§ 331. Advertising offers to insure lottery tickets. A person who, by writing or printing, or by circular or letter, or in any other way, advertises or publishes an offer, notice, or proposition, in violation of the last section, is guilty of a misdemeanor. Id. § 61. § 332. Property offered for disposal in lotteries forfeited. All property offered for sale, or distribution, in violation of the provisions of this chapter, is forfeited to the people of this state, as well before as after the determination of the chance on which the same was dependent. And it is the duty of the respective district attorneys, to demand, sue for and recover, in behalf of the people, all property so forfeited, and to cause the same to be sold when recovered, and to pay the proceeds of the sale of such property, and any moneys that may be collected in any such suit, into the county treasury, for the benefit of the poor. 2 R. S. 923, § 56. § 333. Letting building for lottery purposes. A person who lets, or permits to be used any building or portion of a building, knowing that it is intended to be used for any of the purposes declared punishable by this chapter, is guilty of a misdemeanor. § 334. Lotteries out of this state. The provisions of this chapter are applicable to lotteries drawn or to be drawn out of this state, whether authorized or not by the laws of the state where they are drawn or to be drawn, in the same manner as to lotteries drawn or to be drawn within this state. § 335. Advertisements by persons out of the state, The provisions of sections 327 and 331 are applicable. whenever the advertisement was published, or the letter or circular sent or delivered through or in this state, though the person causing or procuring the same to be published, sent or delivered, was out of the state at the time of so doing. § 335 A. [added 1887.] Gift sales of food. No person shall sell, exchange or dispose of any article of food or offer or attempt to do so upon any representation, advertisement, notice or inducement that anything other than what is specifically stated to be the subject of the sale or exchange, is or is to be delivered or received or in any way connected with or a part of the transaction as a gift, prize, premium or reward to the purchaser. § 2. Any person violating any of the provisions of the foregoing section shall be deemed guilty of a misdemeanor and, in addition thereto, shall be liable to a penalty of twenty-five dollars, to be recovered with costs, by any person suing therefor in his own name. Declared unconstitutional. People v. Gillson, 109 N. Y. 89. CHAPTER IX. GAMING. Section 336. Keeping gambling apparatus. 337. Punishment. 337a. Keeping slot machines. 337b. Seizure of slot machines and arrest thereon. .337c. Slot machines to be destroyed by magistrates in certain cases. 337d. Slot machines to be destroyed by the trial court in certain cases. 338. Apparatus a nuisance. 399. Winning at play by fraud. 340. Payment of money. 341. Winning or losing $25 or more. 342. Witness' privilege. 343. Keeping gambling establishments. 344. Common gambler, etc. 344a. Keeping of places for game of policy. 344b. Possession of policy slips. 344c. Removal of tenants using premises for game of policy. 345. Seizure of implements. 346, 347. Implements to be destroyed, etc. 348. Persuading to visit. 349. Officers to prosecute. 350. Duty of shipmasters. 351. 352. Bets on horse races, etc. Racing of animals for stake. § 336. Keeping gambling apparatus in certain places. It is unlawful to keep or use any table, cards, dice, or any other article or apparatus whatever, commonly used or intended to be used in playing any game of cards or faro, or other game of chance, upon which money is used wagered, at any of the following places: 1. Within a building, or the appurtenances or grounds connected with any building, in which a court of justice usually holds its sessions; or a building, any part of which is usually occupied by a religious corporation, or an incorporated benevolent, charitable, scientific or missionary society, or an incorporated academy, high school, college or other institution of learning, a library company, or building and mutual loan company; 2. Within any building, or the appurtenances or grounds connected with any building, while votes are received or canvassed therein at any election for an officer of this state, or of the United States; or while any public meeting is held therein; 3. Within the distance of one mile from the grounds upon which any training, review, drill or exercise of a military organization, created or permitted by the laws of this state, is proceeding, or upon which any public fair, exhibition, exercise or meeting is held in the open air; or 4. Within any vessel lying in, or navigating, any of the waters of this state; or owned, or navigated by, or for account of, any corporation created by the laws of this state. 2 R. S. 917, § 22. § 337. Punishment. A person who knowingly violates the last section is guilty of a misdemeanor. § 337a. [added 1899.] Keeping slot machines. Any person who has in his possession, or under his control, or who permits to be placed, maintained or kept in any room, space, inclosure or building, owned, leased or occupied by him, or under his management or control, any machine, apparatus or device, into which may be, or might have been, inserted any piece of money or other object, and from which, as a result of such insertion, or as a result of such insertion and the application of physical or mechanical force, may issue, or might have issued, any piece or pieces of money, or any check or memoranda calling for any money, and which machine, apparatus or device is commonly known as a slot machine, is guilty of a misdemeanor. § 337b. [added 1899.] Seizures of slot machines and arrests thereon. It shall be the duty of every officer authorized to make arrests to seize every machine, apparatus or device answering to the description contained in the last section and to arrest the person actually or apparently in possession or control thereof or of the premises in which the same may be found, if any such person be present at the time of the seizure, and to bring the machine, apparatus or device, and the prisoner, if there be one, before a committing magistrate. § 337c. [added 1899.] Slot machines to be destroyed by magistrates in certain cases. The magistrate before whom any machine, apparatus or device is brought pursuant to the last section must, if there be a prisoner, and if he shall hold such prisoner, cause the machine, apparatus or device to be delivered to the district attorney of the county to be used as evidence on the trial of the said prisoner. If there be no prisoner or if the magistrate does not hold the prisoner, he must cause the immediate destruction of the machine, apparatus or device. § 337d. [added 1899.] Slot machines to be destroyed by the trial court in certain cases. It shall be the duty of the district attorney of the county to see that every person held in pursuance of the last section shall be brought to trial within thirty days from the date of his final examination before the magistrate; and the machine, apparatus or device shall be produced in court on the trial. It shall be the duty of the trial court, after the disposition of the case, and whether the defendant be convicted, acquitted or fails to appear for trial, to cause the immediate destruction of the machine, apparatus or device. § 338. Gambling apparatus declared a nuisance. An article or apparatus maintained or kept in violation of section 336, is a public nuisance. § 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. § 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. § 342. Witness' 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. § 343. [am'd 1895.] Keeping gaming and betting establishments. Any corporation or association or the officers thereof, or any copartnership or individual, who keeps 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. § 344. Common gambler, etc. A person who is the owner, agent, or superintendent of a place, or of any device, or apparatus, 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 endorses 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. of 66 § 344a. [added, 1901.] Keeping of place for game of policy. A person who keeps, occupies or uses, or permits to be kept, occupied or used, a place, building, room, table, establishment or apparatus for policy playing or for the sale of what are commonly called "lottery policies," or who delivers or receives money or other valuable consideration in playing policy, or in aiding in the playing thereof, or for what is commonly called a lottery policy," or for any writing, paper or document in the nature of a bet, wager or insurance upon the drawing or drawn numbers any public or private lottery; or who shall have in his possession, knowingly, any writing, paper or document, representing or being a record of any chance, share or interest in numbers sold, drawn or to be drawn, or in what is commonly called "policy," or in the nature of a bet, wager or insurance, upon the drawing or drawn numbers of any public or private lottery; or any paper, print, writing, numbers, device, policy slip, or article of any kind such as is commonly used in carrying on, promoting or playing the game commonly called " policy; or who is the owner, agent, superintendent, janitor or caretaker of any place, building or room where policy playing or the sale of what are commonly called "lottery policies " is carried on with his knowledge or after notification that the premises are so used, permits such use to be continued, or who aids, assists, or abets in any manner, in any of the offenses, acts or matters herein named, is a common gambler, and punishable by imprisonment for not more than two years, and in the discretion of the court, by a fine not exceeding one thousand dollars or both. § 344b. [added 1901.] Possession of policy slips. The possession, by any person other than a public officer, of any writing, paper, or document representing or being a record of any chance, |