expressly authorised by law; nor shall any person be aiding, abetting, or assisting in the commission of either of the said offences. Whoever shall offend against either of these provisions, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a fine not exceeding five hundred dollars, or to imprisonment not exceeding one year, or to both, in the discretion of the court. ART. 4 offering for property, of any lot Laws of 1827, 329, §§ 6 & 12; 1 N. Y., 180; 4 B., 314; 3 D., 101. $30. No person, unauthorised by special law for that pur- Penalty for pose now existing, shall offer for sale, distribution, or dis- gale any position, in any way, any real estate, or any money, goods, pendent articles, or things in action, or any interest therein, to be on drawing determined by lot or chance, that shall be dependant upon tery." the drawing of any authorised or unauthorised lottery within or out of this state; nor shall any person sell, furnish or procure, or cause to be sold, furnished or procured, in any manner whatsoever, any chance, share or portion, or any interest of any kind whatsoever, in any property so illegally offered for sale, distribution or disposition as aforesaid, or any ticket or other evidence of any chance or interest in such property, to be determined by any drawing as aforesaid, or any instrument purporting to be such ticket or evidence. Whoever offends against either of these provisions, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a fine not exceeding five hundred dollars, or to imprisonment not exceeding one year. 7 N. Y., 241. offered for ed; how re S31. All property so offered for sale, distribution or dispo- Property so sition, against the provisions of law, shall be forfeited to the sale, forfeit people of this state, as well before as after the determination covered and of the chance on which the same was dependent; and it shall applied. be the duty of the respective district attornies, to demand, sue for and recover, in behalf of this state, all property so forfeited, and to maintain the proper actions for the same after demand made, and to pay the proceeds of the sale of such property, and any monies that may be collected in any such suit, into the county treasury, for the benefit of the poor. 7 N. Y., 241; 5 S. S. C., 635. [667] cover dou S32. Any person who shall purchase any share, interest, Purchasers ticket, certificate of any share or interest, or part of a ticket, &c., to re or any paper or instrument purporting to be a ticket or share ble the sum or interest in any ticket, or purporting to be a certificate of paid. any share or interest in any 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 goods or things in action, which he may have paid or delivered in consideration of such purchase, with double costs of suit. 2 R. L., 189, § 4. Prizes in S33. Any prize that shall be drawn in any lottery forbidden illegal lot by law, shall be forfeited to the use of the poor; and it shall feited, for TITLE 8. Registering offices prohibited. Selling chances, in 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. S34. No person shall open, set up, exercise, or keep by himself, or by any other person or persons, any office or other place for registering the numbers of any ticket in any lottery not authorised by the laws of this state; nor shall any person, by printing, writing or otherwise, publish the setting up, opening, or using of any such office or other place. Laws of 1819, 260, § 6. $35. No person shall sell the chance or chances of any suring, &c. ticket in any lottery not authorised by the laws of this state; nor shall any person insure for or against the drawing of any such lottery. Selling lottery tickets $ 36. No person shall insure, or receive any consideration for insuring, for or against the drawing of any ticket or tickets in any lottery whatever, whether authorised by law or not; nor shall any person receive any money, or goods or thing in action, in consideration of any agreement to repay any sum or sums, or to deliver the same or any other goods or thing in action, if any ticket or tickets in any lottery whatever shall prove fortunate or unfortunate, or shall be drawn or not drawn on any particular day, or in any particular order, or otherwise howsoever; nor shall any person promise or agree to pay any sum of money, or to deliver any goods or thing in action, or to do or forbear to do any thing for the benefit of any other person or persons, with or without consideration, upon any event or contingency dependent on the drawing of any ticket or tickets, or the number or numbers of any tickets, in any lottery whatever; nor shall any person publish any notice or proposal, for any of the purposes aforesaid. Laws of 1819, 260, § 7. $37. Whoever shall offend against any of the provisions contained in the three preceding sections, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a fine not exceeding one thousand dollars, or to imprisonment not exceeding one year. $38. Eyery 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 authorised 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. Laws of 1819, 259, § 4. $ 39. No person within this state shall directly or indirectly without li- sell, vend, barter, furnish, procure for the purpose of sale, or cause to be sold, vended, bartered, furnished or procured, any cense pro hibited. ticket or share or interest in any ticket, of any lottery or This and the remaining sections of this Title, except when otherwise noted, ART. 4. by whom to S40. Licenses may be granted to any person applying for Licences, the same to carry on the business of vending lottery tickets, be granted. for the term of one year from the date thereof, in the cities of New-York, Albany, Hudson, Troy and Schenectady, by the mayors of the said cities respectively, and in the several counties in this state, except the city and county of NewYork, by the judges of the county courts thereof respectively, or the majority of them; but no licenses shall be granted for the cities of Albany, Hudson, Troy and Schenectady, by any other persons than the mayors of the said cities respectively. be record $ 41. The said licenses shall be entered of record by the Licenses to clerks of the counties wherein the same are granted; and such ed. record, or a transcript thereof, duly certified by the clerk of the county, under his official seal, shall be evidence in all courts and places whatsoever. Such licenses shall specify the Contents. house, store or office where the business of vending tickets shall be carried on, and shall not authorise the selling, barter- Effect. ing or furnishing of any tickets of any lottery in any other place than that so designated, except some other place shall be substituted by the officers having authority to grant such license. S 42. A license shall be granted by the said mayors and judges respectively, whenever applied for, to the managers or persons who have purchased the lotteries heretofore authorised by this state, and to the duly authorised agent or agents of the institutions or corporations for whose benefit the said lotteries were granted, who shall be appointed such agent for the purpose of managing any such lottery, and also to any persons who shall be employed by the said managers or purchasers aforesaid, or by the agents aforesaid, to vend tickets for them and in their behalf, upon such persons producing and filing with the said mayors of cities respectively, or with the clerk of the county in which application shall be made, a certificate subscribed by the said managers or purchasers, or by the agents so appointed, specifying that such applicant has been employed by them to vend tickets in their behalf. Licenses to sons with certain per out bond, &c. [669] Certain other vend $ 43. Before the granting of such license to any other person sums to be than the said managers, purchasers, agents or persons employ- paid by all ed by them, it shall be the duty of the person desiring a license ers. to vend such tickets in the city of New-York, to pay to the mayor of that city the sum of two hundred and fifty dollars; TITLE & And bonds to be executed by them. conditions. and for a license to vend such tickets in the city of Albany, to pay to the mayor of that city the sum of one hundred and twenty-five dollars; and for a license to vend such tickets in the city of Hudson, to pay to the mayor of that city the sum of seventy-five dollars; and for a license to vend such tickets in the city of Troy, to pay to the mayor of that city the sum of one hundred dollars; and for a license in the city of Schenectady, to pay to the mayor of that city the sum of fifty dollars; and to the treasurers of the counties where applications shall be made to the judges of the county courts, such sums as the said judges, or a majority of them, shall require, not less than twenty dollars, nor more than one hundred dollars and no licenses shall be granted by the judges of the county courts, until the receipt of the county treasurer for the said sum so required to be paid, shall be produced and filed with the clerk of the county. $44. No license shall be granted to any other persons than those before excepted, until the person applying for the same shall enter into a bond to the people of this state, with two sufficient sureties, to be approved by the said mayors respectively, in their several cities, or by the judges of the county courts in their several counties, or a majority of such judges, Penalty and which approbation shall be endorsed on the said bond; and which bond, when executed in the city of New-York, shall be in the penal sum of five thousand dollars, and in any other city or county, in the penal sum of two thousand dollars, with a condition therein that the person receiving such license shall not, during the continuance thereof, directly or indirectly, sell, vend, barter, furnish, supply, procure, or cause to be procured, furnished or supplied, within this state, to any person, any ticket or share, or interest in any ticket, of any lottery, or of any other game or device of chance, other than such as have been authorised by the legislature of this state, or any ticket or share, or interest in any ticket of any private lottery, device or game of chance, dependent upon the drawing of any lottery; and that the person receiving such license, will, during the continuance thereof, conform himself, in all things, to the laws of this state relative to lotteries and the sale of tickets. ¡670] Bonds S 45. Such bond, on being duly executed, shall be delivered where filed. to the person or persons to whom application for such license Fee for li- shall be made, before any such license shall be granted, and shall be by them filed in the office of the clerks of their respective counties, and for granting such license, such mayor or judges shall be entitled to receive the sum of fifty cents. cense. Prosecu tion of bonds. $ 46. It shall be the duty of the several district attornies of this state, whenever any condition of any such bond has been violated, to prosecute such bond by action of debt, and to assign the breaches of such condition: and on any breach of such condition being found by verdict or confessed, it shall be the duty of the court wherein such suit is prosecuted, to ART. 4. over of re of monies New York. of monies received in other cities. render judgment for the penalty of such bond, with the costs of suit, and to cause execution thereon to be duly had. The Payment amount collected on such judgment, upon any bond executed coverios. in the city of New-York, over and above the costs, shall be paid to the mayor of the said city, and upon any bonds executed in any other county, to the county treasurer thereof. $47. The monies received by the mayor of the city of Application New-York, either upon the granting of licenses, or from received in recoveries upon bonds as aforesaid, shall be paid over from time to time as they shall be received, the one half thereof to the managers of the institution for the education of the deaf and dumb, and the other half to the common council of the said city, for the use of the public schools therein. S48. The monies received as aforesaid by the mayors of Application other cities of this state, shall be by them paid over as received, to the treasurers of their respective counties; and the monies so received by the said treasurers, as well as the monies received by them on granting licenses, and from recoveries on bonds, shall be preserved as a fund for the support of the poor of the counties respectively in which the same shall be received, subject to the disposition of the board of supervisors of each county, excepting that the monies so received and collected in the city of Hudson, shall be paid over for the benefit of the Hudson Lancaster school; and the monies so Troy. collected and received from granting licenses to venders in the first four wards of the city of Troy, shall be paid over to the trustees of the first school district in that city, to be by them applied to the support of a high school on the monitorial plan, and to be accounted for as other school monies that shall come into their hands; and the monies so collected from the Lansing venders of lottery tickets in the village of Lansingburgh, shall be paid over by the treasurer of the county of Rensselaer to the trustees of the Lansingburgh monitorial school, to be applied to the use of the said school. Laws of 1828, 100, 172. Hudson. burgh. when for [671] S49. If any licensed vender of lottery tickets shall be con- Licences, victed of any of the offences specified in this Article, his feited, &c. license shall, by such conviction become forfeited, and be held absolutely null and void; and such person shall forever thereafter be debarred from receiving any license to vend lottery tickets in this state; but no such forfeiture of any license shall prevent the prosecution of the bond given by such vender to obtain such license, nor shall such conviction and forfeiture bar any suit or recovery upon any such bond. tery tickets $ 50. The agents of the institutions or corporations for Certain lotwhose benefit lotteries have been granted by any law of this may be t state, duly appointed by them, to conduct such lotteries, and Billies, the persons who have purchased such lotteries from said institutions or corporations, may divide any tickets in any such lotteries into shares, and may issue certificates of such shares, which shall be subscribed by the agents of the said institu |