The Hawaiian gazette., 1893-03-28

ands:
SECTION Every person who con-
trives, prepares, sets up, draws, main
tains or conducts or assists in maintaining
or conducting any lottery is guilty OF
misdemeanor.
SECTION "A lottery is any scheme for
the disposal or distribution OF property
by chance among persons who have paid
or promised to pay any valuable con-
sideration tor the chance Of obtaining
such property, or a portion of it, or for
any share or any interest in such pro-
perty upon any agreement, understand
ing or expectation that it is to be dis
triouted or disposed OF by lot or chance,
whether called lottery, rattle, che ia,
pakapio, gift enterprise or by whatever
name the same may be known.
SECTION S-Every person vino sells or
buys, gives or receives, has in possession
or in any manner whatever deals with
any ticket, chance, share, or interest, or
any paper, certificate or instrument pur-
porting or understood to be or to represent
any ticket, chance, share or interest in
or depending upon the event OF any lot
terry, is guilty OF misdemeanor.
SECTION ALI moneys or property
offered Tor sale or distribution IN viola
ton OF any OF the provisions of this Act
are forfeited to the Government and may
be recovered by information filed or by
action brought by the Attorney General
or his authorized representative.
SECTION 5-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,
tan, ian tan, or any banking or per-
centage game played with cards, dice or
any devices ior money, checks, credit or
any representative OF value or
any other game in which money
or anything of value is lost or
won, and every person who plays or bets
at or against any OF said prohibited game
or games, and every person present
where such game or games are being
played or carried on, is guilty of mis-
demeanor.
SECTION 6-Every person who by the
game Of "three card monte,'' "shell
game" or any other game, device, sleight
OF hand, pretention to fortune telling,
trick or other means whatever by use of
cards or other implements or instru-
ments, or while betting on sides or hands
OF any such play or game, fraudulently
obtains from another person money
or anything of value is guilty OF mis-
demeanor.
SECTION Livery person duly sum-
moned as a witness for the prosecution
on any proceeding had under this Act
who neglects or refuses to attend as re-
quired, is guilty of misdemeanor.
SECTION S-No person otherwise COM
petent as a witness Is disqualified from
testifying as such concerning any offense
committed under this Act on the grounds
that such testimony might criminate
himself, but no prosecution can after
wards be had against him for any such
offense concerning which he has testi-
fed.
SECTION a-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,
chance, share or interest in or depending
upon the event OF auy lottery, or who
knowingly permits any game or games
prohibited by this Act to be played, con-
Quoted or dealt in any building or vessel
owned or rented by such person in whole
or in part. is guilty of a misdemenor.
SECTION lO-Every person guilty OF a
misdemeanor as provided in this Act
shall be punishable by fine of not more
than one thousand dollars or imprison-
ment at hard labor not exceeding one
year.
SECTION l1-District Magistrates shall
have jurisdiction to try and determine all
cases arising under this Act.
SECTION I2-No suit or prosecution
pending for any ofense committed or for
the recovery of any penalty or forfeiture
incurred under any law heretofore enact
ed shall in any case be affected by the
passage of this Act.
SECTION 13-The following laws and
parts of laws are hereby repealed:
Section of Chapter 80 Of the Penal
Code.
Chapter OF the Session Laws of 1870.
Chapter % Of the Session Laws Of 1884.
G1o-,far Al of fba Gaooior arre ~ 1909