CHAPTER XXXIX.

 

GAMING.

 

CONTENTS.

 

SECTION 1.  Gaining defined.

2.   Degrees.

3.     Punishment for first degree.

4.     Punishment for second degree.

5.     The loser may sue for and recover the thing lost.

6.     When officers or ether persons may sue for and recover.

7.     All notes, bills, conveyances of land, etc, tainted with gaming are void.

8.     Both parties competent witnesses.

 

1. Whoever by playing at cards, or any other game, wins or loses any sum of money or thing of value is guilty of gaming.

 

2.   Gaming is of two degrees, viz: gaming on the Lord’s day; mind where any person shall at any one time or sitting win or lose twenty-five dollars or more is of the first degree, and other gaming is of the second degree.

 

3.   Whoever is guilty of gaming of the first degree shall be punished by fine not exceeding ten times the value of the money or other thing won or lost, or by imprisonment at hard labor met exceeding sixty days.

 

4.  Whoever is guilty of gaming of the second degree shall be punished by fine not exceeding fifty dollars or imprisonment at hard labor net more than thirty days.

 

5.        Whoever shall by playing at cards or any other game, or by betting on the sides or hands of such as do play, lose any sum of money, or thing of value, and shall pay or deliver the same or any part thereof, may sue for and recover the money or value of the thing so lost and paid or delivered, from the winner thereof.

 

6. In case the person so losing such money or any thing of value shall net within three months after such loss, in good faith and without collusion, prosecute with effect and without unreasonable delay for such money or other thing of value, it shall be lawful for any constable or other officer or person to sue for and recover, treble the value of such money or other thing, with full costs of suit, the one half of which shall go to the person so prosecuting, and the other half to the government, for the use of common schools.

 

7.   All notes, bills, bounds, mortgages or ether securities or conveyances whatever, in which the whole or any part of the consideration shall be for any money or other thing of value won by playing at cards, or any other game, or by betting out the sides or hands of any person gaming, or for reimbursing or repaying any money, knowingly lent or advanced for any gaming or betting, or but and advanced at the time and place of such gaming and betting, to any person so gaining and betting shall be void and of no effect, as between the parties to the same, and as to all persons, except such as shall held or damn under them, in good faith and without notice of the illegality of the consideration of such contract or conveyance, and whenever any mortgage or other conveyance of hands shall be adjudged void, under the provisions of this section, such lands shall ensure to the sole use of and benefit of such person as would be then entitled thereto, if the mortgagor or grantor were naturally dead; and all grants or conveyances for preventing such hands from coming to or devolving upon the person to whose use and benefit the said lands would so ensure, shall be deemed fraudulent and of no effect.

 

8.  In every suit brought to recover any money or other thing of value, as provided in section fifth of this chapter, both the plaintiff and defendant shall be competent witnesses; and no person other than the parties shall be excused from testifying, touching any offense committed against any of the foregoing provisions relating to gaming, by reason of having played, betted or staked at any game; but the testimony of any such person shall not be used against him in any suit or prosecution authorized by any of the foregoing provisions.