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pay or deliver the same or any part thereof, may, within three calen- ART. 3. dar 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.68

S 15. In case the person losing such sum or value shall not, with- When to be in the time aforesaid, in good faith and without collusion, sue for the overseers of sum or value so by him lost and paid or delivered, 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. 68

$ 16. All things in action, judgments, mortgages, conveyances, Securities for and every other security whatsoever, given or executed, by any per- gaming, void, son, where the whole or any part of the consideration 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, 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.69

$ 17. When any securities, mortgages or other conveyances, exe- such securicuted for the whole or part of any consideration specified in the pre-estate, on the ceding section, shall affect any real estate, they shall enure for the heir 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.69

S 18. No person, other than the parties in the cause, shall be in- Persons playcapacitated or excused from testifying, touching any offence committed prethodne against any of the foregoing provisions, relating to gaming, by reason thermo 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."0

(58) 1 R. L. 153, § 2. (69) Ib. § 1. (70) Ib. $ 8.

for benefit of

grantor.

ing, &c. competont witnesses against

Answers to

TITLE & S 19. Every person who shall be liable to be sued by any loser or

other person, by virtue of any of the foregoing provisions relating to bills of disco- gaming, in this Article contained, shall be compelled to answer, on compelled. 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. 71 Answers not $ 20. The answer to such bill shall not be used as testimony, in certain cases, any case, against the person making such discovery." When wit $ 21. Any person offending against any of the provisions contained De discharged in this Article, who shall be admitted and examined 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.72

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ARTICLE FOURTH.

Of Raffling and Lotteries. .
Sec. 22. Penalty for setting up money or property to be raffled for.

23. Raffling prohibited. 24. Contracts made and securities given on account of raffling, void. 25. Money paid for any interest in a raffle, may be recovered back. 26. Unauthorised lotteries declared unlawful, and common nuisances. 27. Penalty for setting up, drawing, &c. unauthorised lotteries. 29. Penalty for printing, publishing, &c. notices of illegal lotteries. 29. Penalty for selling, procuring, &c. tickets, &c. in illegal lotteries. 30. Penalty for offering for sale any property, dependant on drawing of any lottery, 31. Property so offered for sale, forfeited ; how recovered and applied. 32. Purchasers of tickets, &c. in illegal lotteries, may recover double the sum paid. 33. Prizes drawn in illegal lotteries, forfeited ; how collected and applied. 34. Offices for registering numbers of tickets in illegal lotteries, prohibited. 35. Selling of chances in illegal lotteries, and insurances respecting their drawing,

prohibited. 36. Insuring tickets in any lottery, and publishing notice thereof, prohibited. 37. Penalty for violating either of three last sections. 33. Transfers of property pursuant to an illegal lottery, &c. void. 39. Prohibition against selling lottery tickets, without license. 40. By whom licenses to be granted in certain cities and counties. 41. Contents of licenses ; to be recorded ; effect thereof. 42. Licenses to be granted to certain persons, without requiring bond, &c. 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 and by whom prosecuted ; recoveries, to whom to be paid. 47. Monies received from licenses, &c. in New-York, how applied. 43. Application of monies received in other cities, and in Lansingburgh. 49. When venders to forfeit licenses, and precluded from ever receiving them. 60. Certain persons authorised to divide lottery tickets into shares. 51. Penalty for selling, &c. any shares, other than those allowed by last section 62. Certain evidence not necessary in prosecutions under this Article. 53. Forgery of lottery tickets, &c. how punished. 54. Grand juries to be charged to enquire into violations of this Article.

(71) I R. L. 153, $3 & 4.

(72) Ib. $ 7.

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$ 22. No person shall set up or propose any money, goods, chattels ART. 4. or things in action, to be raffled for, or to be distributed by lot or chance, to any person who shall have paid, or contracted to pay, any setting up. valuable consideration for the chance of obtaining such money, goods, to be rafted 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. 73

$ 23. No person shall raffle for any sum of money, goods or things Raffing proin action, or become interested in the distribution of 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.73

$ 24. All contracts, agreements and securities given, made or c executed, for or on account of any raffle, or distribution of money, &c.onaco goods or things in action, for the payment of any money, or other fling, void. 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 distributed as aforesaid, shall be utterly void.73

$ 25. Any person who shall have paid any money, or valuable Mone thing, for a chance or interest in any such raffle or distribution, as is for chances. prohibited by the preceding sections, may sue for and recover the recovered same of the person to whom such payment or delivery was made. 73

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 lawful, &c. been authorised by law, shall be deemed unlawful, and a common and public nuisance.74

$ 27. No person, unauthorised by special laws for that purpose, Penalty for shall, within this state, open, set on foot, carry on, promote, or draw, drawing, &c publicly or privately, any lottery, game, or device of chance of any lotteries 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. 75

$ 28. No person shall, by printing, writing, or in any other way, Penalty for publish an account of any such illegal lottery, game or device, stating publishing,

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S iis lilitis state, stal read, sell or barter, furCN.! ! re, u: cause to be fornisbed or procured, or otier 0 :: 7 , furti, 55 ls, procure, or cause to be furnished

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1: 1!-La' be a stare or interest in any ticket, or any Ctr. caeli! P interest in any ticket, or in any paper purpagi barcati, as such lottery, device or game of chance, Die En ch i tos law; bor shall any persoa be aiding, ater is, IANS.. In the Commission of either of the said offences. 17 meter wil vand i st eile ei these prorisions, shall be de ned grily fa ris a nt; and on conviction, shall be liable wa fae D it exceelirfie lundrallers, or iu inutisonment not elceeding one year, ' io bith, in the discretie uite court."

330. To person, unauthorised by special law for that purpose now exisung, slull der for sale, distribution, or disposition in any way, any real estate, or any moner, gouds, articles, or things in action, or any interest therein, to be determined br lot or chance, that shall be dependant upon the drawing of any authorised or unauthorised lottery within or out of this state; rur shall any person sell, furnish or procure, or cause to be sold, jurbished a procured, in any manner whatwerer, any chance, share or portion, or any interest of any kind wlatsoever, in any property so illegally offered for sale, distribution or disposition as aforesaid, or any ticket or other evidence of any clance of interest in such property, to be determined by any drawing as aforesaid, or aly instrument purporting to be such ticket or evidence. Whoever oilends against either of these profisions, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a ine not exceeding fire hundred dollars, or to imprisonment not

exceeding one year." Pmpeter so 31. All property so offered for sale, distribution or disposition, Bu e, porti against the provisions of law, shall be forfeited to the people of this covered and state, as well before as after the determination of the chance on which appard.

the same was dependent; and it shall 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 ol

(76) Laws of 1819, p. 259, $ 2 & 3. (77) Laws of 1827, p. 329, $ 6 & 12

of er i for

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Prizes in illo

forfeited.

offices prohi

such property, and any monies that may be collected in any such suit, ART. 4. into the county treasury, for the benefit of the poor. 78

$ 32. Any person who shall purchase any share, interest, ticket, Purchasera of certificate of any share or interest, or part of a ticket, or any paper or fickets.per instrument purporting to be a ticket or share or interest in any ticket, s 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, wbich he may have paid or delivered in consideration of such purchase, with double costs of suit.79

S 33. Any prize that shall be drawn in any lottery forbidden by Prize law, shall be forfeited to the use of the poor; and it shall be the duty Fallo 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. 79

$ 34. No person shall open, set up, exercise, or keep by himself, Registering or by any other person or persons, any olice or other place for re- bited. gistering 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.80

$ 35. No person shall sell the chance or chances of any ticket in Selling any lottery not authorised by the laws of this state ; nor shall any sbaine person insure for or against the drawing of any such lottery.81

S 36. No person shall insure, or receive any consideration for in- Probibition suring, for or against the drawing of any ticket or tickets in any lottery whatever, whether authorised by law or not; nor shall any person and againsi receive any money, or goods or thing in action, in consideration of a any agreement to repay any sum or sums, or to deliver the same or of 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.si

$ 37. Whoever shall offend against any of the provisions contained Penalty for in the three preceding sections, shall be deemed guilty of a misde- three last

against in koring tickets

publishing notice thero

sections.

(78) Laws of 1827, p. 329, § 6 & 12. 260, $ 6. (81) Ib. $ 7.

(79) 2 R. L. p. 189, § 4.

(80) Laws of 1919, p.

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