the owner or agent, knowingly lets or permits the same to be so useɑ, is guilty of a misdemeanor. This section shall not be extended so as to prohibit or in any manner affect any insurance made in good faith for the security or indemnity of the party insured and which is not otherwise prohibited by law, nor to any contract on bottomry or respondentia. (Amended by L. 1910, ch. 487, in effect Sept. 1, 1910.)

Derivation: Penal Code, § 343, amended; L. 1889, ch. 428, § 1; L. 1895, ch. 571, § 1.

People v. Todd (1889), 51 Hun, 446, 4 N. Y. Supp. 25, 6 N. Y. Cr. 220; People v. Wade (1899), 13 N. Y. Cr. 425, 59 N. Y. Supp. 846; Dexter v. Press Pub. Co. (1901), 36 Misc. 388, 73 N. Y. Supp. 706; People v. Levoy (1902), 72 App. Div. 55, 57, 76 N. Y. Supp. 783; People v. Stedeker (1903), 175 N. Y. 62, rev'g 75 App. Div. 449, 78 N. Y. Supp. 316; People ex rel. Collins v. McLaughlin (1908), 128 App. Div. 605.

§ 974. Keeping of place for game of policy.

A person who keeps, occupies or uses, or permits to be kept, occupied or used, a place, building, room, table, establishment or apparatus for policy playing or for the sale of what are commonly called "lottery policies," or who delivers or receives money or other valuable consideration in playing policy, or in aiding in the playing thereof, or for what is commonly called a "lottery policy," or for any writing, 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 who shall have in his possession, knowingly, any writing, paper or document, representing or being a record of any chance, share or interest in numbers sold, drawn or to be drawn, or in what is commonly called "policy," or in the nature of a bet, wager or insurance, upon the drawing or drawn numbers of any public or private lottery; or any paper, print, writing, numbers, device, policy slip, or article of any kind such as is commonly used in carrying on, promoting or playing the game commonly called "policy;" or who is the owner, agent, superintendent, janitor or caretaker of any place, building, or room where policy playing or the sale of what are commonly called "lottery policies" is carried on with his knowledge or after notification that the premises are so used, permits such use to be continued, or who aids, assists, or abets in any manner, in any of the offenses, acts or matters herein named, is a common gambler, and punishable by imprisonment for not more than two years, and in the discretion of the court, by a fine not exceeding one thousand dollars or both.

Derivation: Penal Code, § 344a, added L. 1901, ch. 190, § 1.

People ex rel. Wilson v. Flynn (1902), 72 App. Div. 67, 76 N. Y. Supp. 293, 16 N. Y. Cr. 491, aff'g 37 Misc. 87, 74 N. Y. Supp. 731, 16 N. Y. Cr. 280; People v. Adams (1903), 176 N. Y. 351, aff'g 85 App. Div. 390, 83 N. Y. Supp. 481; People ex rel. Adams v. Johnson (1904), 44 Misc. 550, 90 N. Y. Supp. 134; Matter of Baker (1904), 94 App. Div. 279, 87 N. Y. Supp. 1022; People ex rel. Schneider v. Hayes (1905), 108 App. Div. 7, 95 N. Y. Supp. 471, 19 N. Y. Cr. 511; see also Boyd v. United States, 116 U. S. 616; State v. Sheridan (Iowa), 96 N. W. 730.

§ 975. Possession of policy slips.

The possession, by any person other than a public officer, of any writing, paper, or document representing or being a record of any chance, share or interest in numbers sold, drawn or to be drawn, or in what is commonly called "policy," or in the nature of a bet, wager or insurance upon the drawing or drawn numbers of any public or private lottery, or any paper, print, writing, numbers or device, policy slip, or article of any kind, such as is commonly used in carrying on, promoting or playing the game commonly called "policy," is presumptive evidence of possession thereof knowingly and in violation of the provisions of section nine hundred and seventy-four.

Derivation: Penal Code, § 344b, added L. 1901, ch. 190, § 1.

People v. Cannon (1893), 139 N. Y. 32, 36 Am. St. Rep. 668, aff'g 63 Hun, 306, 18 N. Y. Supp. 25; People ex rel. Wilson v. Flynn (1902), 72 App. Div. 67, 69, 76 N. Y. Supp. 293, 16 N. Y. Cr. 493, 37 Misc. 87, 74 N. Y. Supp. 731, 16 N. Y. Cr. 280; People v. Adams (1903), 176 N. Y. 351, aff'g 85 App. Div. 390, 83 N. Y. Supp. 481.

§ 976. Removal of tenants using premises for game of policy. Any person having information of any place, building or room where policy playing or the sale of what are commonly called "lottery policies" is carried on, may serve personally upon the owner, landlord, agent, superintendent, janitor or caretaker of the premises, so used or occupied, a written notice, requiring the owner, landlord, agent, superintendent, janitor or caretaker, to make an application for the removal of the person so using or occupying the same. If the owner, landlord, agent, superintendent, janitor or caretaker, does not make such an application within five days thereafter, or, having made it, does not in good faith diligently prosecute it, the person giving the notice may make such an application, stating in his petition, the facts so entitling him to make it. Such an application has the same effect, as if the

applicant was the landlord or lessor of the premises. The omission, or neglect of the owner, landlord, agent, superintendent, janitor or caretaker, to make such an application, or, having made it, the omission or neglect to in good faith diligently prosecute it, shall be presumptive evidence against the person on whom such notice shall be served of a violation of the provisions of section nine hundred and seventy-four. And in case the person giving said notice shall make an application as hereinbefore provided, and a final order shall be made as specified in section twenty-two hundred and forty-nine of the code of civil procedure, such order shall be evidence of a violation of the provisions of section nine hundred and seventy-four by the occupant of said premises and by the person on whom the notice herein provided for shall have been served. For the purpose of such applications, summary proceedings to recover possession of the premises so used or occupied may be maintained under the provisions of chapter seventeen, title two, of the code of civil procedure.

Derivation: Penal Code, § 344c, added L. 1901, ch. 190, § 1.

§ 977. Seizure of gambling implements authorized.

A person, who is required or authorized to arrest any person for a violation of the provisions of this article, is also authorized and required to seize any table, cards, dice or other apparatus or article, suitable for gambling purposes, found in the possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person arrested is required to be taken.

Derivation: Penal Code, § 345.

Willis v. Warren, 17 How. Pr. 100, 1 Hilt. 590.

8978. Gambling implements to be destroyed or delivered to district attorney.

The magistrate, to whom any thing suitable for gambling purposes is delivered pursuant to the last section, must, upon the examination of the defendant, or if such examination is delayed or prevented, without awaiting such examination, determine the character of the thing so delivered to him, and whether it was actually employed by the defendant in violation of the provisions of this article; and if he finds that it is of a character suitable for gambling purposes, and that it has been used by the defendant in

violation of this article, he must cause it to be destroyed, or to be delivered to the district attorney of the county in which the de fendant is liable to indictment or trial, as the interests of justice may, in his opinion, require.

Derivation: Penal Code, § 346.

Lawton v. Steele (1890), 119 N. Y. 226, af'g 5 N. Y. Supp. 953; see also Willis v. Warren, 17 How. Pr. 100, 1 Hilt. 590; Lowry v. Rainwater, 70 Mo. 152, 35 Am. Rep. 420, 21 Alb. L. J. 73; State v. Robbins, 124 Ind. 308, 8 L. R. A. 438.

§ 979. Gambling implements to be destroyed upon convic

tion.

Upon the conviction of the defendant, the district attorney must cause to be destroyed every thing suitable for gambling purposes, in respect whereof the defendant, stands convicted, and which remains in the possession or under the control of the district attorney. Derivation: Penal Code, § 347.

Willis v. Warren, 17 How. Pr. 100, 1 Hilt. 590.

§ 980. Persuading person to visit gambling places.

A person, who persuades another to visit any building or part of a building, or any vessel or float, occupied or used for the purpose of gambling, in consequence whereof such other person gambles therein, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, is liable to such other person in an amount equal to any money or property there lost by him at play, to be recovered in a civil action.

Derivation: Penal Code, § 348.

People v. Todd (1889), 6 N. Y. Cr. 222, 4 N. Y. Supp. 25.

§ 981. Duty of masters to suppress gambling on board their vessels.

If the commander, owner or hirer of any vessel or float, knowingly permits any gambling for money or property on board such vessel or float, or if he does not, upon his knowledge of the fact, immediately prevent the same, he is punishable by a fine not exceedingly five hundred dollars; and in addition thereto is liable to any party losing money or property by means of gambling in 207

violation of this section, in a sum equal to the money or property, to be recovered in a civil action.

Derivation: Penal Code, § 350.

People v. Todd (1889), 6 N. Y. Cr. 222, 4 N. Y. Supp. 25.

§ 982. Keeping slot machines.

Any person who has in his possession, or under his control, or who permits to be placed, maintained or kept in any room, space, inclosure or building, owned, leased or occupied by him, or under his management or control, any machine, apparatus or device, into which may be, or might have been, inserted any piece of money or other object, and from which, as a result of such insertion, or as a result of such insertion and the application of physicial or mechanical force, may issue, or might have issued, any piece or pieces of money, or any check or memoranda calling for any money, and which machine, apparatus or device is commonly known as a slot machine, is guilty of a misdemeanor.

Derivation: Penal Code, § 337a, added L. 1899, ch. 655, § 1.

§ 983. Seizures of slot machines and arrest of person in pos

session.

It shall be the duty of every officer authorized to make arrests to seize every machine, apparatus or device answering to the description contained in the last section and to arrest the person actually or apparently in possession or control thereof or of the premises in which the same may be found, if any such person be present at the time of the seizure, and to bring the machine, apparatus or device, and the prisoner, if there be one, before a committing magistrate.

Derivation: Penal Code, § 337b, added L. 1899, ch. 655.

984. Destruction of slot machines by magistrates.

The magistrate before whom any machine, apparatus or device is brought pursuant to the last section must, if there be a prisoner, and if he shall hold such prisoner, cause the machine, apparatus or device to be delivered to the district attorney of the county to be used as evidence on the trial of the said prisoner. If there