§ 338. Gambling apparatus declared a nuisance.An article or apparatus maintained or kept in violation of section 336, is a public nuisance. See § 385, post. State v. Hardin, 1 Kan.. 471. § 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., § 57 § 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. § 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. § 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 received against him upon any criminal investigation or proceeding. See § 712 post. §343. Keeping gambling establishments.-A person who keeps a room, shed, tenement, tent, 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 being the owner or agent, knowingly lets, or permits the same to be so used, is guilty of a misdemeanor. Gaming, place for. Occasional use. Hutchins v. Peo. 39 N. Y., 454. See Peo. v. Sergeant, 8 Cow., 139, Tanner v. Albion, 5 Hill, 121. Lotto 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. Peo., 67 Ill., 587. § 344. Common gambler, etc.- A person who is the owner, agent, or superintendent of a place, or of any device, or aparatus, 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 Ib., 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; Bag ley v. State, 1 Humph., 486. Dice, Com. v. Gourdier, 14 Gray, 390; Com. v. Taylor, Ib., 26. Playing once is. Cameron v. State, 15 Ala., 383; Swallow v. State, 20 Ib., 30; Buck v. State, i McCook, 61; West v. Com. 3 J. J. Marsh, 641. On credit, Com. v. Burns, 4 Ib., 177. What is letting? Roinbson v. State, 24 Texas, 152. Betting. Quarles v. State, 4 Humph., 561; Parson v. State, 2 Carter, 499. § 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, supra. § 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. $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. § 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. § 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 nommation, 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. Book-making is gambling. Haley v. Cridge, 1 Rob. C. C., 433; Murphy v. Board of Police, 11 Abb. N. C., 337; Jerome Park v. Board of Police, ib., 342. §352. Racing of animals for stake. All racing or trial of speed between horses or other animals for any bet, stake or reward, except such as is allowed by special laws, is a public nuisance; and every person acting or aiding therein, or making or being interested in any such bet, stake or reward is guilty of a misdemeanor; and in addition to the penalty prescribed therefor, he forfeits to the people of this state, all title or interest in any animal used with his privity in such race or trial of speed, and in any sum of money or other property betted or staked upon the result thereof. See § 275, sub. 3, supra. CHAPTER X. PAWNBROKERS. SEC. 353. Pawnbroking without a license. 354. Refusing to exhibit stolen goods to owner. 353. Pawnbroking without a license.—A person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at a rate of interest above that allowed by law, except by virtue of a license from a municipal corporation or other authority empowered to grant licenses to pawnbrokers, is guilty of a misdemeanor. |