Page:United States Statutes at Large Volume 52.djvu/240

 75TH CONG. , 3D SESS.-CH. 72-APR. 5, 1938 "SEC. 863. (a) If any person shall within the District have in his possession, knowingly, any ticket, certificate, bill, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for the purpose of playing, carrying on, or conducting any lottery, or the game or device commonly known as policy lottery or policy, he shall be fined upon conviction of each said offense not more than $500 or be imprisoned for not more than six months, or both." SEC. 3. Section 911 of such Act is hereby amended to read as follows: "SEC. 911. Upon complaint, under oath, before the police court, or a United States commissioner, setting forth that the affiant believes and has good cause to believe that there are concealed in any house or place articles stolen, taken by robbers, embezzled, or obtained by false pretenses, forged or counterfeited coins, stamps, labels, bank bills, or other instruments, or dies, plates, stamps, or brands for making the same, books or printed papers, drawings, engravings, photographs, or pictures of an indecent or obscene character, or instruments for immoral use, or any gaming table, device, or appa- ratus kept for the purpose of unlawful gaming, or any lottery tickets or lottery policies, or any book, paper, memorandum, or device for or used in recording any bet or deposit of money or thing or con- sideration of value received for any share, ticket, certificate, writing, bill, slip, or token in any pool or lottery or as a wager on or in connection with any race, game, contest, election, or other gambling transaction or device of an unlawful nature as defined in sections 863, 864, 865, 866, 868, and 869, of the Act of March 3, 1901, as amended and supplemented, particularly describing the house or place to be searched, the things to be seized, substantially alleging the offense in relation thereto, and describing the person to be seized, the said court or United States commissioner may issue a warrant either to the marshal or any officer of the Metropolitan Police com- manding him to search such house or place for the property or other things, and, if found, to bring the same, together with the person to be seized, before the police court or United States commissioner issuing said warrant, as the case may be. "The said warrant shall have annexed to it, or inserted therein, a copy of the affidavit upon which it is issued, and may be substantially in the form following: "'Whereas there has been filed before an affidavit, of which the following is a copy [here insert]. These are therefore to command you to enter [here describe the place] and there dili- gently search for the said articles, goods, or chattels in the said affidavit described, and that you bring the same, or any part thereof, found on said search and also the body of -- - before the police court, or United States commissioner, as the case may be, to be dealt with and disposed of according to law."' SEC. 4 . Section 914 of such Act is hereby amended by adding a new paragraph thereto, the same to read as follows: "If the property seized be articles, games, devices, or contrivances maintained, kept, set up, or used in violation of sections 863, 863 (a), 864, 865, 866, 867, 868, or 869 of this code, they may be ordered destroyed, under direction of court, irrespective of any trial or the outcome thereof." SEC. 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provisions to other persons or cir- cumstances, shall not be affected thereby. Approved, April 5, 1938. Possession of lottery ticket, slip, etc. Penalty. 31 Stat. 1337. 6 D. C. Code §357. Searches. Stolen, etc., articles. Counterfeits, for- geries, etc. Unlawful gaming devices, etc. Books for recording bets, etc. 31 Stat. 1330, 1331. 6 D.C. Code §§151- 154, 156, 157. Description of place to be searched, things and person to be seized. Warrant. Affidavit to be an. nexed. Form. 31 Stat. 1338 . Disposition of seized property. Saving clause. 199 52 STAT. ]

�