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 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 eighty-seven, entitled An act prescribing the period in each year duriny which and the terms under which racing mag 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." [ÅM'D CH. 428 OF 1889.] 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. Pe 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 cars 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, Ib., 26. Playing once is. Cameron v. State, 15 Ala., 383; Swallow v. State, 20 Ib., 30; Buck v. State, McCook, 61; West v. Com. 3 J. J. Marsh, 641. On credit, Com. . Burns, 4 Ib., 177. What is letting? Roinbson v. State, 24 Texas, 152. Betting. Quarles v. State, 4 Humph., 561; Parson 2. 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. [OPERATION OF SUSPENDED, SEE. CH. 479 OF 1887.] 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; Peo. v. Kelly, 3 N. Y. Cr., 272. §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. [OPERATION OF SUSPENDED, CH. 479 OF 1887.] 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. § 354. Refusing to exhibit stolen goods to owner.-A pawnbroker, or person carrying on the business of a pawnbroker, or a junk dealer, who having received any goods which have been embezzled or stolen, refuses or omits to exhibit them, upon demand, during the usual business hours, to the owner of said goods or his agent authorized to demand an inspection thereof, is guilty of a misdemeanor. § 355. Selling before time to redeem has expired, etc.-A pawnbroker who sells any article received by him in pledge, before the time to redeem the same has expired, or who willfully refuses to disclose the name of the purchaser, and the price received by him for any article received by him in pledge, and subsequently sold, is guilty of a misdemeanor. See § 572, post. TITLE XI. Of Other Offences. SEC. 356. Practice of medicine, etc., without license. 358. Willfully poisoning food, etc. 360. Unauthorized pressure of steam. 361. Generation of unsafe amount of steam. 362. Mismanagement of steam boilers. 363. Fictitious copartnership names. 364. Offenses against trade marks. 365. "Article of merchandise" defined. 367. "Affixing" defined. 368. Trade marks deemed "counterfeited." 369. Refilling or selling stamped mineral water bottles, etc. 370. Keeping such bottles with intent to refill or sell them. 371. Search for bottles kept in violation of law, authorized. 372. Defacing marks upon wrecked property." 373. Defacing marks upon logs or lumber. 374. Officer unlawfully detaining wrecked property. 376. Solemnizing unlawful marriages. 377. Unlawful confinement of idiots, insane persons, etc. |