§ 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 provisions of section 327 and 331 are applicable, whenever the advertisement 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 the foregoing 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.

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.

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 building, 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, scien. tific 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. 400; 51 Hun, 448; Hitchins v. People, 39 N. Y. 454; Lyner's case, 5 C. H. Rec. 156; People v. Harrison, 28 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 Ill. 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; Shaw v. Clark, 49 Mich. 494; 43 Am. Rep. 474; Garrison v. McGregor, 51 Ill. 473; 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. Y. Ĉr. 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, 401.

§ 338. Gambling apparatus declared a nuisance. — An article or apparatus maintained or kept in violation of section 336, is a public nuisance.

See 8 385, 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., 8 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-partnership or individual, who shall keep 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. And nothing in this section shall be construed to repeal or otherwise affect the provisions of chapter four hundred and seventy-nine of the laws of one thousand eight hundred and eightyseven, entitled "An act prescribing the period in each year during which and the terms under which racing may take place upon the grounds of an association incorporated for the purpose of improving the breed of horses and suspending the operation of certain sections of the Penal Code." [AMD. CH. 428 of 1889.]

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 Ill. 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; People v. Emerson, 53 Hun, 439.

195

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? Robinson 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; People 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.

$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

respect whereof the defendant stands convicted, and which remains in 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 punishable 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. Bets, etc., on horse races, etc.—A person who keeps any room, shed, tenement, tent, booth or building, or any part thereof, or who occupies any place upon any public or private grounds within this state, with books, 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 being the owner, lessee or occupant of any room, shed, tenement, tent, booth or building, or part thereof, 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 depositary for hire or reward, of any money, property or thing of value staked, wagered or pledged upon any such result, is punishable by imprisonment for one year, or by fine not exceeding two thousand dollars, or both. [OPERATION OF, SUSPENDED. SEE CH. 479 of 1887.]

Book-making is gambling. Haley v. Cridge, 1 Rob. C. C. 433; Murphy 7. Board of Police, 11 Abb. N. C. 337; Jerome Park v. Board of Police, id. 342; People v. Kelly, 3 N. Y. Cr. 272 22 Week. Dig. 64; People, ex rel. Ottolengui, v. Barbour, 5 N. Y. Cr. 381; People v. Bauer, 37 Hun, 407; Brennan v. Brighton B.