TITLE 8. Money paid recovered 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. $ 25. Any person who shall have paid any money, or for chances, valuable thing, for a chance or interest in any such raffle or distribution, as is prohibited by the preceding sections, may sue for and recover the same of the person to whom such payment or delivery was made. back. Lotterics unlawful, &c. Penalty for setting up, drawing, &c., unauthorised lotteries. Penalty for printing, S26. Every lottery, game, or device of chance, in the nature of a lottery, by whatever name it may be called, other than such as have been authorised by law, shall be deemed unlawful, and a common and public nuisance. Laws of 1819, 258, § 1. S 27. No person, unauthorised by special laws for that purpose, shall, within this state, open, set on foot, carry on, promote, or draw, publicly or privately, any lottery, game, or device of chance of any nature or kind whatsoever, or by whatever name it may be called, for the purpose of exposing, setting to sale, or disposing of any houses, lands, tenements, or real estate, or any money, goods, or things in action. Whoever offends against this provision, shall be deemed guilty of a misdemeanor; and on conviction, shall be subject to a fine equal to the amount of the whole sum or value for which such lottery, game or device, was made; and if such amount cannot be ascertained, then to a fine of two thousand five hundred dollars, or to imprisonment not exceeding two years, or to both, in the discretion of the court. Laws of 1819, 259, § 2 & 3; 7 N. Y., 241; 3 D., 89, 91; 23 W., 418; 5 J. R., 327; 4 B., 314. $ 28. No person shall, by printing, writing, or in any other publishing, way, publish an account of any such illegal lottery, game or & notices device, stating when or where the same is to be drawn, or the of illegal lotteries. [666] Penalty for prizes therein, or any of them, or the price of a ticket or share therein, or where any ticket may be obtained therein, or in any way aiding or assisting in the same. Whoever offends against this provision, shall be deemed guilty of a misdemeanor; and on conviction, be subject to a fine not exceeding one hundred and fifty dollars, or to imprisonment not exceeding three calendar months. 1 N. Y., 184; 3 D., 213. $29. No person within this state, shall vend, sell or barter, selling, pre- furnish, supply, procure, or cause to be furnished or procured, tickets, &c., or offer to vend, sell, barter, furnish, supply, procure, or cause curing, &c., in illegal lotteries. to be furnished or procured, to or for any person or persons, any ticket, or part or share of a ticket, or any paper or instrument purporting to be a ticket or part of a ticket, or to be a share or interest in any ticket, or any certificate of any share or interest in any ticket, or in any paper purporting to be a ticket, of any such lottery, device or game of chance, not 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 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- ring for position, in any way, any real estate, or any money, goods, dependent 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. Property so sale, forfeit covered and offered for ed; how re S31. All property so offered for sale, distribution or disposition, against the provisions of law, shall be forfeited to the people of this state, as well before as after the determination 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 $32. Any person who shall purchase any share, interest, Purchasers ticket, certificate of any share or interest, or part of a ticket, &c., to ro 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 illegal lot S 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 feited. teries, 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 lot tery 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. S38. 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 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 Vibited. 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 $ 40. 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. S41. 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. $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. be record Licenses to sons with certain per out bond, &c. [669] Certain other vend S43. Before the granting of such license to any other person gms 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 8 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. And bonds to be executed by them. conditions. $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 where filed. Fee for li cense. Prosecution of bonds. $45. Such bond, on being duly executed, shall be delivered to the person or persons to whom application for such license 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. $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 |