be no prisoner or if the magistrate does not hold the prisoner, he must cause the immediate destruction of the machine, apparatus or device. Derivation: Penal Code, § 337c, added L. 1899, ch. 655, § 1.

$985. Destruction of slot machines by the trial court.

It shall be the duty of the district attorney of the county to see that every person held in pursuance of the last section shall be brought to trial within thirty days from the date of his final examination before the magistrate; and the machine, apparatus or device shall be produced in court on the trial. It shall be the duty of the trial court, after the disposition of the case, and whether the defendant be convicted, acquitted or fails to appear for trial, to cause the immediate destruction of the machine, apparatus or device.

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

§ 985-a. Disposition of contents of destroyed slot machine. The officer destroying a slot machine pursuant to the provisions of sections nine hundred and eighty-four and nine hundred and eightyfive of this chapter shall pay over any moneys found therein to the police pension fund of the city in which such destruction occurs, or, if there be no such fund or such destruction occurs in any town outside of a city, such money shall be paid into the poor fund of such town or city. If such machine have contents of value other than money, the same shall be sold by the officer destroying the machine and the proceeds disposed of as above provided for the disposition of money contents. (Added by L. 1917, ch. 188, in effect Sept. 1, 1917.)

§ 986. Pool-selling, book-making, bets and wagers. Any person who engages in pool-selling, or book-making, with, or without writing at any time or place; or any person who keeps or occupies any room, shed, tenement, tent, booth, or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon any public or private grounds, within this state, with books, papers, apparatus or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, and any person who records or registers bets or wagers, or sells pools or makes book, with, or without writing upon the result of any trial or contest of skill, speed or power of endurance, of man or beast, or upon the result of any political nomination, appointment or election; or upon the result of any lot, chance, casualty, unknown or contingent event whatsoever; or any person who receives, registers, records or forwards, or purports or pretends to receive, register, record or forward, in any manner whatsoever, any money, thing or consideration of value, bet or wagered, or offered for the purpose of being bet or wagered, by or for any other person, or sells pools, upon any such result; or any person who, being the owner, lessee or occupant of any room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or of any grounds within this state, knowingly permits the same to be used or occupied for any of these purposes, or therein keeps, exhibits or employs any device or

apparatus for the purpose of recording or registering such bets or wagers, or the selling of such pools, or becomes the custodian or depositary for gain, hire or reward, of any money, property or thing of value, staked, wagered or pledged, or to be wagered or pledged upon any such result; or any person who aids, assists or abets in any manner in any of the said acts, which are hereby forbidden, is guilty of a misdemeanor, and upon conviction is punishable by imprisonment in a penitentiary or county jail for a period of not more than one year. (Amended by L. 1910, ch. 488, in effect Sept. 1, 1910.)

Derivation: Penal Code, § 351, as amended L. 1895, ch. 572; L. 1901, ch. 636; L. 1908, ch. 507.

People v. Bauer (1885), 37 Hun, 407, 3 N. Y. Cr. 433; People v. Kelly (1885), 3 N. Y. Cr. 272, 22 Week. Dig. 64; People ex rel. Ottolengui v. Barbour (1887), 5 N. Y. Cr. 384; Brennan v. Brighton Beach Assn. (1890), 56 Hun, 188, 9 N. Y. Supp. 220; De Lacy v. Adams (1893), 3 Misc. 432, 23 N. Y. Supp. 297; Gideon v. Dwyer (1895), 87 Hun, 246, 254, 33 N. Y. Supp. 754; People v. Cleary (1895), 13 Misc. 546, 35 N. Y. Supp. 588; People ex rel. Weaver v. Van De Carr (1896), 150 N. Y. 439, aff'g 7 App. Div. 608, 39 N. Y. Supp. 581; Grannan v. Westchester, etc., Assn. (1897), 16 App. Div. 8, 44 N. Y. Supp. 790; People ex rel. Sturgis v. Fallon (1897), 152 N. Y. 1, 12 N. Y. Cr. 273; People v. Levoy (1902), 72 App. Div. 55, 16 N. Y. Cr. 496, 76 N. Y. Supp. 783; People ex rel. Clifton v. DeBragga (1902), 73 App. Div. 579, 17 N. Y. Cr. 12, 77 N. Y. Supp. 7; People ex rel. Allen v. Hagan (1902), 170 N. Y. 46, 16 N. Y. Cr. 309; People v. Stedeker (1902), 75 App. Div. 450, 78 N. Y. Supp. 316, rev'd 175 N. Y. 57; People v. Shannon (1903), 87 App. Div. 32, 17 N. Y. Cr. 532, 83 N. Y. Supp. 1061; People v. McCue (1903), 87 App. Div. 72, 83 N. Y. Supp. 1088, 17 N. Y. Cr. 534; People ex rel. Sterling v. Sheriff (1908), 60 Misc. 326; People v. Ebel (1904), 98 App. Div. 270, 90 N. Y. Supp. 628; People v. Corbalis (1904), 178 N. Y. 516, rev'g 86 App. Div. 531, 83 N. Y. Supp. 782; People v. Canepi (1905), 181 N. Y. 400, 19 N. Y. Cr. 384, rev'g 93 App. Div. 379, 87 N. Y. Supp. 773; Cranshaw v. McAdoo (1905), 47 Misc. 420, 421, 94 N. Y. Supp. 386; Matter of Cullen v. N. Y. Tel. Co. (1905), 106 App. Div. 250, 251, 94 N. Y. Supp. 290; Matter of Joerns (1906), 51 Misc. 395, 100 N. Y. Supp. 503; Stevens v. McAdoo (1906), 112 App. Div. 459, 98 N. Y. Supp. 553; Cleary v. McAdoo (1906), 113 App. Div. 179, 99 N. Y. Supp. 60; Devlin v. McAdoo (1906), 116 App. Div. 226, 101 N. Y. Supp. 646; Murray v. Interurban St. Ry. Co. (1907), 118 App. Div. 37, 102 N. Y. Supp. 1026; People ex rel. Collins v. McLaughlin (1908), 128 App. Div. 601, 60 Misc. 307; see also Corrigan v. Coney Island Jockey Club, 27 Abb. N. C. 300; Gibbons v. Gouverneur, 1 Den. 170.

987. Racing animals for stake.

All racing or trial of speed between horses or other animals for any bet, stake or reward, except such as is allowed by special laws, is a public nuisance; and every person acting or aiding therein, or making or being interested in any such bet, stake or reward is guilty of a misdemeanor; 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.

Derivation: Penal Code, § 352.

Matter of Dwyer (1894), 14 Misc. 204, 35 N. Y. Supp. 884, 87 Hun, 254; People ex rel. Lawrence v. Fallon (1897), 152 N. Y. 12, aff'g 4 App. Div. 82, 39 N. Y. Supp. 865; French v. Matteson (1901), 34 Misc. 426, 69 N. Y. Supp. $69; Moulton v. Westchester Racing Assn. (1904), 42 Misc. 487, 491, 84 N. Y. Supp. 871.

988. Cheating at gambling.

A person who, by any fraud, or false pretense whatsoever, while playing at any game, or while having a share in any wager played for, or while betting on the sides or hands of such as play, wins, or acquires to himself, or to any other, a sum of money or other valuable thing, is guilty of a misdemeanor.

Derivation: Penal Code, § 339.

People ex rel. Collins v. McLaughlin (1908), 60 Misc. 310; Gilpin v. Daly (1891), 59 Hun, 418, 13 N. Y. Supp. 390; People ex rel. Collins v. McLaughlin (1908), 128 App. Div. 605; see also Roocwood v. Oakfield, 2 N. Y. St. 335.

§ 989. Forfeiture for exacting payment of money won at gambling.

A person who exacts or receives from another, directly or indirectly, any money or other valuable thing, by reason of the same having been won by playing at cards, faro, or any other game of chance, or any bet or wager whatever upon the hands or sides of players, forfeits five times the value of the money or thing so exacted or received, to be recovered in a civil action, by the persons charged with the support of the poor in the place where the offense was committed, for the benefit of the poor.

Derivation: Penal Code, § 340.

§ 990. Penalty for winning or losing twenty-five dollars or upwards.

A person who wins or loses at play or by betting, at any time, the sum or value of twenty-five dollars or upwards, within the space of twenty-four hours, is punishable by a fine not less than five times the value or sum so lost or won, to be recovered in a civil action, by the persons charged with the support of the poor in

the place where the offense was committed, for the benefit of the poor.

Derivation: Penal Code, § 341.

Gideon v. Dwyer (dissenting opinion) (1895), 87 Hun, 255, 33 N. Y. Supp. 754; People ex rel. Collins v. McLaughlin (1908), 128 App. Div. 605; see also Arrieta v. Morrissey, 1 Abb. Pr. (N. S.) 439; Longworthy v. Bromley, 29 How. Pr. 92.

§ 991. Illegal wagers, bets and stakes.

All wagers, bets or stakes, made to depend upon any race, or upon any gaming by lot or chance, or upon any lot, chance, casualty, or unknown or contingent event whatever, shall be unlawful.

Derivation: 1 R. S. 662, § 8, in part. For remainder of section, see § 992, post.

§ 992. Contracts on account of money or property wagered

bet or staked are void.

All contracts for or on account of any money or property, or thing in action wagered, bet or staked, as provided in the preceding section, shall be void.

Derivation:

§ 991, ante.

1 R. S. 662, § 8, in part. For remainder of section, see

§ 993. Securities for money lost at gaming void.

All things in action, judgments, mortgages, conveyances, and every other security whatsoever, given or executed, by any person, where the whole or any part of the consideration of the same shall be for any money or other valuable thing won by playing at any game whatsoever, or won by betting on the hands or sides of such as do play at any game, or where the same shall be made for the repaying any money knowingly lent or advanced for the purpose of such gaming or betting aforesaid, or lent or advanced at the time and place of such play, to any person so gaming or betting aforesaid, or to any person who, during such play, shall play or bet, shall be utterly void, except where such securities, conveyances or mortgages shall affect any real estate, when the same shall be void as to the grantee therein, so far only as hereinafter declared.

When any securities, mortgages or other conveyances, executed for the whole or part of any consideration specified in the pre

ceding paragraph shall affect any real estate, they shall inure for the sole benefit of such person as would be entitled to the said real estate, if the grantor or person incumbering the same, had died, immediately upon the execution of such instrument, and shall be deemed to be taken and held to and for the use of the person who would be so entitled. All grants, covenants and conveyances, for preventing such real estate from coming to, or devolving upon, the person hereby intended to enjoy the same as aforesaid, or in any way incumbering or charging the same, so as to prevent such person from enjoying the same fully and entirely, shall be deemed fraudulent and void.

Derivation: 1 R. S. 663, §§ 16-17.

§ 994. Property staked may be recovered.

Any person who shall pay, deliver or deposit any money, property or thing in action, upon the event of any wager or bet prohibited, may sue for and recover the same of the winner or person to whom the same shall be paid or delivered, and of the stakeholder or other person in whose hands shall be deposited any such wager, bet or stake, or any part thereof, whether the same shall have been paid over by such stakeholder or not, and whether any such wager be lost or not.

§ 995. Losers of certain sums may recover them.

Every person who shall, by playing at any game, or by betting on the sides or hands of such as do play, lose at any time or sitting, the sum or value of twenty-five dollars or upwards, and shall pay or deliver the same or any part thereof, may, within three calendar months after such payment or delivery, sue for and recover the money or value of the things so lost and paid or delivered, from the winner thereof.

In case the person losing such sum or value shall not, within the time aforesaid, in good faith and without collusion, sue for the sum or value so by him lost and paid or delivered, and prose cute such suit to effect without unreasonable delay, the overseers of the poor of the town where the offense was committed, may sue for and recover the sum or value so lost and paid, together with treble the said sum or value, from the winner thereof, for the benefit of the poor.

Derivation: 1 R. S. 662-663, §§ 14-15.