Page:1862-63 Territory of Dakota Session Laws.pdf/83

74 lottery, contrary to the provisions of this chapter, shall be forfeited to the use of the territory, and may be recovered by an information to be filed, or by a civil action, to be brought by the attorney general or any district attorney in the name and on behalf of the said territory.

Section 1. All e. o. or rolette tables, faro or pharo banks and all gaming with cards, gaming tables or gambling devices whatever, are hereby prohibited from being set up or used for gaming or gambling purposes in this territory.

Sec. 2. Every person who shall deal cards at the game called faro, pharo, or forty-eight, whether the same shall be dealt with fifty-two, or any other number of cards, and every person who shall keep to be used in gaming, any gambling device whatever, designed to be used in gaming, shall forfeit and be punished by fine not exceeding one hundred, nor less than fifty dollars.

Sec. 3. Every person who shall bet any money, or other property at or upon any gaming table, game or device, prohibited by this chapter, shall be punished by fine not exceeding twenty, nor less than five dollars.

Sec. 4. Every person who shall suffer any gaming table, bank or gambling device prohibited in this chapter, to be set up or used for the purpose of gaming, in any house, building, steamboat, raft, keelboat, or boom, lot, yard or garden to him belonging, or by him occupied, or of which he has the control, shall forfeit and be punished by fine, not exceeding one hundred, nor less than seventy-five dollars.

Sec. 5. No person shall be incapacitated or excused from testifying touching any offense committed by another against any of the provisions of this chapter, relating to gaming, by reason of his having let or played at the prohibited games or