632, 59 Am. Rep. 432; Ballock v. State, 73 Md. i, 8 L. R. A. 671; Com. v. Wright, 137 Mass. 250, 50 Am. Rep. 306; People v. Elliott, 74 Mich. 264, 16 Am. St. Rep. 640, 3 L. R. A. 403, note; People v. Reilly, 50 Mich. 384; 45 Am. Rep. 47; State v. Munford, 73 Mo. 647, 39 Am. Rep. 532; State v. Shorts, 32 N. J. L. 398, 90 Am. Dec. 668; Holoman v. State, 2 Tex. Ct. App. 610, 8 Am. Rep. 439; Horner v. United States, 147 U. S. 449.

§ 1371. Lottery unlawful and a public nuisance.

A lottery is unlawful and a public nuisance.

Derivation: Penal Code, § 324.

People v. Gillson (1888), 109 N. Y. 404; Goodrich v. Houghton (1892), 134 N. Y. 115, aff'g 55 Hun, 526, 9 N. Y. Supp. 214; see also Moore v. State, 48 Miss. 147, 12 Am. Rep. 367; Matter of Blanchard, 9 Nev. 101; Stone v. State, 101 U. S. 814; New Orleans v. Houston, 119 U. S. 265.

§ 1372. Contriving, drawing, and assisting in a lottery.

A person who contrives, proposes or draws a lottery, or assists in contriving, proposing or drawing the same, is punishable by imprisonment for not more than two years, or by fine of not more than one thousand dollars, or both.

Derivation: Penal Code, § 325.

Matter of Dwyer (1894), 14 Misc. 204, 35 N. Y. Supp. 884; People v Pickert (1904), 96 App. Div. 637, 89 N. Y. Supp. 183.

§ 1373. Selling lottery tickets.

A person who sells, gives, or in any way whatever furnishes or transfers, to or for another, a ticket, chance, share, or interest, or any paper, certificate, or instrument, purporting to be or to represent a ticket, chance, share, or interest, in or dependent upon the event of a lottery, to be drawn within or without this state, is guilty of a misdemeanor.

Derivation: Penal Code, § 326.

Pickett v. People (1876), 8 Hun, 83, aff'd 67 N. Y. 609; People v. Noelke (1883), 94 N. Y. 137, 46 Am. Rep. 218; People v. Hooghkerk (1884), 96 N. Y. 149, 67 How. Pr. 264; People v. Emerson (1888), 6 N. Y. Cr. 157, 5 N. Y. Supp. 374; Goodrich v. Houghton (1892), 134 N. Y. 115, aff'g 55 Hun, 526, 9 N. Y. Supp. 214; Matter of Blum (1894), 9 Misc. 571, 30 N. Y. Supp. 396; People v. Jones (1895), 89 Hun, 12, 35 N. Y. Supp. 61; see also State v. Moore, 64 N. H. 9, 56 Am. Rep. 478; Com. v. Bierman, 13 Bush. 345.

81374. Advertising lotteries.

A person who, by writing or printing, or by circular or letter, or in any other way, advertises or publishes an account of a lottery, whether within or without the state, stating how, when or where the same is to be, or has been, drawn, or what are the prizes therein, or any of them, or the price of a ticket, or any share or interest therein, or where or how it may be obtained, is guilty of a misdemeanor.

Derivation: Penal Code, § 327.

Ormes v. Dauchy (1880), 82 N. Y. 443, 37 Am. Rep. 583, aff'd 45 N. Y. Super. 85; Hart v. People (1882), 26 Hun, 396; People v. England (1882), 27 Hun, 139; People ex rel. Ellison v. Lavin (1904), 179 N. Y. 164, rev'g 93 App. Div. 292, 87 N. Y. Supp. 776; Matter of Cullinan (1906), 114 App. Div. 658, 99 N. Y. Supp. 1097; see also People v. Charles, 3 Den. 212, 1 N. Y. 180; Hudelson v. State, 94 Ind. 426, 48 Am. Rep. 171; State v. Kaub, 15 Mo. App. 433; Public Clearing House v. Coyne, 94 U. S. 497.

§ 1375. Advertisements by persons out of the state.

The provisions of sections thirteen hundred and seventy-four and thirteen hundred and seventy-nine are applicable, whenever the advertisement was published, or the letter or circular sent or delivered through or in this state, though the person causing or procuring the same to be published, sent or delivered, was out of the state at the time of so doing.

Derivation: Penal Code, § 335.

People ex rel. Madden v. Dycker (1902), 72 App. Div. 308-313, 76 N. Y. Supp. 111.

§ 1376. Offering property for disposal dependent upon the drawing of any lottery.

A person who offers for sale or distribution, in any way, real or personal property, or any interest therein, to be determined by lot or chance, dependent upon the drawing of a lottery within or without this state, or who sells, furnishes, or procures, or causes to be sold, furnished, or procured, in any manner, a chance or share, or any interest in property offered for sale or distribution, in violation of this article, or a ticket or other evidence of such a chance, share, or interest, is guilty of a misdemeanor.

Derivation: Penal Code, § 328.

People v. Pickert, 89 N. Y. Supp. 184.

1377. Keeping a lottery office.

A person who opens, sets up, or keeps, by himself or another person, an office or other place for registering the numbers of tickets in a lottery within or without this state, or for making, receiving, or registering any bets or stakes for the drawing, or result of such a lottery, or who advertises or in any way publishes any account of an opening, setting up, or keeping of such an office or place, is guilty of a misdemeanor.

Derivation: Penal Code, § 329.

People v. Jackson, 3 Den. 101.

1378. Insuring lottery tickets.

A person who insures, or receives any consideration for insuring, for or against the drawing of a ticket, share, or interest in a lottery, or of a number of such a ticket, share, or interest, or who receives any valuable consideration upon an agreement to pay money, or deliver property, in the event that a ticket, share, or interest, or a number of such a ticket, share, or interest in a lottery, shall prove fortunate or unfortunate, or shall be drawn or not drawn in a particular way or in a particular order, or who promises or agrees, or offers to pay money, or to deliver property, or to do, or forbear to do, anything for the benefit of any person, with or without consideration, upon any accident or contingency dependent on the drawing thereof, or of any number or ticket therein, is guilty of a misdemeanor.

Derivation: Penal Code, § 330.

Baldwin's Case, 3 City Hall Rec. 96; Kenney's Case, 3 City Hall Rec. 53.

§ 1379. Advertising to insure lottery tickets.

A person who, by writing or printing, or by circular or letter, or in any other way, advertises or publishes an offer, notice, or proposition, in violation of the last section, is guilty of a misdemeanor.

Derivation: Penal Code, § 331.

§ 1380. Property offered for disposal in lotteries, forfeited. All property offered for sale, or distribution, in violation of the provisions of this article, is 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 is the duty of the re

spective district attorneys, to demand, sue for and recover, in behalf of the people, all property so forfeited, and to cause the same to be sold when recovered, and to pay the proceeds of the sale of such property, and any moneys that may be collected in any such suit, into the county treasury, for the benefit of the

poor.

Derivation: Penal Code, § 332.

People v. Phillips (1883), 30 Hun, 553.

§ 1381. Letting building for lottery purposes.

A person who lets, or permits to be used any building or portion of a building, knowing that it is intended to be used for any of the purposes declared punishable by this article, is guilty of a misdemeanor.

Derivation: Penal Code, § 333.

Edelsmith v. McGrarren, 4 Daly, 467; Michael v. Bacon, 18 Am. Rep. 138.

§ 1382. Lotteries out of this state.

The provisions of this article are applicable to lotteries drawn or to be drawn out of this state, whether authorized or not by the laws of the state where they are drawn or to be drawn, in the same manner as to lotteries drawn or to be drawn within this state.

Derivation: Penal Code, § 334.

§ 1383. Money paid for lottery tickets may be recovered by

action.

Any person who shall purchase any share, interest, ticket, certificate of any share or interest, or part of a ticket, or any paper or instrument purporting to be a ticket or share or interest in any ticket, or purporting to be a certificate of any share or interest in any ticket, or in any portion of any lottery, may sue for and recover double the sum of money, and double the value of goods or things in action, which he may have paid or delivered in consideration of such purchase, with double costs of suit.

Any person who shall have paid any money, or valuable thing, for a chance or interest in any raffle or distribution, prohibited by the preceding sections, may sue for and recover the same of the person to whom such payment or delivery was made.

Derivation: R. S., pt. 1, ch. 20, tit. 8, §§ 25, 32.

1384. Prizes in lotteries, forfeited.

Any prize that shall be drawn in any lottery shall be forfeited to the use of the poor; and it shall 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

§ 1385. Certain transfers of property in pursuance of lottery, void,

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, or for the purpose of aiding and assisting in such lottery, game or other device, to be determined by lot or chance is hereby declared void and of no effect.

Derivation: R. S., pt. 1, ch. 20, tit. 8, § 38.

§ 1386. Contracts, agreements and securities on account of raffling, void.

All contracts, agreements and securities given, made or executed, for or on account of any raffle, or distribution of money, goods or things in action, for the payment of any 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 raffied for, or agreed to be distributed as aforesaid, shall be utterly void.

Derivation: R. S., pt. 1, ch. 20, tit. 8, § 24.