Page:1864-65 Territory of Dakota Session Laws.pdf/125

Rh action, by the county superintendent of public instruction of the county in which the offence was committed, for the benefit of common schools in said county.

Sec. 390. Every person who wins or loses at play or by betting, at any time, the sum or value of twenty five dollars or upwards, within the space of twenty-four hours, is punishable by a fine not less than five times the value or sum so lost or won, to be recovered in a civil action, by the person, and for the purpose mentioned in the preceding section.

Sec. 391. No person shall be excused from giving any testimony or evidence upon any investigation or proceeding for a violation of this chapter, upon the ground that such testimony would tend to convict him of a crime; but such testimony or evidence shall not be received against him upon any criminal investigation or proceeding.

Sec. 392 Every person who keeps any building, or part of any building, or any vessel or float to be used or occupied for gambling, and every owner, agent or superintendent of any such place who knowingly leis the same or allows it to be used or occupied for gambling, is guilty of a misdemeanor.

Sec. 393. Every person who, for gambling purposes, keeps or exhibits any gambling table, establishment, device or apparatus, or is guilty of dealing “faro" or banking for others to deal “faro" or acting as "look-out” or game-keeper for the game of “aro," or any other banking game where money or property is dependent upon the result, or who sells or vends what are commonly called lottery policies, or any writing, card, paper or document in the nature of a bet, wager, or insurance upon the drawing or drawn numbers of any public or private lottery, or indorses a book or any other document for the purpose of enabling others to sell or vend lottery policies, is deemed a common gambler, and is punishable as for a misdemeanor.

Sec. 394. Every person who is authorized or enjoined to arrest any person for a violation of the provisions of this chapter is equally authorized and enjoined to seize any table, cards, dice or other article or apparatus, suitable to be used for gambling purposes, found in the possession or under the control of the person so arrested, and to deliver the same to the magis-