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PART I. Minory and

$ 2. Where the parents or guardian of a minor under sixapprentice. teen years of age, or the master of an apprentice or servant

have been designated by the overseers of the poor as habitual drunkards, no tavern-keeper, grocer or other person licensed to sell any strong or spirituous liquors, or wines, shall sell any such liquors or wines to any such minor or apprentice or servant, without the consent of the overseers of the poor of the city or town where such minor or apprentice or servant shall reside, and whoever shall offend against the provisions of this section, shall forfeit the penalty prescribed by section seventeen, of title nine, of chapter twenty of the first part of the

Revised Statutes, to be recovered by such overseers of the poor. Daty of S 3. Whenever the overseers of the poor of any city or town the poor.

shall discover any person to be an habitual drunkard, they shall by writing under their hands, designate and describe such drunkard, and perform all the services and duties nentioned and specified in section first of title four of chapter twenty of the first part of the Revised Statutes.

7 Pai., 312; 3 Pai., 199; 2 Pai., 422. See Laws of 1857, ch. 628, $ 20.

overseers of

CHAP. 504.
AN ACT more effectually to suppress gambling.

PASSED July 10, 1851.
The People of the State of New York, represented in Senate

and Assembly, do enact as follows: Penalty for

S 1. If any person shall keep a room, building, arbor, booth keeping a shed, tenement, boat or float, to be used or occupied for gambling. gambling, or shall knowingly permit the same to be used on

occupied for gambling; or if the owner, superintendent or agent of any room, building, arbor, booth, shed, tenement, boat or float, shall rent the same to be used or occupied for gambling, he shall, on conviction thereof, be fined in any sum

not less than fifty nor more than five hundred dollars. Penalty for

S 2. If any person, for gambling purposes, shall keep or keeping exhibit any gambling table, establishment, device or appagambling devices. ratus, or if any person or persons shall be guilty of dealing

“faro" or banking for others to deal “faro," or acting as “ look-out” or game-keeper for the game of “faro" or any

other banking game, where inoney or property is dependent on For selling the result, or if any person shall sell or vend what are comlottery

monly known as, or are called lottery policies, or any writing, card, 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 if any person shall endorse a book or any other document for the purpose of enabling others to sell or vend lottery policies, he shall be taken and held as a common gainbler, and upon conviction thereof, shall be sentenced to not less than ten days hard labor in the penitentiary, or



not more than two years hard labor in the state prison, and be fined in any sum not more than one thousand dollars, to be paid into the county treasury where such conviction shall take place, for the use of the common schools therein, to be divided among the school districts in that county, in the same manner as the school money of the state is divided among said districts, and in default thereof shall remain imprisoned until such fine be remitted or paid.

So amended by Laws of 1855, ch. 214. S 3. If an affidavit shall be filed with the magistrate or Duty of police justice of any town or city, before whom complaint upon cumshall have been made of an offence against any provision of pladet this act, stating that the affiant has reason to believe, and does believe, that the person so charged in such complaint has upon his person or at any other place named in such affidavit any specified articles of personal property, or any gambling table, device or apparatus, or any lottery policies, public or private, the discovery of which might lead to establish the truth of such charge, the said magistrate or justice may in his discretion by warrant, command the officer, who is authorized, to arrest the person so charged, to make diligent search for such property and table, device or apparatus, and if found, to bring the same before such magistrate or justice; and the officers so seizing shall deliver the same to the magistrate or justice, before whom he takes the same, who shall retain possession of said property, and be responsible therefor until the discharge, or commitment, or letting to bail, of the person so charged, and in case of such commitment or letting to bail of the person so charged, such officer shall retain such property, subject to the order of the court before which such offender may be required to appear, until his discharge or conviction. And in case of the conviction of such person the gambling table, device, or apparatus shall be destroyed, and the household property and other fixtures belonging to such gambling place shall be held liable to be sold to pay any judgment and costs which may be rendered against such person; and after the payment of such judgment and costs, the surplus, if any, shall be paid into the treasury of the county where such prosecution shall take place, to be divided as provided for in the preceding section, and in case of the discharge of such person by the magistrate or court, the officer having such property in his custody, shall, on demand, deliver it to such person.

§ 4. It shall be lawful for any justice of the peace, police Warrants justice, chief magistrate of any municipal corporation, or and how judge of any court of record, upon complaint upon oath that issued. any gambling tables, apparatus, establishment or device is kept by any person for the purpose of being used to win or gain money or other property, or by any other person, or any lottery policies of any lotteries, to issue his warrant commanding any sheriff or constable, to whom the same shall be directed,


within the proper jurisdiction, after demanding entrance to break open and enter any house or place wherein such gambling table, establishment, apparatus or device, shall be kept, and to seize and deliver the same to the mayor of the city, president of the village, supervisor of the town, or clerk of the county where such seizure shall be made, who shall keep the same until the term of the court at which the case shall be tried, and the court shall then if there be no necessity of keeping the property to be produced on the trial of an offender against this act, have a jury sworn to try the fact whether the property taken was or is used for gambling, and if the finding shall be that the property was used for gambling, the court shall order such property to be broken up and sold by the sheriff of the county and the proceeds shall after the payment of costs, go into the treasury of the county, for the use of the common schools therein in the same manner as is provided in the

second section of this act. Penalty for inveigling

S 5. If any person shall, through invitation or device, perpersons to suade or prevail on any person to visit any room, building, gambling

arbor, booth, shed, tenement, boat or float, kept for the purpose of gambling, he shall, upon conviction thereof, and upon proof that the person so invited has gambled therein, be held responsible for the money or property lost by such person so invited or persuaded by reason of such invitation or device, and in addition thereto he shall be fined and imprisoned according to the provisions of the second section of this act.

S 6. It shall be the duty of all sheriffs, police ofticers, constables and prosecuting or district attorneys, to inform against and prosecute all persons whom they shall have credible reason to believe are offenders against this act, and for refusal so to do, they shall be guilty of a misdemeanor and punished by

a fine of not more than five hundred dollars. Penalty for S 7. If any commander, owner or lessee of any boat or float permiiting gambling. shall knowingly permit any gambling for money or property

on such boat or float, and shall not, upon his knowledge of the fact, immediately prevent the same, he shall upon conviction thereof be held responsible for the money or property so lost, and fined in any sum not more than five hundred dollars.


Duties of sheriffs and other offcers.

CHAP 98.
AN ACT to prevent prize fights and fights among game


PASSED April 4, 1856. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Every person who shall set on foot, or instigate, or move to, or carry on, or promote or engage in as a witness, umpire or judge, or do any act towards the furtherance of any

Fights pro hibited.


premeditated fight, or contention between persons with their tists, commonly called a prize fight, or any fight between game birds, or game cocks, or dogs, or bulls, or bears, or between dogs and rats, or dogs and badgers, or any other animals, that shall have been premeditated by any person having custody of such animals, shall be liable to arrest and prosecution for so doing, and upon conviction thereof, shall Penalty. be punished by imprisonment in a penitentiary or county jail, for a terin not less than ten days nor exceeding one year, or by fine not exceeding one thousand dollars. S 2. Upon complaint under oath before any magistrate Duty of

Magistrato having power to take complaints of a criminal nature, that an offence within any of the specifications of section first is about to be committed, and setting forth in such complaint the grounds thereof, such magistrate shall, in his discretion, be empowered to issue a warrant to any officer of the county, having power to execute a warrant, reciting therein the name of the complainant and his residence, and the substance of his complaint, and therein directing such officer to proceed and prevent the said prize fight, and the said fight among fowls or animals as mentioned in section first of this act, by arresting any person or persons whom he may find wilfully witnessing the same; such officer having such warrant, shall have authority to call to his aid the civil power of the county, and upon any arrest or arrests being made in pursuance of this section, the person or persons so arrested shall be taken before the magistrate so having issued the warrant, and in the said magistrate's discretion may be then and there compelled Bond to be to enter into a bond in the sum of one thousand dollars to the seremban people of the state of New York, conditioned that he will not arrested. for the space of one year next succeeding the date of said bond, offend against any of the provisions of this act; the said bond after being taken, to be forwarded to the district attorney of the county, and be by him retained one year, and prosecuted for breaches, in any of the courts of this state, if any shall have been committed.

CHAP 306. AN ACT fixing the period for closing all the lotteries authorized to be drawn within this state,

Passed April 30, 1833. Whereas John B. Yates and Archibald M'Intyre, assignees Preamble. of all the unsatisfied lottery grants made by this state, have executed to the people thereof an agreement, bearing date the twenty-fifth day of January last, that all lottery grants heretofore made by this state, shall cease and determine from and after the close of the present year, and releasing and acquitting the people of this state from all right, title and



claim to continue or draw any lottery within this state, after the last day of December next, providing the legislature will pass an act declaring that the lotteries authorised by this state, may be continued until the close of the present year: Therefore,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The lotteries authorised by law to be drawn within this state may be continued until the close of the present year; after the end of which period, it shall not be lawful to continue or draw any lottery within this state; but all and every lottery heretofore granted or authorized within this state, shall absolutely cease and determine.

$ 2. That the said agreement and release of the said John B. Yates and Archibald M’Intyre, shall be filed and recorded in the office of the secretary of state.

7 N. Y., 228; 1 N. Y., 180; 13 B., 577; 4 B., 314; D., 101, 212; 23

W., 418; 7 J. R., 434; 5 S. S. C., 614; 1 E. D. S., 218.


mand a

CHAP. 78.
AN ACT to amend article seventh, title eighth, chapter

twentieth, part first of the Revised Statutes, entitled “Of
the disturbance of religious meetings."

Passes April 8, 1834. The People of the State of New York, represented in Senate

and Assembly, do enact as follows: Persons § 1. From and after the passage of this act, it shall and may of may debe lawful for any person who may be complained of for a jury.

violation of any of the provisions of the article hereby amended, before the court shall proceed to investigate the merits of the cause, to demand of such court that he may be tried by a jury. Upon such demand, it shall be the duty of such court to issue a venire, to any constable of the county, or marshal of the city, where the offence is to be tried, commanding such officer to summon the same number of jurors, and in the same manner, as is provided for the summoning of jurors before courts of special sessions. The said court shall proceed to empannel a jury for the trial of said cause, in the same manner, and shall be subject to all the rules and regulations prescribed in the act providing for trials by jury in courts of special sessions.

17 W.,



§ 2. In addition to the costs allowed by law for prosecution under the article hereby amended, all the costs consequent upon a trial by jury shall be added and paid by the party offending, in case of conviction, and shall be the same as is allowed by law in civil cases.

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