not more than two years hard labor in the state prison, and be fined in any sum not more than one thousand dollars, to be paid into the county treasury where such conviction shall take place, for the use of the common schools therein, to be divided among the school districts in that county, in the same manner as the school money of the state is divided among said districts, and in default thereof shall remain imprisoned until such fine be remitted or paid. So amended by Laws of 1855, ch. 214. CHAP. XX. magistrate plaint $3. If an affidavit shall be filed with the magistrate or Duty of police justice of any town or city, before whom complaint upon comshall have been made of an offence against any provision of made. this act, stating that the affiant has reason to believe, and does believe, that the person so charged in such complaint has upon his person or at any other place named in such affidavit any specified articles of personal property, or any gambling table, device or apparatus, or any lottery policies, public or private, the discovery of which might lead to establish the truth of such charge, the said magistrate or justice may in his discretion by warrant, command the officer, who is authorized, to arrest the person so charged, to make diligent search for such property and table, device or apparatus, and if found, to bring the same before such magistrate or justice; and the officers so seizing shall deliver the same to the magistrate or justice, before whom he takes the same, who shall retain possession of said property, and be responsible therefor until the discharge, or commitment, or letting to bail, of the person so charged, and in case of such commitment or letting to bail of the person so charged, such officer shall retain such property, subject to the order of the court before which such offender may be required to appear, until his discharge or conviction. And in case of the conviction of such person the gambling table, device, or apparatus shall be destroyed, and the household property and other fixtures belonging to such gambling place shall be held liable to be sold to pay any judgment and costs which may be rendered against such person; and after the payment of such judgment and costs, the surplus, if any, shall be paid into the treasury of the county where such prosecution shall take place, to be divided as provided for in the preceding section; and in case of the discharge of such person by the magistrate or court, the officer having such property in his custody, shall, on demand, deliver it to such person. by whom S4. It shall be lawful for any justice of the peace, police Warrants justice, chief magistrate of any municipal corporation, or and how judge of any court of record, upon complaint upon oath that issued. any gambling tables, apparatus, establishment or device is kept by any person for the purpose of being used to win or gain money or other property, or by any other person, or any lottery policies of any lotteries, to issue his warrant commanding any sheriff or constable, to whom the same shall be directed, PART L Penalty for inveigling within the proper jurisdiction, after demanding entrance to break open and enter any house or place wherein such gambling table, establishment, apparatus or device, shall be kept, and to seize and deliver the same to the mayor of the city, president of the village, supervisor of the town, or clerk of the county where such seizure shall be made, who shall keep the same until the term of the court at which the case shall be tried, and the court shall then if there be no necessity of keeping the property to be produced on the trial of an offender against this act, have a jury sworn to try the fact whether the property taken was or is used for gambling, and if the finding shall be that the property was used for gambling, the court shall order such property to be broken up and sold by the sheriff of the county and the proceeds shall after the payment of costs, go into the treasury of the county, for the use of the common schools therein in the same manner as is provided in the second section of this act. $5. If any person shall, through invitation or device, perpersons to suade or prevail on any person to visit any room, building, gambling houses. arbor, booth, shed, tenement, boat or float, kept for the purpose of gambling, he shall, upon conviction thereof, and upon proof that the person so invited has gambled therein, be held responsible for the money or property lost by such person so invited or persuaded by reason of such invitation or device, and in addition thereto he shall be fined and imprisoned according to the provisions of the second section of this act. Duties of sheriffs and other offcers. Penalty for permitting S6. It shall be the duty of all sheriffs, police officers, constables and prosecuting or district attorneys, to inform against and prosecute all persons whom they shall have credible reason to believe are offenders against this act, and for refusal so to do, they shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars. $ 7. If any commander, owner or lessee of any boat or float gambling. shall knowingly permit any gambling for money or property on such boat or float, and shall not, upon his knowledge of the fact, immediately prevent the same, he shall upon conviction thereof be held responsible for the money or property so lost, and fined in any sum not more than five hundred dollars. Fights prohibited. CHAP. 98. AN ACT to prevent prize fights and fights among game animals. PASSED April 4, 1856. The People of the State of New York, represented in Senate and Assembly, do enact as follows:' § 1. Every person who shall set on foot, or instigate, or move to, or carry on, or promote or engage in as a witness, umpire or judge, or do any act towards the furtherance of any CHAP. XX premeditated fight, or contention between persons with their fists, commonly called a prize fight, or any fight between game birds, or game cocks, or dogs, or bulls, or bears, or between dogs and rats, or dogs and badgers, or any other animals, that shall have been premeditated by any person having custody of such animals, shall be liable to arrest and prosecution for so doing, and upon conviction thereof, shall Penalty. be punished by imprisonment in a penitentiary or county jail, for a term not less than ten days nor exceeding one year, or by fine not exceeding one thousand dollars. $2. Upon complaint under oath before any magistrate Duty of having power to take complaints of a criminal nature, that Magistrate an offence within any of the specifications of section first is about to be committed, and setting forth in such complaint the grounds thereof, such magistrate shall, in his discretion, be empowered to issue a warrant to any officer of the county, having power to execute a warrant, reciting therein the name of the complainant and his residence, and the substance of his complaint, and therein directing such officer to proceed and prevent the said prize fight, and the said fight among fowls or animals as mentioned in section first of this act, by arresting any person or persons whom he may find wilfully witnessing the same; such officer having such warrant, shall have authority to call to his aid the civil power of the county, and upon any arrest or arrests being made in pursuance of this section, the person or persons so arrested shall be taken before the magistrate so having issued the warrant, and in the said magistrate's discretion may be then and there compelled Bond to be to enter into a bond in the sum of one thousand dollars to the given by people of the state of New York, conditioned that he will not arrested. for the space of one year next succeeding the date of said bond, offend against any of the provisions of this act; the said bond after being taken, to be forwarded to the district attorney of the county, and be by him retained one year, and prosecuted for breaches, in any of the courts of this state, if any shall have been committed. CHAP. 306. AN ACT fixing the period for closing all the lotteries authorized to be drawn within this state. PASSED April 30, 1833. persons Whereas John B. Yates and Archibald M'Intyre, assignees Preamble. of all the unsatisfied lottery grants made by this state, have executed to the people thereof an agreement, bearing date the twenty-fifth day of January last, that all lottery grants heretofore made by this state, shall cease and determine from and after the close of the present year, and releasing and acquitting the people of this state from all right, title and PART I. claim to continue or draw any lottery within this state, after the last day of December next, providing the legislature will pass an act declaring that the lotteries authorised by this state, may be continued until the close of the present year: Therefore, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Lotteries. S 1. The lotteries authorised by law to be drawn within this state may be continued until the close of the present year; after the end of which period, it shall not be lawful to continue or draw any lottery within this state; but all and every lottery heretofore granted or authorized within this state, shall absolutely cease and determine. Release. S2. That the said agreement and release of the said John B. Yates and Archibald M'Intyre, shall be filed and recorded in the office of the secretary of state. 7 N. Y., 228; 1 N. Y., 180; 13 B., 577; 4 B., 314; 3 D., 101, 212; 23 W., 418; 7 J. R., 434; 5 S. S. C., 614; 1 E. D. S., 218. Persons complained mand a jury. CHAP. 78. AN ACT to amend article seventh, title eighth, chapter twentieth, part first of the Revised Statutes, entitled "Of the disturbance of religious meetings." PASSED April 8, 1834. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. From and after the passage of this act, it shall and may of may de 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 offence 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. Costs. 17 W., 213. $ 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. CHAP. XX. CHAP. 349. AN ACT in relation to proceedings against persons observing as the Sabbath the day commonly called Saturday. PASSED November 10, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: tions from duties. $1. No person whose religious faith and practice is to keep Exemp the seventh day of the week, commonly called Saturday, as a military day set apart by divine command as the Sabbath of rest from and jury labor, and dedicated to the worship of God, shall be subject to perform military duty or jury duty in a justices court, on such day, except that such persons shall be subject to perform military duty on such day in case of invasion, insurrection, or in time of war. to be serv $2. Any person who shall knowingly and maliciously cause Process not or procure any process issued from a justices court, in a civil ed. suit, to be served on said day upon any such person, or who shall serve any such process which shall be made returnable on said day, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, or both. § 3. Any person who shall in like manner procure any such Ib. suit, pending in such court against any person of such religious faith and practice, to be adjourned, to be tried on said day, shall be deemed guilty of a misdemeanor, and subject to like punishment. S4. The act entitled, "An act in relation to Seventh Day Repeal. Baptists," passed May 7, 1839, is hereby repealed. CHAP. 272. AN ACT to prevent the sale of strong or spirituous liquors The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. No tavern-keeper, grocer, or other dealer in strong or Liquor, not spirituous liquors, shall, directly or indirectly, sell or cause to to paupers. be sold, any strong or spirituous liquor to any pauper, knowing him or her to be such pauper as aforesaid. to be pur $2. No person shall, directly or indirectly, receive, or cause clothes not to be received, by purchase or otherwise, from any such pau- chased from per or person, any clothing or effects whatsoever, knowing, or them. having reason to know, that such clothing or effects were in |