Page:1862-63 Territory of Dakota Session Laws.pdf/84

Rh gaming devices; but the testimony which may be given by such person shall in no case bo used against such witness.

Sec. 6. All fines and forfeitures mentioned in this chapter may be recovered before any justice of the peace, in, and in the name of, and for the use of the county where such offense may have been committed.

Sec. 7. It all be the duty of the district attorney, upon notice of commencement of a suit under any of the provisions of this chapter, to immediately prosecute the same, in the name of, and for the use of their respective counties.

Sec. 8. If any person shall, by playing at cards, dice, or other game, or by betting on the hands or sides of such as are gaming, lose to any person so playing or betting any sum of money, or any goods whatever, and shall pay or deliver the same or any part thereof to the winner, the person so losing and paying or delivering the same, may sue for and recover such money by a civil action, before any court having competent jurisdiction.

Sec. 9. In any suit to be brought as provided in the preceding section, by the person so losing any such money or goods, against the person winning the same, when it shall appear from the complaint that the said money or goods came to the hands of the defendant by gaming, if the plaintiff when required by the court before whom the cause is tried, shall make oath that the said money or goods were lost by gaming with the defendant, as alleged in the complaint, judgment shall be rendered that the plaintiff recover damages to the amount of the said money or goods, unless the defendant will make oath that he did not obtain the same, or any part thereof by gaming; and if he shall so discharge himself on oath, he shall recover of the plaintiff his costs: Provided, that the plaintiff may, at his election, maintain and prosecute his action according to the usual course of proceedings in civil actions.

Sec. 19. All notes, bills, bonds, mortgages or other securities or conveyances whatever, in which the whole or any part of the consideration shall be for any money or goods won by gaming or playing at cards, dice, or any other game whatever, or by letting on the sides or hands of any persons gaming, or for reimbursing or repaying any money knowingly lent or advanced