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ment for not more than two years, or by a fine not exceeding one thousand dollars, or both.

2 R. S., 919, § 41; Laws 1851, ch. 504, § 2; Laws 1855, ch. 214.

The keeping of gamblers' implements in a house, and permitting persons to play for small sums or for drink, is indictable. (Lyner's case, 5 C. H. Rec., 136; McDaniel v. Com., 6 Bush [Ky.], 326.)

Under what conditions a gift enterprise may come within the statute. (Bell v. State, 5 Sneed, 507.)

A billiard table deemed a gaming table. (People v. Harrison, 28 How., 247.) Cock fighting also prohibited under this section as construed in other states. (Johnson v. State, 4 Sneed, 614; Bank v. State, 7 Port., 453.)

Gambling with cards or dice. (State v. Alberton, 2 Blackf., 251; State v. Smith, 1 Meigs, 99; Bagley v. State, 1 Humph., 486.)

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§ 345. Seizure of gambling implements authorized. 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. 2 R. S., 919, §§ 42, 43; Laws 1851, ch. 504; Laws 1857, ch. 569.

A justice of the peace on arresting gamblers may also take into custody of the law the implements used in gambling, and detain them as evidence on the trial. (Willis v. Warren, 1 Hilt., 590; 17 How., 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. 2 R. S., 919, § 43; Laws 1851, ch. 504, § 3; Laws 1857, ch. 569. Such implements to be destroyed after conviction. (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.

Id., § 43; see, also, Willis v. Warren, supra.

$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.

2 R. S., 921, § 44; Laws 1851, ch. 504, § 5.

§ 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.

R. S., 921, § 45; Laws 1851, ch. 504, § 6.

§ 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.

R. S., § 46; Laws 1851, ch. 504, § 7.

§ 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 nomination, 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 pur pose 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.

Laws 1877, ch. 178, § 1.

(a) Wagers. At common law an action could be maintained on a wager. (Bunn v. Riker, 4 Johns., 128.)

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(b) Intent. It is the intent of the statute to prohibit every species of wager and bet. (Ruckman v Pitcher, 1 N. Y., 392.)

(c) Stakeholder. The stakeholder also liable. (Ruckman v Pitcher, 1 N. Y., 392; Storey v. Brennan, 15 N. Y., 524; Meech v. Stoner, 19 N. Y., 26; Mahoney v. O'Callahan, 38 N. Y. Supr., 461; Haywood v. Shelden, 13 Johns., 88; Jordan v. Kent, 44 How., 206; Arietta v. Morrisey, 1 Abb. N. C., 446.)

§ 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.

2 R. S., 925, §§ 67, 72; 1 R. L., 222, §§ 1, 6.

(a) Sweepstakes.

A bet among several persons upon the event of a race of their horses, whereby the owner of the winner should take the sweepstakes, is illegal and void as a wagering contract. (Gibbons v. Governeur, 1 Den., 170.)

(b) Race course established by law. The fact that a horse race is tc take place on an authorized race course does not make a bet upon the race legal. (Id.; Ruckman v. Bryan, Id., 340; Ruckman v. Pitcher, 1 N. Y., 392.)

(e) Bet defined.-The words "bet or stakes" in the statute which prohibits all contests of speed of animals for bets or stakes, does not include con tests of speed for prizes, purses or premiums as those terms are now commonly understood. (Harris v. White, 81 N. Y., 532.)

It is not, therefore, unlawful to trot or race horses for purses, prizes or premiums at any place where by statute it is authorized, or to contract to drive a horse at a trotting race at such a place. (Id.)

CHAPTER X.

PAWNBBOKERS.

SECTION 353. Pawnbroking without a license.

354. Refusing to exhibit stolen goods to owner.

355. Selling before time to redeem has expired and refusing to disclose particulars of sale.

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§ 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 from a municipal corporation or other authority empowered to grant licenses to pawnbrokers, is guilty of a misdemeanor.

2 R. S., 1006, SS 8-13. See ch. 339, L. 1883.

§ 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.

Id.

§ 355. Selling before time to redeem has expired, and refusing to disclose particulars of sale. 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.

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SECTION 356. Practice of medicine, etc., without license.

357. Acts of intoxicated physicians.

358. Willfully poisoning food, etc.
359. Overloading passenger vessel.

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.
366. "Trade-mark" defined.

367. "Affixing" defined.

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369. Refilling or selling stamped mineral-water bottles.

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.

375. Fraud in affairs of limited partnership.

376. Solemnizing unlawful marriages.

377. Unlawful confinement of idiots, insane persons, etc.

378. Taking usury.

379. Reconfining persons discharged upon writ.

380. Concealing persons entitled to writ of deliverance.

381. Innkeepers and carriers refusing to receive guests and passengers.

382. Frauds on hotel keepers.

383. Protecting civil and public rights.

384. Acrobatic exhibitions.

§ 356. Practice of medicine, etc., without license. — A person who practices, or attempts to practice, medicine or surgery in this state, unless authorized so to do by a license or diploma from some chartered school, state board of medical examiners or medical society, or who practices under cover of a license or diploma illegally or fraudulently obtained, is guilty of

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