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Certain transfers of

void.

without license, prohibited.

whom to bo granted

TITLE & meanor ; and on conviction, shall be liable to a fine not exceeding

one thousand dollars, or to imprisonment not exceeding one year. 82 Certains $ 38. Every grant, bargain, sale, conveyance, or transfer of any property, 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.83 Selling lotto S 39. No person within this state shall directly or indirectly sell,

i. vend, barter, furnish, procure for the purpose of sale, or cause to be

sold, vended, bartered, furnished or procured, any 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 tot exceed

ing one year. 84 Licenses, by $ 40. Licenses may be granted to any person applying for the same

*to carry on the business of vending lottery tickets, 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 New-York, 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.

S 41. The said licenses shall be entered of record by the clerks of the counties wherein the same are granted; and such 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 house, store or office where the business of vending tickets shall be carried on, and shall not authorise the selling, bartering 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. Licenses to $ 42. A license shall be granted by the said mayors and judges resons without spectively, whenever applied for, to the managers or persons w

have purchased the lotteries heretofore authorised 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 of

Licenses to be recorded;

contents;

effect

certain per

(82) Laws of 1819, p. 260, 87. (83) Ib. p. 259, $ 4. (84) This and the remaining see tions of this Title, except when otherwise noted, are taken from the act of 1827, P, 831

venders.

purchasers aforesaid, or by the agents aforesaid, to vend tickets for ART. 4. 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 application 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 Certain sume the said managers, purchasers, agents or persons employed by them, to be paid by it shall be the duty of the person desiring a license to vend such tick- ver ets in the city of New-York, to pay to the mayor of that city the sum , of two hundred and fifty dollars; 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 And bonds to before excepted, until the person applying for the same shall enter by them; 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, 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 Conditions. 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.

be executed

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Dast bud executed in the C o le - S, Grer a abure te auss sal be paid to the rayon vf the said city, n azy twas erece in any other cor, to the cool'y treaser ti reci.

347. The main rereiseterite manentide con New-York, etter the trucoses, or fr o stries can bnnds as af uppsal, stall be paid over from time to time as they stall be received, the one taij tereul to the managers of the institution for the education of the deaf and dun.b, ar tie other Lalf to the common

council of the said city, for the use of the priblic schools therein. Azouest de 3 48. The monjes received as afuresaid by the mayors of other ci** 18136 ties of this state, sha:l be by them paid orer as receivei, to the trea

surers of their respective cousin; and the fru nies so received by the said treasurers, as well as the monies received by them on granting licenses, and from recoveries on tons, sball be preserved as a fund for the support of the pop of the counties respectively in which the sanie shall be received, subject to the disposition of the board of supervisors of each county, excepting that the monies so received and collected in the city of Hudson, shall be paid over for the benefit of the Hudson Lancaster school; and the monies so 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 venders 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.85

S 49. If any licensed vender of lottery tickets shall be convicted of when forfeit- any of the offences specified in this Article, his license shall, by such

(85) Laws of 1828, p. 100; ib, p. 172.

Tror.

Lansing. burgh.

Licenses,

ry tickets

ed into shares

to be made

conviction become forfeited, and be held absolutely null and void ; ART. 4. 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 whose be- Certain lotto nefit lotteries have been granted by any law of this state, duly appoint- may be divided 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 institutions or corporations, or by the said purchasers, or by their agents, for that purpose appointed. Before issuing such certificates, List thereof a complete list thereof, exhibiting the register and combination num- and filed. bers 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. $ 51. No person shall within this state, sell any share or part of a Penalty for

"selling, &c. ticket in any lottery whatsoever, other than the certificates of shares any other issued in conformity to the preceding section; nor shall any person tickets. 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.

$ 52. It shall not be necessary in the trial of any suit or prosecu- Evidence in tion under the provisions of this Article, to prove the existence of any under this 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.

S 53. If any person shall falsely make, alter, forge or counterfeit, Forgery of or cause or procure to be falsely made, altered, forged or counterfeited, ets, &o. or willingly act or assist in the false making, altering, forging or

prosecutions

Article,

respecting this Article

LE &. 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. 86 Grand juries S 54. It shall be the duty of the presiding judge of every court of petite. oyer and terminer, and of every court of general sessions of the peace,

specially to charge every grand jury to inquire into all violations of the laws against lotteries, and against the unlawful selling of tickets in lotteries.

ARTICLE FIFTH.

Of the Racing of Animals.
Sec. 55. Racing, &c. of horses, &c. prohibited; penalty.

56. Duty of public officers to prevent races and bind over offenders.
57. Penalty for contributing or collecting purse, &c. to be raced for.
68. Penalty on owners of horses, &c. and on persons betting.

59 & 60. All racing in New-Utrecht prohibited; penalty. Racing, &c. S 55. All running, trotting or pacing of horses, or any other aniprohibited; mals, for any bet or stakes, in money, goods, or other valuable thing,

or for any reward to be given to the owner or rider of any animal which shall excel in speed, excepting such as are by special laws for that purpose expressly allowed, shall be deemed racing within the meaning of this Article, and are hereby declared to be common and public nuisances and misdemeanors; and all parties concerned therein, either as authors, betters, stakers, stakeholders, judges to determine the speed of the animals, riders, contrivers or abettors thereof, shall be deemed guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceed

ing one year. 87 Public offi- $ 56. It shall be the duty of all officers concerned in the adminisvent races tration of justice, to attend at the place where they shall know or be offenders. informed that any race is about to be run contrary to the provisions of

law, and there give notice of the illegality thereof, and endeavor to prevent such race, by dispersing the persons collected for the purpose of attending the same, and by all other ways and means in their pow. er. Upon their own view of any persons offending against the provi

of horses,

penalty

cers to pre

and bind over

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