or article of value, check or token, redeemable in or exchangeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of such dice is dependent upon hazard or chance, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Legislation § 330a. Added by Stats. 1911, p. 951.

§ 331. Permitting gambling in houses owned or rented. Every person who knowingly permits any of the games mentioned in the preceding section to be played, conducted, or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in the preceding section.

Permitting minors to gamble: See post, § 336.

Permitting of gambling by owner or lessor: See post, § 336. Legislation § 331. Enacted February 14, 1872; based on Stats. 1860, p. 69, § 4.

§ 332. Winning at play by fraudulent means. Every person who by the game of "three-card monte," so-called, or any other game, device, sleight-of-hand, pretensions to fortune-telling, trick, or other means whatever, by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently obtains from another person money or property of any description, shall be punished as in case of larceny of property of like value. [Amendment approved 1880; Code Amdts. 1880, p. 40.]

Legislation § 332. 1. Enacted February 14, 1872 (based on Field's Draft, § 388, N. Y. Pen. Code, § 339), and then read: "Every person who, by any fraud, cheat, or device, or false pretense whatsoever, while playing at any game of chance, or while bearing any share in wagers played for, or while betting on sides or hands of such play, wins or acquires to himself or another any sum of money or valuable thing, is guilty of a misdemeanor."

2. Amended by Code Amdts. 1877-78, p. 115, to read: "Every person who, by fraud, device, cheat, trick, or any false pretense whatsoever, while playing or pretending to play at any game of chance, or while bearing any share in a wager or wagers played for, or while betting on sides or hands of such play or pretended play; or who, by means of bunko, string game, three-card monte, thimblerig, top-and-bottom, or other pretended game of chance, or cheating game, or device, or acquires to himself or another, any sum of money or valuable thing, is guilty of a felony, and on conviction shall be punished accordingly."

3. Amended by Code Amdts. 1880, p. 40.

§ 333. Witnesses neglecting or refusing to attend trial. Every person duly summoned as a witness for the prosecu

tion, on any proceedings had under, this chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor.

Legislation § 333. Enacted February 14, 1872; based on Stats. 1860, p. 69, § 5.

§ 334. Witness's privilege. No person, otherwise competent as a witness, is disqualified from testifying as such concerning the offense of gaming, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against him for any offense concerning which he testified.

Legislation § 334. Enacted February 14, 1872 (Field's Draft, § 391, N. Y. Pen. Code, § 342); based on Stats. 1860, p. 69, § 2.

§ 335. Duties of district attorneys, sheriffs, and others. Every district attorney, sheriff, constable, or police-officer must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this chapter, and every such officer refusing or neglecting so to do, is guilty of a misdemeanor.

Legislation § 335. Enacted February 14, 1872; based on Stats. 1863, p. 723, § 1.

§ 336. Permitting minor to play in saloon. Every owner, lessee, or keeper of any house used in whole, or in part, as a saloon or drinking-place, who knowingly permits any person under twenty-one years of age to play at any game of chance therein, is guilty of a misdemeanor.

Permitting of gambling by lessor: See ante, § 331.

Legislation § 336. Added by Code Amdts. 1873–74, p. 461.

§ 337. To issue a license to carry on forbidden games, a felony. Every state, county, city, city and county, town, or township officer, or other person who shall ask for, receive, or collect any money, or other valuable consideration, either for his own or the public use, for and with the understanding that he will aid, exempt, or otherwise assist any person from arrest or conviction for a violation of section three hundred and thirty of the Penal Code; or who shall issue, deliver, or cause to be given or delivered to any person or persons, any license, permit, or other privilege, giving, or pretending to give, any authority or right to any person or persons to carry on, conduct, open, or cause to be opened, any game or games which are forbidden or prohibited by section three hundred and thirty of said code; and any of such officer or officers who shall vote for the passage of any ordinance or by-law, giving, granting, or pretending

to give or grant to any person or persons any authority or privilege to open, carry on, conduct, or cause to be opened. carried on, or conducted, any game or games prohibited by said section three hundred and thirty of the Penal Code, is guilty of a felony.

Legislation § 337. Added by Stats. 1885, p. 113.

§ 337a. Pool-selling, book-making, bets and wagers. Every person,

1. Who engages in pool-selling or book-making, with or without writing, at any time or place; or

2. Who, whether for gain, hire, reward, or gratuitously, or otherwise, keeps or occupies, for any period of time whatsoever, any room, shed, tenement, tent, booth, building, float, vessel, place, stand or inclosure, of any kind, or any part thereof, with a book or books, paper or papers, apparatus, device or paraphernalia, for the purpose of recording or registering any bet or bets, or any purported bet or bets, or wager or wagers, or any purported wager or wagers, or of selling pools, or purported pools, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever;

or

3. Who, whether for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or forwards, or purports or pretends to receive, hold, or forward, in any manner whatsoever, any money, thing or consideration of value, or the equivalent or memorandum thereof, staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or

4. Who, whether for gain, hire, reward, or gratuitously, or otherwise, at any time or place, records, or registers any bet or bets, wager or wagers, upon the result, or purported result. of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or

5. Who, being the owner, lessee or occupant of any room, shed, tenement, tent, booth, building, float, vessel, place, stand, inclosure or grounds, or any part thereof, whether for gain, hire, reward, or gratuitously, or otherwise, permits the same to be used or occupied for any purpose, or in any manner prohibited by subdivisions 1, 2, 3 or 4 of this section; or 6 Who lays, makes, offers or accepts any bet or bets, or wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus.

Is punishable by imprisonment in the county jail or state prison for a period of not less than thirty days and not exceeding one year.

This section shall apply not only to persons who may commit any of the acts designated in subdivisions 1 to 6 inclusive of this section, as a business or occupation, but shall also apply to every person or persons who may do in a single instance any one of the acts specified in said subdivisions 1 to 6 inclusive. [Amendment approved 1911; Stats. 1911, p. 4.]

Legislation § 337a. 1. Added by Stats. 1909, p. 21, and then read: "Every person, who engages in pool-selling or book-making at any time or place; or who keeps or occupies any room, shed, tenement, tent, booth, or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon any public or private grounds within this state, with books, papers, apparatus or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, or 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 between men or beasts, or upon the result of any lot, chance, casualty, unknown or contingent event whatsoever; or who receives, registers, records or forwards, or purports or pretends to receive, register, record or forward, in any manner whatsoever, any money, thing or consideration of value, bet or wagered, or offered for the purpose of being bet or wagered, by or for any other person, or sells pools, upon any such result; or who, being the owner, lessee, or occupant of any room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or of any grounds within this state, 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 gain, hire or reward of any money, property or thing of value, staked, wagered or pledged, or to be wagered or pledged upon any such result; or who aids, assists or abets in any manner in any of the said acts, which are hereby forbidden, is punishable by imprisonment in a county jail or state prison for a period of not less than thirty days and not exceeding one year."

2. Amended by Stats. 1911, p. 4.

CHAPTER XI.

Pawnbrokers.

$338. Pawnbroking without license.

$339. Pawnbrokers, register to be kept.

§ 340. Pawnbrokers, what interest may charge.

$341. Selling before time of redemption has expired, or without notice.

$342. Refusing to disclose particulars of sale.

§ 343. Inspection of register by officer.

§ 344. Junk dealers, application of code sections to.

Code commissioners' note to Chapter XI. ". . . Based upon the provisions of the act of April 17, 1861, relating to pawnbrokers. (Stats. 1861, p. 184.)"

§ 338. Pawnbroking without license. Every person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above the rate of ten per cent per annum, except by authority of a license, is guilty of a misdemeanor.

Pledge from minor under sixteen: See post, § 501.

Pledge: See Civ. Code, §§ 2986-3011.

Carrying on business without license: See post, §§ 379, 435. Legislation § 338. Enacted February 14, 1872 (Field's Draft, § 401, N. Y. Pen. Code, § 353); based on Stats. 1861, p. 184.

§ 339. Pawnbrokers, register to be kept. Every person who carries on the business of a pawnbroker, or who purchases gold bars, gold-quartz or gold bullion or mineral containing gold, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or estimated value of the property purchased, or the name and residence of the pledgor or seller, or to deliver to the pledgor or seller a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor. [Amendment approved 1909; Stats. 1909, p. 367.]

This section applies to junk dealers: See post, § 344.

Legislation § 339. 1. Enacted February 14, 1872 (based on Stats. 1861, p. 184, § 1), and then read: “Every person who carries on the business of a pawnbroker, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or the name and residence of the pledgor, or to deliver to the pledgor a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor."

2. Amended by Stats. 1909, p. 367; the act amending this section and § 343, post, contained a section reading, "Sec. 3. Providing