court, or if the suit be in a justice's court, the justice, must issue an attachment against the property mentioned in the complaint or information, which attachment has the same force and effect against such property, and is issued in the same manner as attachments issued from the district courts in civil cases.

Legislation § 325. Enacted February 14, 1872; based on Field's Draft, § 381, N. Y. Pen. Code, § 332; Stats. 1861, p. 229. See ante, Legislation § 319, for code commissioners' note.

§ 326. Letting building for lottery purposes. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor.

Legislation § 326. Enacted February 14, 1872; based on Field's Draft, § 382, N. Y. Pen. Code, § 333; Stats. 1861, p. 229. See ante, Legislation § 319, for code commissioners' note.

CHAPTER X.
Gaming.

§ 330. Gaming prohibited. Penalty.

$330a. Gambling by use of slot machines prohibited. Dice having more than six faces.

Permitting gambling in houses owned or rented.

§ 331.

§ 332.

Winning at play by fraudulent means.

Witnesses neglecting or refusing to attend trial.
Witness's privilege.

§ 335.

§ 336.

Duties of district attorneys, sheriffs, and others.
Permitting minor to play in saloon.

§ 337.

To issue a license to carry on forbidden games, a felony.

§ 337a. Pool-selling, book-making, bets and wagers.

Code commissioners' note to Chapter X. "This chapter is founded on the statute of 1860, p. 69, and the statute of 1863, p. 723. The language has been modified."

§ 330. Gaming prohibited. Penalty. Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, tan, fan-tan, stud-horse poker, sevenand-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of said prohibited games, is guilty of a misdemeanor, and shall be punished by a fine not less than one hundred dollars nor not more than five hundred dollars, or by imprisonment in the

county jail not exceeding six months, or by both such fine and imprisonment. [Amendment approved 1891; Stats. 1891, p. 57.]

Legislation § 330. 1. Enacted February 14, 1872 (based on Stats. 1863, p. 723, § 1; 14 Cal. 29; 14 Cal. 566), and then read: "Every person who deals, plays, or carries on, opens or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, or any banking game played with cards, dice, or any other device, for money, checks, credit, or any other representative of value, is punishable by fine of not less than two hundred nor more than one thousand dollars, and shall be imprisoned in the county jail until such fine and costs of prosecution are paid, such impris onment not to exceed one year."

2. Amended by Stats. 1885, p. 135, (1) adding (a) "tan, fan-tan, stud-horse poker, seven-and-a-half, twenty-one," and (b) "or percentage" after "any banking"; (2) omitting "other" before "device"; (4) adding, at end of section, "and every person who plays or bets at or against any of said prohibited game or games, is guilty of a misdemeanor."

3. Amended by Stats. 1891, p. 57.

§ 330a. Gambling by use of slot machines prohibited. Dice having more than six faces. Every person, who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee, or otherwise, 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 slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated, or played, by placing or depositing therein any coins, checks, slugs, balls, or other articles or device, or in any other manner and by means whereof, or as a result of the operation of which any merchandise, money, representative or articles of value, checks, or tokens, redeemable in, or exchangeable for money or any other thing of value, is won or lost, or taken from or obtained from such machine, when the result of action or operation of such machine, contrivance, appliance, or mechanical device is dependent upon hazard or chance, and every person, who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee, or otherwise, 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 card dice, or any dice having more than six faces or bases each, upon the result of action of which any money or other valuable thing is staked or hazarded, or as a result of the operation of which any merchandise, money, representative

or article of value, check or token, redeemable in or exchangeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of such dice is dependent upon hazard or chance, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Legislation § 330a. Added by Stats. 1911, p. 951.

§ 331.. Permitting gambling in houses owned or rented. Every person who knowingly permits any of the games mentioned in the preceding section to be played, conducted, or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in the preceding section.

Permitting minors to gamble: See post, § 336.

Permitting of gambling by owner or lessor: See post, § 336. Legislation § 331. Enacted February 14, 1872; based on Stats. 1860, p. 69, § 4.

§ 332. Winning at play by fraudulent means. Every person who by the game of "three-card monte," so-called, or any other game, device, sleight-of-hand, pretensions to fortune-telling, trick, or other means whatever, by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently obtains from another person money or property of any description, shall be punished as in case of larceny of property of like value. [Amendment approved 1880; Code Amdts. 1880, p. 40.]

Legislation § 332. 1. Enacted February 14, 1872 (based on Field's Draft, § 388, N. Y. Pen. Code, § 339), and then read: "Every person who, by any fraud, cheat, or device, or false pretense whatsoever, while playing at any game of chance, or while bearing any share in wagers played for, or while betting on sides or hands of such play, wins or acquires to himself or another any sum of money or valuable thing, is guilty of a misdemeanor."

2. Amended by Code Amdts. 1877-78, p. 115, to read: "Every person who, by fraud, device, cheat, trick, or any false pretense whatsoever, while playing or pretending to play at any game of chance, or while bearing any share in a wager or wagers played for, or while betting on sides or hands of such play or pretended play; or who, by means of bunko, string game, three-card monte, thimblerig, top-and-bottom, or other pretended game of chance, or cheating game, or device, or acquires to himself or another, any sum of money or valuable thing, is guilty of a felony, and on conviction shall be punished accordingly."

3. Amended by Code Amdts. 1880, p. 40.

§ 333. Witnesses neglecting or refusing to attend trial. Every person duly summoned as a witness for the prosecu

tion, on any proceedings had under this chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor.

Legislation § 333. Enacted February 14, 1872; based on Stats. 1860, p. 69, § 5.

§ 334. Witness's privilege. No person, otherwise competent as a witness, is disqualified from testifying as such concerning the offense of gaming, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against him for any offense concerning which he testified.

Legislation § 334. Enacted February 14, 1872 (Field's Draft, § 391, N. Y. Pen. Code, § 342); based on Stats. 1860, p. 69, § 2.

§ 335. Duties of district attorneys, sheriffs, and others. Every district attorney, sheriff, constable, or police-officer must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this chapter, and every such officer refusing or neglecting so to do, is guilty of a misdemeanor.

Legislation § 335. Enacted February 14, 1872; based on Stats. 1863, p. 723, § 1.

§ 336. Permitting minor to play in saloon. Every owner, lessee, or keeper of any house used in whole, or in part, as a saloon or drinking-place, who knowingly permits any person under twenty-one years of age to play at any game of chance therein, is guilty of a misdemeanor.

Permitting of gambling by lessor: See ante, § 331.

Legislation § 336. Added by Code Amdts. 1873-74, p. 461.

$337. To issue a license to carry on forbidden games, a felony. Every state, county, city, city and county, town. or township officer, or other person who shall ask for, receive, or collect any money, or other valuable consideration, either for his own or the public use, for and with the understanding that he will aid, exempt, or otherwise assist any person from arrest or conviction for a violation of section three hundred and thirty of the Penal Code; or who shall issue, deliver, or cause to be given or delivered to any person or persons, any license, permit, or other privilege, giv ing, or pretending to give, any authority or right to any person or persons to carry on, conduct, open, or cause to be opened, any game or games which are forbidden or prohibited by section three hundred and thirty of said code; and any of such officer or officers who shall vote for the passage of any ordinance or by-law, giving, granting, or pretending

to give or grant to any person or persons any authority or privilege to open, carry on, conduct, or cause to be opened. carried on, or conducted, any game or games prohibited by said section three hundred and thirty of the Penal Code, is guilty of a felony.

Legislation § 337. Added by Stats. 1885, p. 113.

§ 337a. Pool-selling, book-making, bets and wagers. Every person,

1. Who engages in pool-selling or book-making, with or without writing, at any time or place; or

2. Who, whether for gain, hire, reward, or gratuitously, or otherwise, keeps or occupies, for any period of time whatsoever, any room, shed, tenement, tent, booth, building, float, vessel, place, stand or inclosure, of any kind, or any part thereof, with a book or books, paper or papers, apparatus, device or paraphernalia, for the purpose of recording or registering any bet or bets, or any purported bet or bets, or wager or wagers, or any purported wager or wagers, or of selling pools, or purported pools, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever;

or

3. Who, whether for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or forwards, or purports or pretends to receive, hold, or forward, in any manner whatsoever, any money, thing or consideration of value, or the equivalent or memorandum thereof, staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or

4. Who, whether for gain, hire, reward, or gratuitously, or otherwise, at any time or place, records, or registers any bet or bets, wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or