such contract or not, when, in fact, notwithstanding the terms expressed of such contract, it is not intended by the parties thereto that the articles or things so agreed to be sold and delivered shall be actually delivered, or the value thereof paid, but it is intended and understood by them that money or other thing of value shall be paid to the one party by the other, or to a third party, the party to whom such payment of money or other thing of value shall be made to depend, and the amount of such money or other thing of value so to be paid to depend upon whether the market price or value of the article so agreed to be sold and, delivered is greater or less at the time and place so specified than the price stipulated to be paid and received for the articles so to be sold and delivered; and every contract commonly called "futures" as to the several articles and things hereinbefore specified, or any of them, by whatever other name called, and every contract as to the said several articles and things, or any of them, whereby the parties thereto contemplate and intend no real transaction as to the article or thing agreed to be delivered, but only the payment of a sum of money or other thing of value, such payment and the amount thereof and the person to whom the same is to be paid to depend on whether or not the market price or value is greater or less than the price so agreed to be paid for the said article or thing at the time and place specified in such contract, shall be utterly null and void and of no effect in law or equity; and no action shall be maintained in any court in this state to enforce any such contract, whether the same was made in or out of this state, or partly in and partly out of this state, and whether made by the parties thereto by themselves or by or through their agents, immediately or mediately; nor shall any party to any such contract, or any agent or agents of any such party, directly or remotely connected with any such contract in any way whatever, have or maintain any action or cause of action on account of any money or other thing of value paid or advanced or hypothecated by him or them in connection with or on account of such contract and agency.

When the defendant or defendants in any action pending in any court in this state shall allege specifically in his or their answer that the cause of action alleged in the complaint is in fact founded upon a contract such as is by this act made void, and such answer shall be verified, then, and in that case, the burden shall be upon the plaintiff in such action to prove by the proper evidence, other than any written evidence thereof, that the contract sued upon is a lawful one in its nature and purposes; that the defendant may likewise produce evidence to prove to the con

trary: Provided, nevertheless, that any allegation or statement of fact made in any pleading in any such action, or the evidence produced on the trial in any such action, shall not be evidence against the party making or producing the same in any criminal action against such party.

Every person who shall become a party to any such contract as is by this act made void, and every person who shall be the agent, directly or indirectly, of any such party in making or furthering or effectuating the same; and every agent or officer of any corporation who shall, in any way or manner, knowingly aid in making or furthering any such contract to which such corporation shall be a party, shall be deemed guilty of a misdemeanor, and on conviction in the superior court shall be fined not less than one hundred dollars nor more than five hundred dollars, and may be imprisoned in the discretion of the court.

Every person who shall, while in this state, consent to become a party to any such contract made in another state, and every person who shall, as agent of any person or corporation who shall become a party to any such contract made in another state, in this state do any act, or in any way aid in this state in the making or furthering such a contract so made in another state, shall be deemed guilty of a misdemeanor, and on conviction in the superior court shall be fined not less than fifty nor more than two hundred dollars, and may be imprisoned in the discretion of the

court.

GAMBLING.

SEC. 184. Betting at cards in tavern or retail house.

SEC. 185. Keeper of tavern or liquor-
shop permitting games.

SEC. 186. Faro-banks and tables.
SEC. 187. Gaming tables of every
kind prohibited.

SEC. 188. Person allowing gaming
tables on premises.

SEC. 189. Lotteries forbidden.

SEC. 190. Sale of lottery tickets forbidden.

SEC. 191. Justices and others officers to destroy gaming tables.

SEC. 192. Justices and other judicial officers to summon witnesses.

SEC. 193. Money or property bet to be seized.

SEC. 194. Persons opposing destruction of gaming tables and seizure of money punished.

SEC. 195. Unlawful whether property staked or not.

SEC. 196. Gambling at agricultural fairs.

SEC. 197. Betting on elections.

Sec. 184 (1042). Gambling; betting at cards in tavern or retail house, a misdemeanor. R. C., c. 34, s. 75. 1799, c. 526. 1801, c. 581. 1831, c. 26.

If any person shall het money, property, or other thing of value, whether the same be in stake or not, at any game of cards which shall be played in any ordinary, tavern, or house of entertainment, or in any house wherein spirituous liquors are retailed, or on any part of the premises occupied with such ordinary, tavern, house of entertainment, or house wherein spirituous liquors are sold as aforesaid, or shall play at such game of cards; the person so offending shall be guilty of a misdemeanor, and any fine imposed shall not be less than ten dollars.

Gambling in a house where liquors are retailed is indictable, whether such retailing be with or without license. Hawkins, 91-626.

The fact that the liquor-dealer had no license to sell is no defence. Terry, 20 (4 D. & B.), 185.

BETTING MUST BE CHARGED.-An indictment charging that defendants “unlawfully did play at a game of cards" without charging that they bet on the game, is defecctive. Brannen, 53 (8 Jones), 208.

Sec. 185 (1043). Gambling; keeper of tavern or liquor-shop, allowing games to be played in his house, guilty of a misdemeanor. R. C., c. 34, s. 76. 1799, c. 526. 1801, c. 581. 1831, c. 26.

If any keeper of an ordinary, or house of entertainment, or of a house wherein liquors are retailed, shall knowingly suffer any game, at which money or property, or anything of value, is bet, whether the same be in stake or not, to be played in any such house, or on any part of the premises occupied therewith; or shall furnish persons so playing or betting with drinks or other thing for their comfort or subsistence during the time of play, he shall be guilty of a misdemeanor, and fined not less than ten dollars, and be imprisoned not more than thirty days.

PUNISHMENT.-Punishment by a fine of $2,000 and imprisonment for thirty days for keeping a gamblinghouse in a building where liquors are retailed, is not excessive. Miller, 94-905.

PART OF HOUSE NOT UNDER LANDLORD'S CONTROL.-A tavern-keeper can not be convicted under this statute, where it appears that the room in which the game took place was a part of the house which had been let by the month for a shoe-shop, and was not under the control of the landlord. Keisler, 51 (6 Jones), 73.

Sec. 186 (1044). Gambling; faro-banks and tables prohibited. R. C., c. 34, s. 71. 1848, c. 34. 1856-'7, c. 25.

If any person shall open, establish, use, or keep a faro-bank, or a faro-table, with the intent that games of chance may be played thereat, or shall play or bet thereat any money, property, or thing

of value, whether the same be in stake or not, he shall be guilty of a misdemeanor and fined at least two hundred dollars and imprisoned not less than three months.

Sec. 187 (1045). Gambling; gaming-tables of every kind prohibited. R. C., c. 34, s. 72. 1791, c. 336. 1798, c. 502, s. 2.

If any person shall establish, use or keep any gaming-table (other than a faro-bank) by whatever name such table may be called, at which games of chance shall be played, he shall on conviction thereof be fined not less than two hundred dollars, and be imprisoned not less than thirty days; and every person who shall play thereat or thereat bet any money, property or thing of value, whether the same be in stake or not, shall be guilty of a misdemeanor, and any fine imposed on the offender shall not be less than ten dollars.

INDICTMENT. An indictment under this statute is good, though it fails to state that the offence was committed "unlawfully and willfully." Distinguishing State v. Simpson, 73 N. C., 269. Howe, 100-449.

Where the indictment charges the keeping of a gaming-table called a "shuffle-board," and the jury finds that defendants kept a public gamingtable called a shuffle-board, and that divers persons played thereat and bet spirituous liquors on the games, but that the games were not games of chance, but were games of skill, the verdict negatives the indictment, and defendants must be acquitted. Bishop, 30 (8 Ired.), 266.

An indictment which fails to charge that the game played was one of chance, and that it was played at a place or table where games of chance are played, will be quashed. Norwood, 94-935.

TEN-PINS. Ten-pins is not a game of chance, and playing such game is not indictable under this statute. Gupton, 30 (8 Ired.), 271.

Sec. 188 (1046). Gambling; person allowing gaming-tables on his premises indictable. R. C., c. 34, s. 73. 1798, c. 502, s. 3. 1800, c. 552.

If any person shall knowingly suffer to be opened, kept or used in his house or any part of the premises occupied therewith, any of the gaming-tables by this chapter prohibited, he shall forfeit and pay to any one who will sue therefor two hundred dollars, and shall also be guilty of a misdemeanor and fined and imprisoned.

DWELLING-HOUSE OR SLEEPING-APARTMENT.-The evidence was that defendant occupied two adjoining rooms in the second story of a building, one of which contained two beds and the other bed-room furniture, and that numerous persons, both by night and day, assembled in these rooms for the purpose of betting money on games of cards played therein; that money was staked on the games, and that defendant, when present, acted as banker in the games of poker: Held, that defendant was guilty, and that it was not necessary that it should be alleged or prove that the games played were games of chance, and that the fact that the apartments were used as the dwelling-house or sleeping-chamber of defendant was no defence. Black, 94-809.

Sec. 189 (1047). Gambling; lotteries forbidden. R. C., c. 34, s. 69. 1834, c. 19, s. 1. 1874-'5, c. 96.

If any person shall open, set on foot, carry on, promote, make or draw, publicly or privately, a lottery, by whatever name, style or title the same may be denominated, or known; or if any person, by such way and means, expose or set to sale any house or houses, real estate, or any goods or chattels, cash, or written evidence of debt, or certificates of claims, or anything of value whatsoever, every person so offending shall be guilty of a misdemeanor, and be fined not exceeding two thousand dollars, or imprisoned not exceeding six months, or both in the discretion of the court. Any person or society, association, company or organization of persons whatsoever, who engage in disposing of any species of property whatsoever, money or evidences of debt, or in any manner distribute gifts or prizes upon tickets or certificates sold for that purpose, shall be held liable to indictment and prosecution under this section.

Defendant sold to customers small boxes of candy of trifling value for the chance of designating with a stick one of certain pictures, behind some of which were small sums of money, and behind others were cards with the letter "C." If the purchaser happened to designate a picture with money behind it, he got the money, if one with the letter "C," he got another box of candy, but the purchaser did not know which of the pictures had money behind them or which had the card: Held, that defendant was guilty of maintaining a lottery. Lumsden, 89-572.

PURCHASERS OF TICKETS NOT INDICTABLE.-Persons who purchase lottery tickets are not indictable under this section. Bryant, 75-207.

CHARTER OF CORPORATION.-A right conferred in the charter of a corporation to dispose of property by means of lottery tickets is not a contract between the corporation and the state, but a mere privilege or license, and may be revoked at the will of the legislature. Morris, 77-512.

Sec. 190 (1048). Gambling; sole of lottery tickets forbidden. R. C., c. 34, s. 70. 1834, c. 19, s. 2. 1887, c. 211.

If any person shall sell, barter or dispose of any lottery ticket or order, for any number or shares in any lottery, or shall in anywise be concerned in such lottery, by acting as agent in the state for or on behalf of any such lottery, to be drawn and paid either out of or within the state, such person shall be guilty of a misdemeanor, and punished as in the preceding section. Any one who by writing or printing or by circular or letter or in any other way advertises or publishes an account of a lottery, whether within or without this state, stating how, when or where the same is to be or has been drawn, or what are the prizes therein or any of them, or the price of a ticket or any share or interest therein, or where or how it may be obtained, is guilty of a misdemeanor.