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TITLES.

Penalty for performing puppet

performed.

ARTICLE FIRST.

OF JUGGLERS, AND THE EXHIBITION OF SHOWS, ETC.

SEC. 1. Puppet-shows, etc., not to be performed or allowed; penalty.

2. Same penalty for exhibiting paintings, animals, etc., without license. SECTION 1. No person shall exhibit or perform for gain or profit, any puppet-show, any wire or rope-dance, or any other idle shows, shows, &c., acts or feats which common showmen, mountebanks or jugglers or allowing them to be usually practice or perform; and no owner or occupant of any house, out-house, yard, field, shed or other place, shall furnish or allow the same to be used for the accommodation of such exhibition or performance. Whoever shall offend against either of these provisions, shall forfeit twenty-five dollars for each offence, to be recovered by and in the name of the overseers of the poor of the town where the offence shall be committed.

13 Barb., Wend., 384;

628; 12

56 N. Y., 424.

Id. for exhibiting animals,

&c., with out license.

[L. 1819, 240, §§ 1 and 2.]

§ 2. The penalties in the preceding section shall also apply to and paintings, be recovered of any person who shall exhibit for gain or profit any painting, any animal or other natural or artificial curiosity, or any other thing not prohibited in the foregoing section, in any town, without having first obtained permission in writing for that purpose, signed by two justices of the peace of the town, in which license the nature of such exhibition shall be described, and for the granting of which no fee or reward shall be taken.

[The same.]

L. 1880, Chap. 393-An act for the regulation of international exhibitions held under the supervision and auspices of the government of the United States, within the state of New York, and preventing seizure of articles and goods deposited on exhibition thereat,

Preventing seizure of articles and goods deposited. SECTION 1. No process of attachment, execution, sequestration, replevin, distress or any kind of seizure shall be served or levied upon articles, goods, wares, merchandise or property of any description while the same is en route to or from, or while on exhibition or deposited by exhibitors at any international exhibition held under the auspices or supervision of the United States, within any city or county of this state, nor shall such property be subject to attachment, seizure, levy or sale, for any cause whatever, in the hands of the authorities of such exhibition or otherwise.

[660]

Discharge

ARTICLE SECOND.

OF DISORDERLY PRACTICES ON PUBLIC OCCASIONS AND HOLIDAYS, AND IN TAVERNS, VES-
SELS AND CANAL BOATS.

SEC. 3. Penalty for discharging fire-arms, etc., on certain days, without military
order.

4. [Repealed.]

5. Public officers to destroy such tables.

6. Gaming, etc., in taverns and certain vessels and packets, prohibited.

7. Penalties on tavern-keepers, etc., and how collected.

§ 3. No person shall fire or discharge any gun, pistol, rocket, arms, etc., squib, cracker, or other fire-work, within a quarter of a mile of any

of fire

ART. 3.

days, pro

building, on the twenty-fifth day of December, on the last day of December, on the first day of January, or on the twenty-second day on certain of February, in any year; nor on the fourth day of July, or such hibited. other day as shall at the time be celebrated as the anniversary of American independence, without the order of some officer of the militia, while in the course of military exercises; every person offending against these provisions, shall forfeit the sum of five dol lars, to be recovered by any person who will prosecute in the name of the overseers of the poor, with their consent and under their direction, for the use of the poor.

[1 R. L., 49.]

[Section 4 repealed by L. 1886, ch. 593.]

[661]

stroyed.

§ 5. It shall be the duty of all sheriffs and of all other executive, To be dejudicial or ministerial officers concerned in the administration of justice, to break, burn or otherwise destroy, every such table, box and machine, so exposed or possessed contrary to the provisions of the last foregoing section.

[The same.]

etc., in tav

vessels,

R., 84.

§ 6. There shall not be allowed or suffered any cock-fighting, Gaming, playing with cards or dice, or any kind of gaming by lot or chance, erns and within any house kept as a public inn or tavern, or in any grocery, prohibited. or other place where spirituous liquors shall be licensed to be sold, 13 Johns. nor shall there be any playing with cards or dice for gain or money, or any kind of gaming by lot or chance, on board any vessel used for the transportation of passengers, or on board any packet or other boat employed in the conveyance of passengers on any canal; nor shall any billiard table or other gaming table, be kept on board such vessel or boat, or within such house or place, or in any outhouse, yard, or garden belonging to such house or place.

[R. L., 178, § 8; L. 1816, 243, § 2.]

Penalties.

lected.

§ 7. The master of any vessel or boat, and the keeper of any How colinn, tavern, grocery or other place where spirituous liquors are licensed to be sold, who shall offend against either of the provisions of the last section, shall forfeit ten dollars for each offence, to be recovered by and in the name of the overseers of the poor of the town where any such offence shall be committed by the keeper of an inn, tavern, grocery or other place before mentioned, and by and in the name of the overseers of the poor of any town where the offence shall be committed by any master of a vessel or boat.

ARTICLE THIRD.

OF BETTING AND GAMING.

SEC. 8. All wagers unlawful; all contracts on account of wagers, void.

9. Money and property wagered, may be recovered of stakeholder or winner.

10. Two last sections not to extend to certain insurances and contracts. 11-13. [Repealed.]

14. Persons losing at any sitting $25, may recover it back.

15. If not sued for by losers, may be recovered by overseers of the poor.

16. Securities for money lost at gaming, etc., void.

17. If such securities affect real estate, to enure to heir of grantor, etc. 18, 19. [Repealed.]

[662]

TITLE 8. SEC. 20. Answer not to be testimony against such persons.

All wagers
unlawful,
&c.

19 N. Y., 27;
1 N. Y., 395;

22 Barb., 666; 4

33; 6 Barb.,

Barb, 529;
C., 439; 1
N. Y., 89; 4

Property

staked may
be re-
covered.
2 Robt.,

424; 1 Abb.,

N. S., 445;

1 N.Y. 392;

20 N. Y., 12; 15 N. Y., 527; 22

21. When and how witnesses may be discharged from penalties of this title.
§ 8. All wagers, bets or stakes, made to depend upon any race, or
upon any gaming by lot or chance, or upon any lot, chance, casualty,
or unknown or contingent event whatever, shall be unlawful. All
contracts for or on account of any money or property, or thing in
action so wagered, bet or staked, shall be void.

5 Denio, 365; 3 Denio, 105, 342; 1 Denio, 172; 8 Cow., 141; 5 Wend., 250; 2 Sandf. S.
How. Pr. R., 85; 2 E. D. Smith, 291; 18 Abb., 135; 14 Abb., 279, 405; 56 N. Y., 234; 49
Robt., 424; 19 Abb., 875; 1 Abb. Pr. R., N. S., 445; 5 Robt., 97; 40 Hun, 61.

[1 R. L., 223, § 5.]

§ 9. Any person who shall pay, deliver or deposit any money, property or thing in action, upon the event of any wager or bet herein prohibited, may sue for and recover the same of the winner or person to whom the same shall be paid or delivered, and of the stakeholder or other person in whose hands shall be deposited any such wager, bet or stake, or any part thereof, whether the same shall have been paid over by such stakeholder or not, and whether any such wager be lost or not.

Barb., 82;
13 Barb.,
556; 9 id.,
315;4 Barb., 529; 3 Denio, 103, 107; 1 Denio, 558; 7 Cow., 496; 10 Johns. R., 468; 15 Abb., 186; 46
Barb., 21; 28 How. Pr. R., 102; 4 Robt., 424; 19 J. & S., 88.

Two last sections qualified.

22 Barb.,

; 23 Barb., 151; 3 Denio, 105.

Losers of certain

sums may them back.

recover

§ 10. The two last sections shall not be extended so as to prohibit or in any way affect any insurances made in good faith for the security or indemnity of the party insured, and which are not otherwise prohibited by law: nor to any contract on bottomry or respondentia.

[Sections 11 to 13 repealed by L. 1886, ch. 593.]

§ 14. Every person who shall, by playing at any game, or by betting on the sides or hands of such as do play, lose at any time or sitting, the sum or value of twenty-five dollars or upwards, and shall pay or deliver the same or any part thereof, may, within three calendar months after such payment or delivery, sue for and recover the Johns. R., money or value of the things so lost and paid or delivered, from the

19 N. Y., 27;
13 Johns.
R., 88; 4
[663]

193; 29

How. Pr.

R., 93; 15

When to be collected

of poor.

winner thereof.

Abb., 186; 5 Robt., 91-97; 1 Abb. Pr.R.,N. S., 446; 16 J. & S., 113; 108 N. Y., 75.
[1 R. L., 153, § 2.]

§ 15. In case the person losing such sum or value shall not, within by overseer the time aforesaid, in good faith and without collusion, sue for the sum or value so by him lost and paid or delivered, and prosecute such suit to effect without unreasonable delay, the overseers of the poor of the town where the offence was committed, may sue for and recover the sum or value so lost and paid, together with treble the said sum or value, from the winner thereof, for the benefit of the poor.

Securities

lost at gam

&c.
19 Barb.,
127; 3

[The same.]

§ 16. All things in action, judgments, mortgages, conveyances, for money and every other security whatsoever, given or executed, by any pering void, son, where the whole or any part of the consideration of the same shall be for any money or other valuable thing won by playing at Denio, 342. any game whatsoever, or won by betting on the hands or sides of 108 N. 39; such as do play at any game, or where the same shall be made for the repaying any money knowingly lent or advanced for the purpose of such gaming or betting aforesaid, or lent or advanced at the time. and place of such play, to any person so gaming or betting afore

76.

Y.,

said, or to any person who, during such play, shall play or bet, shall ART. 4. be utterly void, except where such securities, conveyances or mortgages shall affect any real estate, when the same shall be void as to the grantee therein, so far only as hereinafter declared.

[1 R. L., 153, § 1.]

securities

for benefit

of grantor.

17. When any securities, mortgages or other conveyances, exe- Such cuted for the whole or part of any consideration specified in the upon real preceding section, shall affect any real estate, they shall enure for estate to be the sole benefit of such person as would be entitled to the said real of heir,&c., estate, if the grantor or person incumbering the same, had died, immediately upon the execution of such instrument, and shall be deemed to be taken and held to and for the use of the person who would be so entitled. All grants, covenants and conveyances, for preventing such real estate from coming to, or devolving upon, the person hereby intended to enjoy the same as aforesaid, or in any way, incumbering or charging the same, so as to prevent such person from enjoying the same fully and entirely, shall be deemed fraudulent and void.

[The same.]

[Sections 18 and 19 repealed by L. 1886, ch. 593.]

[664]

§ 20. The answer to such bill shall not be used as testimony, in Answers any case, against the person making such discovery.

[The same.]

not testimony in certain cases.

nesses may

§ 21. Any person offending against any of the provisions con- When wittained in this article, who shall be admitted and examined as a be diswitness, in any court of record, to sustain any suit or prosecution charged herein authorized, may, by rule of the court, be discharged from all penalties. penalties by reason of such offence, if such person hath not before been convicted thereof, or of a similar offence, and if it appear to the court satisfactorily, that such person was duped or enticed into the commission of the offence, by those against whom he shall. testify.

[1 R. L., 153, § 7.]

SEC. 22 & 23. [Repealed.]

ARTICLE FOURTH.

OF RAFFLING AND LOTTERIES.

24. Contracts made and securities given on account of raffling, void. 25. Money paid for any interest in a raffle, may be recovered back. 26-31. [Repealed.]

32. Purchasers of tickets, etc., in illegal lotteries, may recover double the sum paid.

33. Prizes drawn in illegal lotteries, forfeited; how collected and applied. 34-37. [Repealed.]

38. Transfers of property pursuant to an illegal lottery, etc., void.

39. Prohibition against selling lottery tickets, without license.

40. By whom licenses to be granted in certain cities and counties.

41. Contents of licenses; to be recorded; effect thereof.

42. Licenses to be granted to certain persons, without requiring bond, etc.

43. All other venders to pay certain sums for licenses.

44. And to execute bonds; their penalty and condition.

45. Bonds, where filed; fee for license.

46. Bon ds, when and by whom prosecuted; recoveries, to whom to be paid.

47. Monies received from licenses, etc., in New York, how applied.

48. Application of monies received in other cities, and in Lansingburgh.

TITLE 8. SEC. 49. When venders to forfeit licenses, and precluded from ever receiving them. 50. Certain persons authorized to divide lottery tickets into shares.

[665] Contracts, &c., on account of raming void.

Money

paid for chances,

51. Penalty for selling, etc., any shares, other than those allowed by last section.

52. Certain evidence not necessary in prosecutions under this article.

53. Forgery of lottery tickets, etc., how punished.

54. Grand juries to be charged to enquire into violation of this article.

[Sections 22 and 23 repealed by L. 1886, ch. 593.]

§ 24. All contracts, agreements and securities given, made or executed, for or on account of any raffle, or distribution of money, goods or things in action, for the payment of any money or other valuable thing, in consideration of a chance in such raffle or distribution, or for the delivery of any money, goods or things in action, so raffled for, or agreed to be distributed as aforesaid, shall be utterly void.

[The same.]

§ 25. Any person who shall have paid any money, or valuable thing, for a chance or interest in any such raffle or distribution, as is etc., may prohibited by the preceding sections, may sue for and recover the same of the person to whom such payment or delivery was made. [The same.]

be re

covered

back.

[666, 667]

Purchasers

etc., to recover dou

ble the sum paid.

[Sections 26 to 31 repealed by L. 1886, ch. 593.]

§ 32. Any person who shall purchase any share, interest, ticket, of tickets, certificate of any share or interest or part of a ticket, or any paper or instrument purporting to be a ticket or share or interest in any ticket, or purporting to be a certificate of any share or interest in any N. S., 256; ticket, or in any portion of any illegal lottery, may sue for and recover double the sum of money, and double the value of any N. Y., 384. goods or things in action, which he may have paid or delivered in consideration of such purchase, with double costs of suit.

14 Abb. Pr.

74 N. Y.,

63; 73 N.

Y., 473; 96

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[2 R. L., 189, § 4.]

§ 33. Any prize that shall be drawn in any lottery forbidden by law, shall be forfeited to the use of the poor; and it shall be the duty of the overseers of the poor of the town where the person or persons drawing such prize, or any of them, shall reside, to sue for the same, in their names; and they shall recover the same, in an action for money had and received, founded upon this statute. [The same.]

[Sections 34 to 37 repealed by L. 1886, ch. 593.]

§ 38. Every grant, bargain, sale, conveyance, or transfer of any real estate, or of any goods, chattels, things in action, or any personal property, which shall hereafter be made in pursuance of any lottery not authorized by the laws of this state, or for the purpose of aiding and assisting in such lottery, game or other device, to be determined by lot or chance, are hereby declared void and of no effect.

[L. 1819, 259, § 4.]

§ 39. No person within this state shall directly or indirectly sell, vend, barter, furnish, procure for the purpose of sale, or cause to be sold, vended, bartered, furnished or procured, any ticket or share or interest in any ticket, of any lottery or other device or game of chance, unless thereto duly licensed in the manner hereinafter prescribed; and any person offending in the premises, shall be deemed guilty of a misdemeanor, and shall be subject to a fine not exceed

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