, $ 7. Penalty for $37. Whoever shall offend against any of the provisions

contained in the three preceding sections, shall be deemed sections, guilty of a misdemeanor; and on conviction, shall be liable to

a fine not exceeding one thousand dollars, or to imprisonment not exceeding one year.

$ 38. Every grant, bargain, sale, conveyance, or transfer of property any real estate, or of any goods, chattels, things in action,

or any personal property, which shall hereafter be made in pursuance of any lottery not authorised by the laws of this state, or for the purpose of aiding and assisting in such lottery, game or other device, to be determined by lot or chance, are hereby declared void and of no effect.

Laws of 1819, 259, $ 4. Selling lot. S 39. No person within this state shall directly or indirectly without li- sell, vend, barter, furnish, procure for the purpose of sale, or bibited!a cause to be sold, vended, bartered, furnished or procured, any

violating three last

(668)

Certain transfers of

void

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ART. 4

by whom to

ticket or share or interest in any ticket, of any lottery or other device or game of chance, unless thereto duly licensed in the manner herein after prescribed; and any person offending in the premises, shall be deemed guilty of a misdemeanor, and shall be subject to a fine not exceeding one hundred dollars for every ticket or share, or interest in any ticket so vended, sold, bartered, furnished or procured, or to imprisonment not exceeding one year.

This and the remaining sections of this Title, except when otherwise noted,

are taken from the act of 1827, 327. S 40. Licenses may be granted to any person applying for Li the same to carry on the business of vending lottery tickets, be granted. for the term of one year from the date thereof, in the cities of New-York, Albany, Hudson, Troy and Schenectady, by the mayors of the said cities respectively, and in the several counties in this state, except the city and county of NewYork, by the judges of the county courts thereof respectively, or the majority of them; but no licenses shall be granted for the cities of Albany, Hudson, Troy and Schenectady, by any other persons than the mayors of the said cities respectively.

$ 41. The said licenses shall be entered of record by the Licenses to clerks of the counties wherein the same are granted; and such ed. record, or a transcript thereof, duly certified by the clerk of the county, under his official seal, shall be evidence in all courts and places whatsoever. Such licenses shall specify the Contents. house, store or office where the business of vending tickets shall be carried on, and shall not authorise the selling, barter- Effect. ing or furnishing of any tickets of any lottery in any other place than that so designated, except some other place shall, be substituted by the officers having authority to grant such license.

S 42. A license shall be granted by the said mayors and Licenses to judges respectively, whenever applied for, to the managers or song with persons who have purchased the lotteries heretofore authorised &c." by this state, and to the duly authorised agent or agents of the institutions or corporations for whose benefit the said lotteries were granted, who shall be appointed such agent for the purpose of managing any such lottery, and also to any persons who shall be employed by the said managers or pur (669) chasers aforesaid, or by the agents aforesaid, to vend tickets for them and in their behalf, upon such persons producing and filing with the said mayors of cities respectively, or with the clerk of the county in which åpplication shall be made, a certificate subscribed by the said managers or purchasers, or by the agents so appointed, specifying that such applicant has been employed by them to vend tickets in their behalf.

S 43. Before the granting of such license to any other person than the said managers, purchasers, agents or persons employ- paid ed by them, it shall be the duty of the person desiring a license ers. to vend such tickets in the city of New-York, to pay to the mayor of that city the sum of two hundred and fifty dollars ;

out bond,

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conditions,

TITLE &

and for a license to vend such tickets in the city of Albany, to pay to the mayor of that city the sum of one hundred and twenty-five dollars; and for a license to vend such tickets in the city of Hudson, to pay to the mayor of that city the sum of seventy-five dollars; and for a license to vend such tickets in the city of Troy, to pay to the mayor of that city the sum of one hundred dollars; and for a license in the city of Schenectady, to pay to the mayor of that city the sum of fifty dollars; and to the treasurers of the counties where applications shall be made to the judges of the county courts, such sums as the said judges, or a majority of them, shall require, not less than twenty dollars, nor more than one hundred dollars : and no licenses shall be granted by the judges of the county courts, until the receipt of the county treasurer for the said sum so required to be paid, shall be produced and filed with the clerk of the county.

S 44. No license shall be granted to any other persons than those before excepted, until the person applying for the same shall enter into a bond to the people of this state, with two sufficient sureties, to be approved by the said mayors respectively, in their several cities, or by the judges of the county

courts in their several counties, or a majority of such judges, Penalty and which approbation shall be endorsed on the said bond; and

which bond, when executed in the city of New York, shall be

in the penal sum of five thousand dollars, and in any other · city or county, in the penal sum of two thousand dollars, with a condition therein that the person receiving such license shall not, during the continuance thereof, directly or indirectly, sell, vend, barter, furnish, supply, procure, or cause to be procured, furnished or supplied, within this state, to any person, any ticket or share, or interest in any ticket, of any lottery, or of any other game or device of chance, other than such as have been authorised by the legislature of this state, or any ticket or share, or interest in any ticket of any private lottery, device or game of chance, dependent upon the drawing of any lottery ; and that the person receiving such license, will, during the continuance thereof, conform himself, in all things, to the laws of this state relative to lotteries and the

sale of tickets. [670) S 45. Such bond, on being duly executed, shall be delivered where filed to the person or persons to whom application for such license Fee for li- shall be made, before any such license shall be granted, and

shall be by them filed in the office of the clerks of their respective counties, and for granting such license, such mayor or judges shall be entitled to receive the sum of fifty cents.

$ 46. It shall be the duty of the several district attornies of this state, whenever any condition of any such bond has been violated, to prosecute such bond by action of debt, and to assign the breaches of such condition: and on any breach of such condition being found by verdict or confessed, it shall be the duty of the court wherein such suit is prosecuted, to

Bonds

cense.

Prosecution of bonds.

ART. 4,

over of re

New York.

of monies

other cities,

render judgment for the penalty of such bond, with the costs of suit, and to cause execution thereon to be duly had. The Payment amount collected on such judgment, upon any bond executed coverios. in the city of New-York, over and above the costs, shall be paid to the mayor of the said city, and upon any bonds executed in any other county, to the county treasurer thereof.

S 47. The monies received by the mayor of the city of Application New-York, either upon the granting of licenses, or from received in recoveries upon bonds as aforesaid, shall be paid over from time to time as they shall be received, the one half thereof to the managers of the institution for the education of the deaf and dumb, and the other half to the common council of the said city, for the use of the public schools therein.

$ 48. The monies received as aforesaid by the mayors of Application other cities of this state, shall be by them paid over as received, receivod in to the treasurers of their respective counties; and the monies so received by the said treasurers, as well as the monies received by them on granting licenses, and from recoveries on bonds, shall be preserved as a fund for the support of the poor of the counties respectively in which the same shall be received, subject to the disposition of the board of supervisors of each county, excepting that the monies so received and

Hudson. collected in the city of Éudson, shall be paid over for the benefit of the Hudson Lancaster school; and the monies so Troy. collected and received from granting licenses to venders in the first four wards of the city of Troy, shall be paid over to the trustees of the first school district in that city, to be by them applied to the support of a high school on the monitorial plan, and to be accounted for as other school monies that shall come into their hands; and the monies so collected from the Lansingvenders of lottery tickets in the village of Lansingburgh, shall be paid over by the treasurer of the county of Rensselaer to the trustees of the Lansingburgh monitorial school, to be applied to the use of the said school.

Laws of 1828, 100, 172. $ 49. If any licensed vender of lottery tickets shall be con- Licences, victed of any of the offences specified in this Article, his feitod, &c. license shall, by such conviction become forfeited, and be held (671) absolutely null and void ; and such person shall forever thereafter be debarred from receiving any license to vend lottery tickets in this state; but no such forfeiture of any license shall prevent the prosecution of the bond given by such vender to obtain such license, nor shall such conviction and forfeiture bar any suit or recovery upon any such bond.

S 50. The agents of the institutions or corporations for Certain lotwhose benefit lotteries have been granted by any law of this may be distate, duly appointed by them, to conduct such lotteries, and the persons who have purchased such lotteries from said institutions or corporations, may divide any tickets in any such lotteries into shares, and may issue certificates of such shares, which shall be subscribed by the agents of the said institu

vided into shares.

TITLE 8.

to be made and filed.

shares of tickets.

this Article.

* tions or corporations, or by the said purchasers, or by their List thereof agents, for that purpose appointed. Before issuing such cer

tificates, a complete list thereof, exhibiting the register and combination numbers thereof, duly certified to be true and correct, by the persons intending to issue the same, shall be filed in the office of the secretary of state. The said list, or

a duly certified copy thereof, shall be evidence in all courts. Penalty for $ 51. No person shall within this state, sell any share or otherc., part of a ticket in any lottery whatsoever, other than the

certificates of shares issued in conformity to the preceding section; nor shall any person give any writing or certificate that the bearer, or any person, shall be entitled to any share or part of any prize which may be drawn in any lottery whatever, except the certificates issued according to the preceding section; whoever shall offend against these provisions, or either of them, shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine not exceeding one hundred dollars, and to imprisonment not exceeding three

calendar months, or to both, in the discretion of the court. Evidence in S 52. It shall not be necessary in the trial of any suit or lions under prosecution under the provisions of this Article, to prove the

existence of any lottery in which any ticket, share or part of a ticket purports to have been issued, or the actual signing of any such ticket, or share, or of any pretended ticket or share, of any pretended lottery; nor that any ticket, share or interest, was signed or issued by the authority of any manager, or of any person assuming to have authority as manager; but in all cases, proof of the sale, furnishing, bartering or procuring of any ticket, share or interest therein, or of any instrument, purporting to be a ticket, or part or share of any ticket, shall be conclusive evidence that such ticket, share or interest

was signed and issued according to the purport thereof. Forgery of $ 53. If any person shall falsely make, alter, forge or counlottery tick- terfeit, or cause or procure to be falsely made, altered, forged

or counterfeited, or willingly act or assist in the false making, (672) altering, forging or counterfeiting any ticket of any lottery,

or other game or device of chance, or any share or interest, or any certificate of any share or interest in any ticket of any lottery, or other game or device of chance, with intent to defraud any person or body corporate whatsoever, or shall utter or publish as true, or shall sell or exchange, or offer for sale or exchange, any false, altered, forged or counterfeited ticket of any lottery, or other game or device of chance, or of any share or interest, or of any certificate of any share or interest in any ticket of any lottery, with intention to defraud any person or body politic or corporate whatsoever, knowing the same to be false, altered, forged or counterfeited, then any such person being thereof convicted, shall be subject to imprisonment as prescribed by law.

Act concerning Revised Statutes, of December 10, 1828, $ 13; see chap.

1, 4th Part R. S., Title 3, § 33.

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