Their character to be summarily 313. The magistrate to whom any obscene or indecent writing, paper, book, picture, print, or figure is determined delivered, pursuant to the foregoing section, must, upon the examination of the accused, or, if the examination is delayed or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print, or figure, and if he finds it to be obscene or indecent, he must deliver one copy to the District Attorney of the county in which the accused is liable to indictment or trial, and must at once destroy all the other copies. Their Kooping or residing in 314. Upon the conviction of the accused, such District Attorney must cause any writing, paper, book, picture, print, or figure, in respect whereof the accused stands convicted, and which remains in the possession or under the control of such District Attorney, to be destroyed. 315. Every person who keeps a house of ill-fame a house of in this State, resorted to for the purposes of prostitution or lewdness, or who willfully resides in such house, is guilty of a misdemeanor. ill-fame. Keeping NOTE.-Stats. 1855, p. 76, Sec. 1; Abrahams vs. State, 4 Iowa, p. 541; State vs. Abrahams, 6 Clarke, p. 117. 316. Every person who keeps any disorderly house or any house of public resort, by which the peace, comfort, or decency of the immediate neighborhood is habitually disturbed, or who keeps any inn in a disorderly manner, is guilty of a misdemeanor. 317. Every person who willfully writes, composes, or publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise, to assist in the accomplishment of any such purpose, is guilty of a felony. SECTION 321. Punishment for selling lottery tickets. 322. Aiding lotteries. 323. Lottery offices. Advertising lottery offices. 324. Insuring lottery tickets. Publishing offers to insure. detined. 319. A lottery is any scheme for the disposal or Lottery distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or any interest in such property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. NOTE. This and the succeeding sections relating to lotteries are founded upon an Act to prohibit lotteries, etc.-Stats. 1861, p. 229. No material changes in the legal effect have been made; but the law follows the language of the New York Penal Code, having in view greater terseness of expression.-Governor of Almshouse vs. American Art Union, 7 N. Y., p. 228; Bouvier's Law Dict., Tit. "Lottery;" Mass. Gen. Stat., p. 823, Sec. 1. In the popular use of the above mentioned terms a lottery is a distribution by chance of several prizes among purchasers of separate chances; a raffle is a disposal by chance of a single prize among purchasers of separate chances; and a gift enterprize is a disposal of property in mass to a body of shareholders, upon an understanding or expectation that they will decide it among themselves by chance. But as all schemes of this description are involved in a common condemnation and punishment, to retain these distinctions in the statute book would serve no important purpose in de'ning the offense, while it would embarrass prosecutions by suggesting questions as to the requisite averments in the indictment. The law has, therefore, defined the word "lottery" broad enough to cover all these homogeneous devices, in order that that word may be intelligibly used as including all. As to unlawfulness of "gift enterprises," see Wooden vs. Shotwell, 4 Zabr., p. 789; Bell vs. State, 5 Sneed, p. 507. Our State Const., Art. IV, Sec. 27, reads as follows: "No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed;" very similar to the N. Y. Const. of 1846, Art. I, Sec. 10, which reads: "Nor shall any lottery hereafter be authorized, or any sale of lottery tickets allowed within this State." These constitutional provisions have rendered obsolete many of the distinctions of former laws relative to lotteries, and permits these enactments to be much more brief and simple than former ones, while they are also in reality more stringent. It may here be remarked that, in view of the law by which all lotteries are made unlawful, lottery tickets are no longer to be regarded as the subject of property which the law will be sedulous to protect. 320. Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a mis demeanor. 321. Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other person any ticket, chance, share, or interest, or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor. NOTE.-In Ex Parte William Smith, 40 Cal., p. 419, it was held that the general law punishing the sale of lottery tickets was not repealed by the Mercantile Library Lottery Act of 1870. 322. Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. 323. Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a misdemeanor. lottery 324. Every person who insures or receives any Insuring consideration for insuring for or against the drawing tickets. of any ticket in any lottery whatever, whether drawn or to be drawn within this State or not, or who receives any valuable consideration upon any agreement to repay any sum, or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn, at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action, or property, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent on the drawing of any ticket in any lottery, or who publishes any Publishing notice or proposal of any of the purposes aforesaid, is insure. guilty of a misdemeanor. NOTE.-See Secs. 2531, 2532, Civil Code Cal. 325. All moneys and property offered for sale or distribution in violation of any of the provisions of this Chapter are forfeited to the State, and may be recovered by information filed, or by an action brought by the Attorney General, or by any District Attorney, in the name of the State. Upon the filing of the information or complaint, the Clerk of the 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. offers to Property offered for disposal in lottery forfeited. Letting building 326. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing for lottery that it is to be used for setting up, managing, or draw purposes. ing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor. NOTE.-See note to Sec. 319, ante. It was held that injunction lies to restrain and enjoin disposition of prizes pending suits therefor in Justices' Courts, in People vs. Kent, 6 Cal., p. 89.-See Sec. 2532, Civil Code Cal. Gaming prohibited. Penalty. CHAPTER X. GAMING. SECTION 330. Gaming prohibited. Penalty. 331. Permitting gambling in houses owned or rented. 333. Witnesses neglecting or refusing to attend trial. 335. Duties of District Attorneys, Sheriffs, and others. 330. Every person who deals, plays, or carries on, opens or causes to be opened, or who conducts, either as owner or employé, whether for hire or not, any game of faro, monté, roulette, lansquenet, rouge et noire, 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 imprisonment not to exceed one year. NOTE.-Stats. of 1863, p. 723, Sec. 1; People vs. Saviers, 14 Cal., p. 29. The Act of 1857, to prohibit gaming, declared constitutional in People vs. Beatty, 14 Cal., p. 566.-See People vs. Markham, 7 Cal., p. 208. Licensing gambling did not make a gambling debt recoverable at law.-Bryant vs. Mead, 1 al., p. 441; and Carrier vs. Brannan, 3 Cal., p. 328 Without a license gaming was a violation of the then law.-People vs. Raynes, 3 Cal., p. 366. Gambling debt or money lost cannot be recovered at law.-Gahan vs. Neville, 2 Cal., p. 81. |