Page:Revised Codes of the State of North Dakota 1895.pdf/1315

Gaming. § 7235. Exacting payment. Every person who exacts or receives from another, directly or indirectly, any valuable consideration, by reason of the same having been won by playing at cards, faro or any other game at chance, or any bet or wager whatever upon the hands or sides of players, forfeits five times the value of the consideration so exacted or received, to be recovered in a civil action, by the county superintendent of common schools of the county in which the offense was committed, for the benefit of common schools in said county.

§ 7236. No witness' privilege. 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.

§ 7237. Keeping place for gambling. 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 lets the same or allows it to be used or occupied for gambling, is guilty of a misdemeanor.

§ 7238. Keeping conveniences for gambling. 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 lookout or gamekeeper for the game of faro, 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.

§ 7239. Seizure of implements authorized. 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 magistrate before whom the person so arrested is required to be taken.

§ 7240. Summary disposition of implements. The magistrate to whom anything suitable to be used for gambling purposes is delivered, pursuant to the foregoing section, shall, upon the examination of the accused, or if such examination is delayed or prevented, without awaiting such examination, determine the character of the thing so delivered to him and whether it was actually employed by the accused in violation of the provisions of this chapter; and if he finds that it is of a character suitable to be used for gambling purposes and that it has been used by the accused in violation of this chapter, he shall cause it to be destroyed or to be delivered to the state's attorney of the county in which the accused is liable to indictment or trial, as the interests of justice in his judgment require.

§ 7241. Destruction of implements. Upon the conviction of the accused such state's attorney shall cause any such thing suitable to be used for gambling purposes, in respect whereof the accused 1281