Page:1862-63 Territory of Dakota Session Laws.pdf/82

Rh may be purchased or obtained, or shall in any way invite or entice, or attempt to invite or entice any other person to purchase or receive the same, shall be punished by fine not exceeding one hundred dollars.

Sec. 5. Every person who shall make or sell, or shall have in his possession with intent to sell, exchange, or negotiate, or who shall, by printing, writing, or otherwise, assist in making or selling, or in attempting to sell, exchange, or negotiate any false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token, or other device before mentioned, or any ticket or share thereof, in any fictitious or pretended lottery, knowing the same to be false or fictitious, or who shall receive any money, or other thing of value, for any such ticket or share of a ticket, or for any such writing, certificate, bill, token, or other device, purporting that the owner, bearer, or holder thereof shall be entitled to receive any prize, or any share of such prize, or any other thing of value, that may be drawn in any lottery, knowing the same to be false or fictitious, shall, for every such offense, be punished by imprisonment in the territorial prison not exceeding two years, nor less than six months.

Sec. 6. Upon a trial of an indictment for either of the offenses mentioned in the preceding section, any ticket or share of a ticket, or any other writing or thing before mentioned which the defendant shall have sold or offered for sale, or for which he shall have received any valuable consideration, shall be deemed to be false, spurious or fictitious, unless such defendant shall prove the same to be true and genuine, and to have been duly issued by the authority of some legislature within the United States, and that such lottery was existing and undrawn, and that such ticket or share thereof or other writing or thing before mentioned, was issued by lawful authority and binding upon the persons who issued the same.

Sec. 7. All sums of money, and every other valuable thing drawn as a prize, or share of a prize in any lottery, by any person being an inhabitant or resident within this territory, and all sums of money and other things of value received by such person by reason of his being the owner or holder of any ticket or share of a ticket in any lottery, or any pretended to the territory.