The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-03-11


SECTION livery person who CON
.fi'eS' prepares, sets up, draws, main
talns or conducts or assists in naintajDino
or conducting any lottery is guilty Of a
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 for 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
triDuted 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 3-Every person who 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 ior 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 Acknowledgement
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, fan tan, or any banking or per
centage game played with cards, dice OF
any devices for money, checks, credit OF
any representative OF value OF
any other game in which money
or anything Of value is lost OF
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 a mis-.
demeanor.
SECTION 6-EVery person who by the
game OF "three card monte" "shel
game" or any other game, device, sleigh
OF hand, pretention to fortune telling
trick or other means whatever by use o
cards or other implements or instru
ments, or while betting on sides or hand
OF any such play or game, fraudulent.
obtains from another person none
or anything OF value is guilty of mis-
demeanOr.
SECTIoN Every person duly sun
moned as witness for the prosecutio
on any proceeding had under this AZ
who negects or refuses to attend as n
CURED, is guilty of misdemeanor.
SECTION S-No person otherwise con
petent rs witness IS disqualified irol
testifying as such concerning any oitens
committed under this Act on the grounC
that such testimony might criminal
himself, but no prosecution can aite
wards be had against him for any sue
otiense concerning which he has test
fed.
SECTION 9-Every person who let's
permits to be used any building or vess
or any portion thereof, knowing that it
TO be used for setting up, managing
drawing any lottery, or for the purpose
selling or disposing of lottery ticket
chance, share or INTEREST," in or dependil
upon the event of any lottery, or W
knowingly permits any game or gam
prohibited by this Act TO be played, CO
Quoted or dealt in any building or YES;
owned or rented by such person in whC
or in part, is guilty of misdemenor.
SECTIoN 1O-Every person guilty OF
misdemeanor as provided in this 4
shall be punishable by fine OF not mt
than one thousand dollars or imprist
ment at hard labor not exceeding o
year.
SECTION 11-District Magistrates sh
have jurisdiction to try and determine
cases arising under this Act.
SECTION 12-No suit or prosecute
pending for any offense committed or
the recovery OF any penalty or Forfeit
incurred under any law heretofore ena
ed shall in any case be affected by
passage of this Act.
- SECTION l3-The following laws a
parts Of laws are hereby repealed:
Section l of Chapter SO of the Pc
Code.
Chapter OF the Session Laws OF is
Chapter % Of the Session Laws of is
Chapter II of the Session Laws OF Is
Chapter Il OF the Session Laws Of is
Section rs of the Civil Code and Sect
% of Chapter So OF the Penal Code.
SECTION 14-Section SO OF the G
Code and Section %, Chapter So of
Penal Code are hereby amended
striking out the following words, to "
''Nor allow any gaming on such table
alley"
SECTION 15-This Act shall take ell
upon publication.
Approved this 9TH day OF March, 4.
1898