Lottery ollices. Advertising lottery offices. Insuring lottery offered for sale, distribution or disposition in violation of this section, or any ticket or other evidence of any chance, share or interest in such property, is guilty of a misdemeanor. See 1 Rev. Stat., 666, § 30. S377. Every person who opens, sets up or keeps, by himself, or by any other person or persons, any office or other place for registering the numbers of any ticket in any lottery, or for making, receiving or registering any bets or wagers upon the drawing, determination or result of any lottery, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars. 1 Rev. Stat., 667, §§ 34, 37. S 378. Every person who by writing or printing, by circulars or letters, or in any other way, advertises or publishes any account of the opening, setting up or keeping of any office or other place for either of the purposes prohibited by the last section, is guilty of a misdemeanor. See 1 Rev. Stat., 667, § 37; Id., 665, § 28. S 379. Every person who insures or receives any tickets, &c. consideration for insuring for or against the drawing of any ticket, share or interest in any lottery, or for or against the drawing of any number, or ticket, or number of any ticket in any lottery; and every person who receives any valuable consideration upon any agreement to pay any sum, or to deliver any property or thing in action in the event that any ticket, share or interest in any lottery, or any number, or ticket, or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not drawn on any particular day, or in any particular order; and every person who promises, agrees or offers to pay any sum of money or to deliver any property or thing in action, or to do, or forbear to do anything for the benefit of any other person, with or without consideration, upon any event whatever connected with any lottery, is guilty of a misdemeanor. See 1 Rev. Stat., 667, §§ 36, 37. $380. Every person who by writing or printing, by circulars or letters, or in any other way, advertises or publishes any offer, notice, or proposal for any violation of the last section, is guilty of a misdemeanor. adverts tery tickets. Advertising insure lot offered for disposal in lotteries forfeited. S 381. All property offered for sale, distribution or Property disposition, 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 same was dependent. And it is the duty of the respective district attorneys, to demand, sue for and recover, in behalf of this state, 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. See 1 Rev. Stat., 666, § 31. building purposes. S382. Every person who lets, or permits to be used Letting any building or portion of any building, knowing for lottery that it is intended to be used for any of the purposes declared punishable by this chapter, is guilty of a misdemeanor. $383. The provisions of this chapter apply in respect 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. Lotteries state. out of this ments by of this S384. The provisions of sections 375 and 378 are Advertiseapplicable wherever the advertisement was pub- persons out lished, or the letter or circular sent or delivered state. through or in this state, notwithstanding the person causing or procuring the same to be published, sent or delivered, was out of this state at the time of so doing. Keeping gambling apparatus in certain places. CHAPTER IX. GAMING. SECTION 385. Keeping gambling apparatus in certain places. 387. Gambling apparatus declared a nuisance. 388. Winning at play by fraudulent means. 389. Exacting payment of money won at play. 390. Winning or losing upwards of twenty-five dollars. 391. Witness' privilege. 392. Keeping gambling establishments or letting places for gam bling purposes. 393. Keeping gambling tables, promoting prohibited games, &c., prohibited. 394. Seizure of gambling implements authorized. 395. Such implements to be destroyed or delivered to district attorney. 396. Such implements to be destroyed upon conviction. 397. Persuading another person to visit gambling places. 398. Certain officers directed to prosecute offenses under this chapter. 399. Duty of masters to suppress gambling on board their vessels. 400. Racing of animals for a stake. of S385. It is unlawful to maintain or keep any table, cards, dice or any other article or apparatus whatever, useful or intended to be used in playing any game cards or faro, or other game of chance, upon which money is usually wagered, at either of the following places: 1. Within any building, or the appurtenances or grounds connected with any building in which any court of justice usually holds its sessions; or any building, any part of which is usually occupied by any religious corporation, or any incorporated benevolent, charitable, scientific or missionary society, or any incorporated academy, high school, college or other institution of learning, or any library company, or building and mutual loan company; 2. Within any building or the appurtenances or grounds connected with any building, while votes are being received or canvassed therein at any election for any officer of this state, or of the United States; or while any public meeting is being held therein; 3. Within the distance of one mile from any grounds upon which any training, review, drill or exercise of any military organization created or permitted by the laws of this state, is proceeding, or upon which any public fair, exhibition, exercise or meeting is being held or conducted, in the open air; 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. S386. Every person who knowingly violates the Punish last section is guilty of a misdemeanor. ment. apparatus S387. Every article or apparatus maintained or Gambling kept in violation of section 385, is a common and public nuisance. any declared a nuisance. play by fraudulent means. S 388. Every person who, by any fraud, cheat, or Winning at false pretense whatsoever, while playing at game, or while bearing a share in any wagers played for, or while betting on the sides or hands of such as play, wins or acquires to himself, or to any other, any sum of money or other valuable thing, is guilty of a misdemeanor. See 1 Rev. Stat., 662, § 11. The words, "and on conviction shall be deemed infamous," at the close of this section, in the Revised Statutes, are omitted. S 389. Every person who exacts or receives from another, directly or indirectly, any valuable consideration, 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 consideration so exacted or received, to be recovered in a civil action, by the persons charged with the support of the poor in the locality Winning or losing upwards of $25. Witness' privilege. in which the offense was committed, for the benefit of the poor. See 1 Rev. Stat., 662, § 12. Recommended as a substitute for 1 Rev. Stat., 662, § 12, which is as follows: Every person who shall, at any one time or sitting, win, by playing at any game, of any one or more persons, 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." The offense consists, when carefully considered, not so much in winning the money as in exacting or receiving payment of the money when won. $390. Every person who wins or loses at play or by betting, at any time, the sum or value of twentyfive dollars or upwards, within the space of twentyfour 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. 1 Rev. Stat., 662, § 13. S 391. No person shall be excused from giving any testimony or evidence 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 or evidence shall not be received against him upon any criminal investigation or proceeding. Omitted provisions. The following provision of the Revised Statutes is omitted for the reason that it pertains to evidence in civil causes, and if retained at all should be transferred to the Code of Civil Procedure: "No person, other than the parties in the cause, shall be incapacitated or excused from testifying, touching any offense 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 authorized." 1 Rev. Stat., 663, § 18. The following provision of the Revised Statutes is |