ing one hundred dollars for every ticket or share, or interest in any ticket so vended, sold, bartered, furnished or procured, or to imprisonment not exceeding one year. [This and the remaining sections of this title, except when otherwise noted, are taken from the act of 1827, 327.] ᎪᎡᎢ 4. [Sections 40 to 51, regulating licensing of persons to sell lottery tickets, are omitted, [669-671] as the sale of lottery tickets is now absolutely prohibited. Const., art. 1, § 10. The sections in question are therefore abrogated. A statute passed in 1833, abolished all lotteries allowed by the laws of the state.]* in prosecu under this § 52. It shall not be necessary in the trial of any suit or prosecu- Evidence tion under the provisions of this article, to prove the existence of tions any lottery in which any ticket, share or part of a ticket purports to article. have been issued, or the actual signing of any such ticket, or share, or of any pretended ticket or share, of any pretended lottery; nor that any ticket, share or interest, was signed or issued by the authority of any manager, or of any person assuming to have authority as manager; but in all cases, proof of the sale, furnishing, bartering or procuring of any ticket, share or interest therein, or of any instrument, purporting to be a ticket, or part or share of any ticket, shall be conclusive evidence that such ticket, share or interest was signed and issued according to the purport thereof. lottery § 53. If any person shall falsely make, alter, forge or counterfeit, Forgery of or cause or procure to be falsely made, altered, forged or counter- tickets, &c. feited, or willingly act or assist in the false making, altering, forging [672] or counterfeiting any ticket of any lottery, or other game or device of chance, or any share or interest, or any certificate of any share or interest in any ticket of any lottery, or other game or device of chance, with intent to defraud any person or body corporate whatsoever, or shall utter or publish as true, or shall sell or exchange, or offer for sale or exchange, any false, altered, forged or counterfeited ticket of any lottery, or other game or device of chance, or of any share or interest, or of any certificate of any share or interest in any ticket of any lottery, with intention to defraud any person or body politic or corporate whatsoever, knowing the same to be false, altered, forged or counterfeited, then any such person being thereof convicted, shall be subject to imprisonment as prescribed by Jaw. [Act concerning Revised Statutes, of December 10, 1828, § 13. See chap. 1, 4th part R. S., title 3, § 33.] § 54. It shall be the duty of the presiding judge of every court of oyer and terminer, and of every court of general sessions of the *The following is the act referred to: L. 1833, Chap. 306 –An act fixing the period for closing all the lotteries authorised to The People of the State of New York, represented in Senate and Assembly, do enact as follows: Release. 2. That the said agreement and release of the said John B. Yates and Archibald 7 N. Y., 228; 1 N. Y., 180; 13 Barb., 577; 4 Barb., 314; 3 Denio, 101, 212; 23 Wend., 418; Grand ju charged respecting ries to be this article. TITLE 8. Public officers to pre and bind over of fenders. peace, specially to charge every grand jury to inquire into all violations of the laws against lotteries, and against the unlawful selling of tickets in lotteries. SEC. 55. [Repealed.] 56. Duty of public officers to prevent races and bind over offenders. 59. All racing in New-Utrecht prohibited; penalty. 60. [Repealed.] [Section 55 repealed by L. 1886, ch. 593.] § 56. It shall be the duty of all officers concerned in the administravent races tion of justice, to attend at the place where they shall know or be informed that any race is about to be run contrary to the provisions of law, and there give notice of the illegality thereof, and endeavor to prevent such race, by dispersing the persons collected for the purpose of attending the same, and by all other ways and means in their power. Upon their own view of any persons offending against the provisions of the preceding section, as well as upon the testimony of others, such judges and justices shall issue warrants for the immediate apprehension of the persons so offending, to the end that they may be compelled to enter into recognizances, with sufficient sureties, for their good behavior, and for their appearance at some proper court, to answer for the said offences. [673] Penalty for contribut lecting for. § 57. Every person who shall contribute or collect, or solicit any ing or col. other person to contribute or collect, any money, goods or things purse, &c., in action, for the purpose of making up a purse, plate or other valto be raced uable thing, to be raced for by any animal contrary to law, or to be given to the owner or rider of any animal so racing contrary to law, shall forfeit twenty-five dollars, to be sued for and recovered by and in the name of the overseers of the poor of the town where the offence may be committed. Penalty on owners of and on persons betting. 99. [1 R. L., 222, §§ 2, 3 and 4.] § 58. The owner, in the whole or in part, of any animal that shall horses, &c., be used or employed, by his permission or privity, in racing, contrary to law, shall forfeit the value of the animal so employed. Every 10 Wend., person concerned in laying any bet or wager upon the event of any illegal race, or in contributing to the stakes to be awarded upon any such event, shall forfeit the amount of the bet or wager so made, or of the sum or thing so contributed. The said forfeiture may be sued for and recovered by the overseers of the poor of the town where the offence may be committed. Racing in [The same.] $59. All racing and running of animals for the trial of speed within the town of New-Utrecht, in the county of Kings, whether prohibited. the same be for any bet, wager, or stakes, or not, shall be deemed a misdemeanor, and the parties concerned therein shall, on conviction, be liable to fine and imprisonment, as declared in the preceding fifty-fifth section. ARTICLE SIXTH. OF PROFANE CURSING AND SWEARING. SEC. 61 & 62. Penalty for profane swearing; when summary conviction to be made. 63. Proceedings if penalty be not paid or secured. ART. 6. swearing; conviction. § 61. Every person who shall profanely curse or swear shall for- Penalty for feit one dollar for every offence; if the offence be committed in the profane presence and hearing of any justice of the peace, mayor, recorder summary or alderman of any city, while holding a court, a conviction of the [674] offender shall be immediately made by such magistrate, without any other proof whatsoever. [2 R. L., 195, §§ 6, 7 and 8.] cases. § 62. And if, at any other time, the offence be committed in the Id.; other presence and hearing of such justice, mayor, recorder or alderman, under such circumstances, as in the opinion of the magistrate, to amount to a gross violation of public decency, such magistrate may, in his discretion, convict the offender without other proof. [The same.] ings if penalty be not paid on sccured. 235. § 63. If the offender do not forthwith pay the penalties incurred, Proceedwith the costs, or give security for their payment within six days, he shall be committed by warrant to the common jail of the county for every offence, or for any number of offences whereof he was con- 16 Abb. Pr., victed, at one and the same time, for not less than one day, nor more than three days, there to be confined in a room separate from all other prisoners. [The same.] ART. 7. ARTICLE SEVENTH. OF THE DISTURBANCE OF RELIGIOUS MEETINGS. SEC. 64. [Repealed.] 65. Penalty; proceedings to collect; summary conviction. 66. Duty of peace officers to apprehend offenders against this article. 67. Judicial officers may order offenders into custody. 68. Proceedings on conviction, if penalty be not paid or secured. [Section 64 repealed by L. 1886, ch. 593.] ings to col + § 65. Whoever shall violate either of the provisions of the fore- Penalty. going section, may be convicted summarily before any justice of the Proceedpeace of the county, or any mayor, recorder, alderman or other lect magistrate of any city, where the offence shall be committed, and on 211, 212. such conviction, shall forfeit a sum not exceeding twenty-five dollars, for the benefit of the poor of the county. [The same.] § 66. It shall be the duty of all sheriffs, and their deputies, coroners, marshals, constables, and other peace officers, who may be present at the meeting of any assembly for religious worship, which shall be interrupted or disturbed in the manner herein prohibited, to apprehend the offender, and take him before some justice of the 17 Wend., TITLE 8. peace, or other magistrate authorized to convict as aforesaid, to be Wend., 377; proceeded against according to law. 9 Wend., 62. May be or. dered into custody by judicial officers. 3 Wend., 253. Proceed ings if pen. alty be not [The same.] § 67. All judges, mayors, recorders, aldermen, and justices of the peace, within their respective jurisdictions, upon their own view of any person offending against the provisions of this article, may order the offender into the custody of any officer in the preceding section named, or of any official member of the church or society so assembled and disturbed, for safe keeping until he shall be let to bail, or a trial for such offence be had. [The same.] § 68. If any person convicted of any of the offences herein prohibited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfaction of the officer before whom the conviction shall be had, for the payment of Wend,545. the said penalty and costs within twenty days thereafter, he shall be committed by warrant to the common jail of the county, until the same be paid, or for such term, not exceeding thirty days, as shall be specified in the warrant. The same.] L. 1834, Chap. 78-An act to amend article seventh, title eighth, chapter twentieth, part first of the Revised Statutes, entitled "Of the disturb ance of religious meetings." Person complained of may demand a jury. SECTION 1. From and after the passage of this act, it shall and may be lawful for any person who may be complained of for a violation of any of the provisions of the article hereby amended, before the court shall proceed to investigate the merits of the cause, to demand of such court that he may be tried by a jury. Upon such demand, it shall be the duty of such court to issue a venire, to any constable of the county, or marshal of the city, where the offense is to be tried, commanding such officer to summon the same number of jurors, and in the same manner, as is provided for the summoning of jurors before courts of special sessions. The said court shall proceed to empannel a jury for the trial of said cause, in the same manner, and shall be subject to all the rules and regulations prescribed in the act providing for trials by jury in courts of special sessions. 17 Wend., 213. Costs. §2. In addition to the costs allowed by law for prosecution under the article hereby amended, all the costs consequent upon a trial by jury shall be added and paid by the party offending, in case of conviction, and shall be the same as is allowed by law in civil cases. L. 1871, Chap. 702 – An act relative to contracts for advertisements in newspapers published on Sunday. Sunday papers. SECTION 1. All contracts or agreements of any nature made with the publishers or proprietors of any paper dated, published or issued on the first day of the week shall be as valid, legal and binding, as contracts made with newspapers dated or published on any other day of the week. ARTICLE NINTH. GENERAL PROVISIONS TO ENFORCE THE PROHIBITIONS OF THE THREE LAST ARTICLES. SEC. 73. Proceedings to collect penalties imposed by three last articles. 74. Such prosecutions to be commenced within twenty days. 75. Execution to collect penalties; its contents. 76. Certificate of conviction to be filed with county clerk. 77. Amount of fees allowed; by whom to be paid. ART. 9. ings to col. lect penalimties m articles. 378; 9 wend., 62. § 73. Whenever complaint shall be made to any justice of the Proceedpeace, mayor, recorder, or alderman, of a violation of either of the provisions contained in the three last articles, relative to profane swearing, the disturbance of religious meetings, or the observance three last of Sunday, or when any of such violations shall happen in the pres- 10 Wend., ence of such officer, he shall cause the offender to be brought before him, and shall proceed summarily to inquire into the facts; and if the person charged be found guilty, a record of his conviction shall be made and signed by such officer, before issuing any process to enforce the same; which conviction shall be final, and shall not be re-examined upon the merits in any court. [2 R. L., 196, §§ 9 and 10.] [677] ed for pros 74. No prosecution shall be maintained for any of the violations Time limitspecified in the preceding section, unless the same be instituted by ecuting. the actual issuing of process to apprehend the offender, or by his actual appearance to answer the complaint, within twenty days next after the offence committed. [2 R. L., 197, §§ 11, 12, and other sections.] to collect § 75. Upon a conviction being had for any of the offences in the Execution three last articles specified, where no other special provision is made penalties. for the collection of the penalties incurred, the magistrate before whom the same is made, shall issue an execution to any constable of the county, commanding him to levy the said penalties, and the costs of the conviction, by distress and sale of the goods and chattels of the offender, and in case sufficient goods and chattels can not be found, then to commit such offender to such common jail of the county, for such time as shall be specified in such execution, not less than one day nor more than three days. [The same.] of convic and where § 76. Within thirty days after any such conviction shall be had, Certificate the magistrate making the same, shall cause to be filed in the office tion when of the clerk of the county, a certificate of such conviction, briefly to be filed. stating the offence charged, the conviction and judgment thereon, and if any fine has been collected, the amount thereof and to whom paid. [Act concerning Revised Statutes, December 10, 1828.] |