Page:1864-65 Territory of Dakota Session Laws.pdf/122

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110
PENAL CODE.

tery; and every person who receives any valuable consideration upon any agreement. to pay any sum, or to deliver any property or thing in action in the event that any ticket, share or interest in any lottery, or any number, or ticket, or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not drawn on any particular day, or in any particular order; and every person who promises, agrees or offers to pay any sum of money or to deliver any property or thing in action, or to do, or forbear to do anything for the benefit of any other person, with or without consideration, upon any event whatever connected with any lottery, is guilty of a misdemeanor.

Sec. 380. Every person who by writing or printing, by circulars or letters, or in any other way, advertises or publishes any offer, notice, proposal for any violation of the last section, is guilty of a misdemeanor.

Sec. 381. All property offered for sale, distribution or disposition, in violation of the provisions of this chapter, is forfeited to the people of this territory, as well before as after the determination of the chance on which the same was dependant. And it is the duty of the respective district attorneys, to demand, sue for and recover, in behalf of this Territory, all property so forfeited, and to cause the same to be sold when recovered, and to pay the proceeds of the sale of such property, and any moneys that may be collected in any such suit, into the county treasury, for the benefit of common schools.

Sec. 382. Every person who lets, or permits to be used any building or portion of any building, knowing that it is intendded to be used for any of the purposes declared punishable by this chapter, is guilty of a misdemeanor.

Sec. 383. The provisions of this chapter apply in respect to lotteries drawn or to be drawn out of this Territory, whether authorized or not by the laws of the state where they are drawn or to be drawn, in same manner as to lotteries drawn or to be drawn within this territory.

Sec. 384. The provisions of sections 375 and 378 are applicable wherever the advertisement was published, or the letter