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Duty of

officers of justice.

Penalty on bettors.

Penalty on



in New Utrecht.

§ 776. All officers concerned in the administration of justice shall attend at the place where they are informed that any such race is to be, and there give notice of its illegality, and endeavor to prevent it

by dispersing the persons
other means in their power.

collected, and by all

Upon their own view

of any offense, as well as upon the testimony of others, such judges and justices shall issue warrants for the immediate apprehension of the offenders, and shall require recognizances with sufficient sureties for their good behavior, and for their appearance for trial.

2 R. S., 80, § 50.

§ 777. Every person who contributes or collects or solicits any money, goods or things in action, for the purpose of making up a bet, stake or reward to be raced for by any animal, contrary to law, liable to a penalty of twenty-five dollars.

Ib., § 51.


§ 778. The owner or part owner of any animal used by his privity, in racing contrary to law, shall forfeit the value of the animal. Every person concerned in any bet upon any illegal race, or in contributing to a stake for such race, shall forfeit the amount of such bet or such contribution.

Ib., § 52.

§ 779. All such racing and trials of speed within the town of New Utrecht, in the county of Kings, whether for any bet or stakes, or not, is a misde

meanor, and the owner or part owner of any animal used by his privity, in a violation of this section, shall forfeit the value of the animal.

2 R. S., 81, §§ 53, 54.

Penalties, how recoV


§ 780. The forfeitures and penalties imposed by Pew recor this chapter shall be recovered by the overseers of the poor of the town where the offense is committed.

Ib., § 51, 52, 53.


vicinity of a court.

§ 781. Every person who is concerned in any Racing in racing or trial of speed between any horses other animals, within one mile of the place where any court is actually sitting, is guilty of a misde


Ib., 875, § 13.



SECTION 782. Fights prohibited.

783. Complaint.

784. Execution of warrant.

785. Gaming.

From Laws of 1856, ch. 98; 1859, ch. 37; 2 R. S., 71, §§ 6, 7.


§ 782. Every person who engages in any pre- Fights premeditated fight or contention, or who, within this state, instigates or promotes such a fight, either as witness or umpire, or by going out of the state to be present thereat, or by sending, in writing, or publishing, a challenge or acceptance of a challenge thereto, or by assisting in training a combatant

therefor, whether such fight is between persons or animals, and whether it is to take place within or without the state, is guilty of a misdemeanor.

Laws of 1856, ch. 98; 1859, ch. 37.

Complaint. § 783. Upon complaint under oath, specifying the grounds or reason to believe that a violation of the preceding section is about to be committed, any magistrate having power to take complaints of a criminal nature may, in his discretion, issue a warrant stating the complainant's name and residence, and requiring the officer to arrest the person about to offend, and any person whom he may find offending.


of warrant.

§ 784. The officer may call to his aid the civil power of the county, and shall take any person arrested before the magistrate, who shall require such person to give bond to the people in the penalty of not more than one thousand dollars, with or without sureties, conditioned that he will not, for one year from its date, violate section 782 Such bond is to be transmitted to the district attorney of the county, and, when broken, to be prosecuted by him in any court of the state. If he fails to give the bond the magistrate shall commit him to the county jail; but he may be discharged therefrom upon habeas corpus, upon executing the required bond; if such bond was required to be with surety the officer taking it shall approve the surety.

$785. No cock-fighting, playing with cards or Gaming. dice, nor any kind of gaming by lot or chance, nor any billiard table, shall be allowed within any house kept as an inn, or in any grocery or other place where the sale of spirituous liquors is licensed, or any out-house or garden belonging thereto; nor shall there be any playing with cards or dice for gain or money, or any kind of gaming by lot or chance, or any billiard table on board any vessel or canal boat used for the transportation of passengers, under penalty of ten dollars for each offense, to be recovered from the keeper of the inn or other place, or the master of the vessel or boat, as the case may be, by the overseer of the poor of the town where the offense is committed.



SECTION 786. Time of meeting of commissioners of excise.

787. Powers of commissioners.

788. Amount of license fees.

789. Conditions and term of license.

790. Commissioners to appoint a clerk and keep books of


791. Salaries and expenses.

792. Licenses for drinking places.

793. Bond to be executed.

794. In other cases liquors not to be drank in premises where

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797. No liquor to be sold to Indians, apprentices and minors.

798. Proceedings in case of violation of this chapter.

799. Intoxicated persons to be arrested, tried and punished.

Time of

meeting of

of excise.

Powers of commissioners.

SECTION 800. No liquor to be given to intoxicated persons.
801. Intemperate husbands, wives and children.

802. Habitual drunkards and paupers.

803. No traffic on Sunday.

804. Penalties, how recovered.

805. Bonds to be filed.

806. Forfeited bonds.

807. When judgments are obtained.
808. How licenses may be revoked.

809. Damages for unlawful sale.

810. Adulterated liquors.

811. When any person may prosecute.

812. Employees of incorporated companies.
813. Judgments rendered.

814. Meaning of inn and inn-keeper.

§ 786. The commissioners of excise shall meet in their respective counties, at the place where the county courts are required to be held, on the third Tuesday of May in each year, and on such other days as a majority of the commissioners appoint, not exceeding ten days in any one year, and in the county of Onondaga not exceeding thirty days, and in the city of New York not exceeding fifty days, for the purpose of granting licenses.

Laws of 1857, ch. 139, § 2; 1858, ch. 143; 1859, ch. 494.

§ 787. They have power to grant licenses to innkeepers, residents of the town or city where the inn is to be kept, to sell strong and spirituous liquors and wines, to be drank in their houses respectively; and to store-keepers, being such residents, a license to sell such liquors and wines in quantities less than five gallons, but not to be drank in their shops, houses, out-houses, yards, or gardens. No license shall be granted to any person or firm to sell in more than one place.

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