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2. Procures, counsels or assists any person so to expose himself, or to take part in any model artist exhibition, or to make any other exhibition of himself to public view, or to the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts; or,

3. Writes or composes, stereotypes, prints, publishes, sells, distributes, or keeps for sale, or exhibits any obscene or indecent writing, paper or book, or designs or copies, draws or engraves, paints, or otherwise prepares any obscene or indecent picture or print of any description, or moulds, cuts, casts, or otherwise makes any obscene or indecent figure, or form,

Is guilty of a misdemeanor.

Subd. 1. It has been held in England that an omnibus, in which are several passengers, is a "public place," within the rule on this subject. Reg. v. Holmes, 21 Law T., 160; 22 Law J. (M. C.), 122; but that a urinal, although established for public convenience, and situated in an open market is not one. Reg. v. Orchard, 3 Cox Cr. Cas., 248.

An exposure to one person only, is not sufficient to constitute the offense. Reg. v. Watson, 2 Cox Cr. Cas., 376; Reg. v. Webb, 1 Den. C. C., 338; 3 Cox Cr. Cas., 183.

Subd. 3. That procuring and keeping indecent prints for the purpose of exhibiting or selling them is a misdemeanor; but procuring or keeping them without such intent is not-see Dugdale v. Queen, 1 El. & B., 435; 20 Law T., 219.

Seizure of

indecent

authorized.

$364. Every person who is authorized or enjoined to arrest any person for a violation of subdivision 3 articles of the last section, is equally authorized and enjoined to seize any obscene or indecent writing, paper, book, picture, print or figure found in possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.

Provisions regulating the issuing and execution of search warrants, applicable to cases, among others, where it is desired to discover property which is in possession of any person with intent to use it as the means of com

Their character to be sum

marily determined.

Their destruction.

Keeping bawdy house.

Keeping

disorderly house.

Letting

building for unlawful

purposes.

mitting a public offense, are reported, Code Cr. Pr., §§ 862, 883.

S365. The magistrate to whom any obscene or indecent writing, paper, book, picture, print or figure, is delivered pursuant to the foregoing section, shall, upon the examination of the accused, or, if the examination is delayed or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print or figure, and if he finds it to be obscene or indecent he shall cause the same to be destroyed, or to be delivered to the district attorney of the county in which the accused is liable to indictment or trial, as the interests of justice in his judgment require. But not more than two copies of any one writing, paper, book, picture, print or figure, shall be delivered to the district attorney.

S366. Upon the conviction of the accused such district attorney shall cause any writing, paper, book, picture, print or figure, in respect whereof the accused stands convicted and which remains in the possession or under the control of such district attorney, to be destroyed.

S 367. Every person who keeps any bawdy house, house of ill-fame, of assignation, or of prostitution, or any other house or place for persons to visit for unlawful sexual intercourse or for any other lewd, obscene or indecent purpose, is guilty of a misdemeanor.

S 368. Every person who keeps any disorderly house, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of a misdemeanor.

2 Bish. Cr. L., § 251.

S369. Every person who lets any building or portion of any building knowing that it is intended to be used for any purpose declared punishable by this chapter, or who otherwise permits any building or

portion of any building to be so used, is guilty of a
misdemeanor.

See 2 Rev. Stat., 702, § 29; Abrahams v. State, 4
Iowa, 541; State v. Abrahams, 6 Clarke, 117.

CHAPTER VIII.

LOTTERIES.

SECTION 370. "Lottery " defined.

371. Lottery declared a public nuisance.

372. Setting up lotteries.

373. Selling lottery tickets.

374. Buying lottery tickets.

375. Advertising lotteries.

376. Offering property for disposal dependent upon the drawing

of any lottery.

377. Lottery offices.

378. Advertising lottery offices.

379. Insuring lottery tickets, &c.

380. Advertising offers to insure lottery tickets.

381. Property offered for disposal in lotteries, forfeited.

382. Letting building for lottery purposes.

383. Lotteries out of this state.

384. Advertisements by persons out of the state.

defined.

S 370. A lottery is any scheme for the disposal or "Lottery" distribution of property by chance among persons who have paid or promised or agreed to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share of, or interest in such property, upon any agreement, understanding or expectation that it is to be distributed or disposed of by lot or chance; whether called a lottery, a raffle, or a gift enterprise, or by whatever name the same may be known.

See 1 Rev. Stat., 665, § 22; Governor of Alms House v. American Art Union, 7 N. Y., 228; Bouvier's Law Dict., tit. Lottery; Mass. Gen. Stat., 823, § 1. In the popular use of the above mentioned terms a lottery is a distribution by chance of several prizes among purchasers of separate chances: a raffle is a disposal by chance of a single prize among purchasers of separate chances; and a gift enterprise is a disposal of property in mass to a body of shareholders, upon an understanding or expectation that they will decide it among themselves by chance.

Lottery declared a

But as all schemes of this description are involved in a common condemnation and punishment, the retaining of these distinctions in the statute book will serve no important purpose in defining the offense, while it will embarrass prosecutions by suggesting questions as to the requisite averments in the indictment. The Commissioners have, therefore, defined the word "lottery" broadly enough to cover all these homogeneous devices, in order that that word may be intelligibly used as including all. As to unlawfulness of "gift enterprises," see Wooden v. Shotwell, 4 Zabr., 789; Bell v. State, 5 Sneed, 507.

S371. Every lottery is unlawful and a common

public nui- and public nuisance.

sance.

Setting up lotteries.

See 1 Rev. Stat., 665, § 26; Const. of 1846, art. 1, § 10. This provision of the Constitution, viz.: "Nor shall any lottery hereafter be authorized, or any sale of lottery tickets allowed within this state;" has rendered obsolete many of the distinctions of our former laws relative to lotteries, and has enabled the Commissioners to present provisions much more brief and simple than those of the Revised Statutes and subsequent enactments, while they are also in reality more stringent.

It may here be remarked that, in view of the modification of the law, since the enactment of the Revised Statutes, by which all lotteries are made unlawful, the Commissioners have regarded lottery tickets as no longer the subject of property which the law will be sedulous to protect; and they have omitted those provisions of the Revised Statutes which made forgery and larceny of such tickets punishable. The reasons upon which the forgery of foreign bank notes of a particular denomination has been held criminal notwithstanding the circulation of bills of such denomination has been made unlawful, are not considered fully applicable to the case of lottery tickets.

S372. Every person who contrives, prepares, sets up, proposes or draws any lottery, is punishable by a fine equal to double the amount of the whole sum or value for which such lottery was made; and if such amount cannot be ascertained, then by imprisonment in a state prison not exceeding two years, or by imprisonment in a county jail not exceeding one year, or by a fine of two thousand five hundred dollars, or by both such fine and imprisonment.

See 1 Rev. Stat., 665, § 27.

any

lottery tickets.

S373. Every person who sells, gives, or in any Selling manner whatever furnishes or transfers to or for other person, any ticket, chance, share or interest, or any paper, certificate or instrument, purporting or represented or understood to be, or to represent any ticket, chance, share or interest in or depending upon the event of any lottery, is guilty of a misdemeanor. 1 Rev. Stat., 666, § 29.

lottery

S374. Every person who buys, or in any manner Buying whatever accepts or receives for himself or another, tickets. any ticket, chance, share or interest, or any paper, certificate, or instrument, purporting or represented or understood to be, or to represent any ticket, chance, share or interest in or depending upon the event of any lottery, forfeits ten dollars, to be recovered by the persons charged with the support of the poor in the locality where the offense was committed.

lotteries.

S375. Every person who, by writing or printing, Advertising by circulars or letters, or in any other way, advertises or publishes any account of any lottery, stating when or where the same is to be or has been drawn, or what are the prizes or any of them therein, or the price of a ticket or of any share or interest, or where it may be obtained, or in any way aiding or assisting the same, or adapted to induce persons to adventure therein, is guilty of a misdemeanor.

Founded upon 1 Rev. Stat., 665, § 28; the punishment being modified to correspond with other provisions of the Code.

property

for disposal dependent upon the any lottery.

drawing of

S376. Every person who offers for sale, distribu- Offering tion or disposition in any way, any real or personal property, or things in action, or any interest therein, to be determined by lot or chance that shall be dependent upon the drawing of any lottery, within or out of this state; and every person who sells, furnishes or procures, or causes to be sold, furnished or procured in any manner whatsoever, any chance or share, or any interest whatever, in any property

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