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L. 1909, cha 40

Corporations for Breeding Horses

88 289, 290

of the state of New York, and any state, county or other fair association shall be entitled to the privileges conferred by section two hundred and eighty-two of this article upon filing in the office wherein its certificates of incorporation are filed, a certificate which shall set forth its intention to avail itself of such privileges; and any such trotting association, or state, county or other fair association shall not be required to obtain any license or file any other certificate. State, county and other fair associations entitled to conduct trotting races under the provisions of this article may also conduct running races in connection therewith, under the same provisions, and the provisions of this article requiring a race track to be of specified dimensions shall not apply to such association; but no running races shall be conducted for more than five days on any track or grounds, unless the license of the state racing commission therefor is first obtained.

This section was derived from L. 1895, ch. 570, § 8, as amended by L. 1896, ch. 380, § 2.

Gambling.— That a statute authorizing racing for purses or prizes is gambling within the intent and spirit of the constitutional provisions relating thereto must, to say the least, be regarded as doubtful. People v. Van De Carr, (1896) 150 N. Y. 439, 44 N. E. 1040, affirming 7 App. Div. 608 mem., 39 N. Y. S. 581. See also Harris v. White, (1880) 81 N. Y. 532.

$ 289. Notices to be posted upon grounds. Every corporation to be organized under this article or which shall be entitled to exercise any of the powers conferred by section two hundred and eighty-two shall cause to be properly posted in conspicuous positions upon the grounds whereon such races are held, printed notices or placards in large and legible type, which notices or placards shall be to the effect that all disorderly conduct, poolselling, book-making or any other kind of gambling is prohibited, and such notices or placards shall contain a copy of section nine hundred and eighty-six of the penal law.

This section was derived from L. 1895, ch. 570, § 9.

§ 290. Special policemen. For the purpose of preserving order and preventing offenses against the laws prohibiting gambling, the trustees or directors of any corporation created under the provisions of this article are hereby authorized to appoint from time to time five or more special policemen, and the same to remove at pleasure, who, when appointed, shall be police officers with the

$$ 291-295

Corporations for Breeding Horses

L. 1909, ch. 40

same powers within and about such grounds as are vested in constables of the town where such grounds are located, whose duty, when appointed, shall be to preserve order within and around the grounds and race-tracks of said corporation, to protect the property within said grounds, to eject or arrest all persons who shall be improperly within the grounds of such corporation or who shall be guilty of disorderly conduct, or who shall neglect or refuse to pay the fees or to observe the rules prescribed by said corporation; and it shall be the further duty of said policemen, when appointed, to prevent all violations of law with reference to pool-selling, book-making and other gambling, and to arrest any and all persons violating such provisions, and to convey such person or persons so arrested, with a statement of the cause of such arrest, before a magistrate having jurisdiction of such offense, to be dealt with according to law. The appointment of policemen in pursuance of this section shall not be deemed to supersede in any wise on the grounds and race-track of such corporation the authority of peace officers of the jurisdiction within which such grounds and race-track are located.

This section was derived from L. 1895, ch. 570, 8 10.

§ 291. Personal liability of trustees or directors for violations. (Repealed.)

This section was repealed by L. 1910, ch. 486.
Bets and wagers and racing animals for stake: see PENAL LAW, $$ 906, 987.

Scope of exemption.- Prior to the repeal of this section it was held that the exemption created thereby in favor of trustees or directors “ does not obtain if such poolselling, bookmaking or other gambling shall be knowingly permitted by the trustees or directors." Grannan v. Westchester Racing Ass'n, (1897) 16 App. Div. 8, 44 N. Y. S. 790, reversed on other grounds (1897) 153 N. Y. 449, 47 N. E. 896.

292. Annual tax on gross receipts. (Repealed.)

This section was repealed by L. 1910, ch. 489.

§ 293. Annual report to comptroller. (Repealed.)

This section was repealed by L. 1910, ch. 482.

§ 294. Comptroller may examine books. (Repealed.)

This section was repealed by L. 1910, ch. 489.

$ 295. Tax receipts. (Repealed.)

This section was repealed by L. 1910, ch. 489.

L. 1909, cha 40

Corporations for Breeding Horses

$$ 296–298

§ 296. Penalty for unlawful racing and betting.

All racing or trials of speed between horses or other animals for any bet, stake or reward, except such as is allowed by this article or by special laws, is a public nuisance; and every person acting or aiding therein, or making or being interested in such bet, stake or reward is guilty of a misdemeanor and upon conviction is punishable by imprisonment in the county jail or penitentiary for a period of not more than one year; 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.

This section was derived from L. 1895, ch. 570, 8 16.
Horse-racing near court-house: see PENAL LAW, § 1080.

Horse-racing on Sunday and disturbance of religious meeting: see PENAL LAW, $8 2145, 2072.

Running horses on highway: see PENAL LAW, § 194.
Overdriving and injuring horses: see PENAL LAW, § 185.

Power to punish violations of prohibition against gambling.— The legislature has the power to make stringent laws to prevent violations of the constitutional provisions with respect to gambling. The penalty to be imposed for violations is within the discretion of the legislature and it may

prescribe the extent to which they will go in punishing any particular act, or whether or not a particular act shall be prescribed as a crime.” People v. Fallon, (1896) 4 App. Div. 76, 39 N. Y. S. 860, affirmed (1897) 152 N. Y. 1, 46 N. E. 302, 37 L. R. A. 419.

§ 297. Increased or additional entrance fees. A corporation or association authorized by or entitled to the benefits of this article, conducting a running or trotting or steeplechase meeting, shall have the right to charge increased or additional entrance fees for admission to any special portion or portions of the grounds of such corporation or association, unless such pool-selling or book-making as is punishable by fine or imprisonment, or other acts so punishable, be thereon authorized or knowingly permitted.

This section was derived from L. 1895, ch. 570, § 17.

§ 298. Sapervisors for collection of tax. (Repealed.)

This section was repealed by L. 1910, ch. 489.

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$ 310. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.

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228. 19.

1841..

3, 6

§ 311. When to take effect.

This chapter shall take effect immediately.

SCHEDULE OF LAWS REPEALED
Laws of
Chapter

Section 1796...

All 1811.. 190..

8 R. L. 1813... 94.

13 1818.... 206..

5 1823.

All 1825.

All 169 1847.

133.

All 1848. 299..

3, 6 1848.

319.

1-5; 6, except proviso; 7-10 1849. 273.

All 1851.

All 1852.. 280..

All 1853.

All 1853.. 339...

All 1853.

All 1853.. 487..

All 1854.

50..

All 1854.... 112...

All 1854. 238.

All 1854. 269

All 425.

All 1857.

All 531.

All 1859.

All

358.

122...

395.

1855....

302...

1857...

36...

L. 1909, ch. 40

Schedule of Laws Repealed

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1861. 1861. 1862. 1862.. 1862. 1864. 1864. 1865.. 1865. 1866...

Chapter

..
238.
242....
523.
58....
94.
95.
239.
284.
302...
438.

85.
419.
368..
668.
273...
445.
457....
799.
402...

1866...

Section
All
All
All
All
All
All
All
All
All
All
All
All
All
All, except proviso in § 6
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
All
AD
All
All
All
1-4; 5, except proviso; 6–10

326.

629...
708.

51.
527..

68.. 164.

1866.... 1867... 1868... 1869. 1869.. 1869. 1870. 1870.... 1871.. 1871.. 1871... 1871.... 1871... 1871... 1872. 1872.... 1872... 1872... 1872... 1872. 1873... 1873.

378...

419..
705.
875..
104.
116....
209.
248..
609.
649
361.

397..

.

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