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Sec. 414 (3825). Futures, office for sales of.

If any person, corporation or other association of persons, either as principal or agent, shall establish or open an office or other place of business in this state for the purpose of carrying on or engaging in any business of making contracts to sell and deliver any cotton, indian corn, wheat, rye, oats, tobacco, meal, lard, bacon, salt pork, salt fish, beef cattle, sugar, coffee, stocks, bonds and choses in action, at a place and at a time specified and agreed upon therein, to any other person, whether the person to whom such article is agreed to be sold and delivered shall be a party to such contract or not, when, in fact, and notwithstanding the terms expressed of such contract, it is not intended by the parties thereto that the articles or things so agreed to be sold and delivered shall be actually delivered, or the value thereof paid, but it is intended and understood by them that money or other thing of value shall be paid to the one party by the other, or to a third party, the party to whom such payment of money or other thing of value shall be made to depend, and the amount of such money or other thing of value so to be paid to depend upon whether the market price or value of the article so agreed to be sold and delivered is greater or less at the time and place so specified than the price stipulated to be paid and received for the articles so to be sold and delivered; or for making contracts commonly called "futures" as to the several articles and things hereinbefore specified, or any of them, by whatever other name called, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined and imprisoned at the discretion of the court.

1889, c. 221, s. 1; 1905, c. 538, ss. 1, 2.

Sec. 415 (3826). Futures, office for sales of; evidence.

No person shall be excused on any prosecution under the three next preceding sections from testifying touching anything done by himself or others contrary to the provisions of such sections, but no discovery made by the witness upon such examination shall be used against him in any penal or criminal prosecution, and he shall be altogether pardoned of the offense so done or participated in by him. In all such prosecutions proof that the defendant was a party to a contract as agent or principal to sell and deliver any article, thing or property specified or named in such sections, or that he was the agent, directly or indirectly, of any party in making, furthering or effectuating the same, or that he was the agent or officer of any corporation or association or person in making, furthering or effectuating the same, and that the article,

thing or property agreed to be sold and delivered was not actually delivered, and that settlement was made or agreed to be made upon the difference in value of said article, thing or property shall constitute against such defendant prima facie evidence of guilt. Proof that any person, corporation or other association of persons, either as principals or agents, has established an office or place where are posted or published from information received the fluctuating prices of grain, cotton, provisions, stocks, bonds and other commodities, or of any one or more of the same, shall constitute prima facie evidence of being guilty of violating the three preceding

sections.

1905, c. 538, ss. 3, 4, 6.

The statutes forbidding the running of a bucket-shop are clearly within the police power of the state. McGinnis, 138-724; 51 S. E. 50.

The act of 1905 is not void under the fourteenth amendment to the constitution of the United States on the ground that the 7th section of the act provides that the act "shall not be construed so as to apply to any person, etc., engaged in the business of manufacturing or wholesale merchandising in the purchase or sale of the necessary commodities required in the ordinary course of their business." McGinnis, 138-724; 51 S. Ê. 50.

GAMBLING.

Sec. 416 (3717). Gambling, faro-banks and tables.

If any person shall open, establish, use, or keep a faro-bank or a faro-table, with the intent that games of chance may be played thereat, or shall play or bet thereat any money, property, or thing of value, whether the same be in stake or not, he shall be guilty of a misdemeanor, and fined at least two hundred dollars and imprisoned not less than three months.

Code, s. 1044; R. C., c. 34, s. 71; 1848, c. 34; 1856-7, c. 25.

Sec. 417 (3719). Gaming tables; allowing, on premises.

If any person shall knowingly suffer to be opened, kept or used in his house or any part of the premises occupied therewith, any of the gaming tables by this chapter prohibited, he shall forfeit and pay to any one who will sue therefor two hundred dollars, and shall also be guilty of a misdemeanor and fined and imprisoned. Code, s. 1046; R. C., c. 34, s. 73; 1798, c. 502, s. 3; 1800, c. 5, s. 2.

Sec. 418 (3718). Gaming tables, betting thereat.

If any person shall establish, use or keep any gaming table (other than a faro-bank) by whatever name such table may be

called, at which games of chance shall be played, he shall on conviction thereof be fined not less than two hundred dollars, and be imprisoned not less than thirty days; and every person who shall play thereat or thereat bet any money, property or thing of value, whether the same be in stake or not, shall be guilty of a misdemeanor, and fined not less than ten dollars.

Code, s. 1045; R. C., c. 34, s. 72; 1791, c. 336; 1798, c. 502, s. 2.

A motion in arrest of judgment on the ground that the bill contains a count for keeping a gaming-house and also a count for playing cards, can not be sustained. Morgan, 133-746; 45 S. E. 1033.

DWELLING-HOUSE OR SLEEPING-APARTMENT.-The evidence was that defendant occupied two adjoining rooms in the second story of a building, one of which contained two beds and the other bed-room furniture, and that numerous persons, both by night and day, assembled in these rooms for the purpose of betting money on games of cards played therein; that money was staked on the games, and that defendant, when present, acted as banker in the games of poker: Held, that defendant was guilty, and that it was not necessary that it should be alleged or proven that the games played were games of chance, and that the fact that the apartments were used as the dwellinghouse or sleeping-chamber of defendant was no defense. Black, 94-809.

INDICTMENT. An indictment under this statute is good, though it fails to state the offense was committed "unlawfully and willfully." Distinguishing State v. Simpson, 73 N. C., 269. Howe, 100-449; 5 S. E. 671.

Where the indictment charges the keeping of a gaming-table called a "shuffle-board," and the jury finds that defendants kept a public gaming-table called a shuffle-board, and that divers persons played thereat and bet spirituous liquors on the games, but that the games were not games of chance, but were games of skill, the verdict negatives the indictment, and defendants must be acquitted. Bishop, 30 (8 Ired.), 266.

An indictment which fails to charge that the game played was one of chance, and that it was played at a place or table where games of chance are played, will be quashed. Norwood, 94–935.

TEN-PINS.-Ten-pin is not a game of chance, and playing such game is not indictable under this statute. Gupton, 30 (8 Ired.), 271.

Sec. 419 (3721a). Provisions of section 1637 applicable to section 3721.

The provisions of section one thousand six hundred and thirtyseven of the Revisal of nineteen hundred and five of North Carolina be, and they are, hereby made applicable to section three thousand seven hundred and twenty-one, and that the immunity in said section one thousand six hundred and thirty-seven be, and it is hereby, extended and made applicable to any person examined under oath under said section three thousand seven hundred and twenty-one before the issuance of any process as well as upon the trial of any action in which he may be called to testify.

1913, c. 141.

Sec. 420 (3720). Gaming tables destroyed by justices.

All justices of the peace, sheriffs, constables, and officers of police are hereby authorized and directed, on information made. to them on oath that any gaming table prohibited to be used by this chapter is in the possession or use of any person within the limits of their jurisdiction, to destroy the same by every means in their power; and they shall call to their aid all the good citizens of the county, if necessary, to effect their destruction.

Code, s. 1049; R. C., c. 34, s. 74; 1791, c. 336; 1798, c. 502, s. 2.

Sec. 421 (3721). Gambling; justices and other officers to summon witnesses.

All justices of the peace, intendants and magistrates of police, mayors of towns, and judges of the supreme or superior court, who shall have good reason to believe that any person within their jurisdiction has knowledge of the existence and establishment of any faro-bank or faro-table, or gaming tables, prohibited by this chapter, or place where intoxicating liquors are sold contrary to law, in any town or county within their several jurisdictions, and such person not being minded to make voluntary information thereof on oath, then it shall be lawful for such justice of the peace, intendant and magistrate of police, mayor of town, or judge of supreme or superior court, to issue to the sheriff of the county, or any constable of the town or township in which said faro-bank or faro-table, or gaming table or tables, or place where intoxicating liquors are sold contrary to law, are supposed to be, a subpoena, capias ad testificandum, or summons in writing, commanding such person to appear immediately before said justice of the peace. intendant or magistrate of police, mayor or judge, and give evi dence on oath as to what he may know touching the existence, establishment and whereabouts of said gaming table or tables, faro-bank or faro-table, or places where intoxicating liquors are sold contrary to law, and the names and personal description of the keepers thereof; and such evidence when obtained shall be considered and held in law as an information on oath, and said justice, intendant, magistrate, mayor or judge, may thereupon proceed to seize and arrest said keepers and destroy said tables, or issue process therefor, in like manner as they do by authority of the preceding section. The provisions of section 1637 of the Revisal of 1905 are hereby made applicable to this section, and the immunity in said section 1637 be and it is hereby extended

and made applicable to any person examined under oath under this section before the issuance of any process as well as upon the trial of any action in which he may be called to testify.

Officers authorized to issue process under this section also have jurisdiction in case of giving away or otherwise dispensing cocaine, alpha or beta eucaine, or any mixture of either.

Code, s. 1050; 1858-9, c. 34, s. 1; 1889, c. 335; 1913, c. 141; 1913, c. 81.

Sec. 422 (3715). Gambling.

If any person play at any game of chance at which money, property or other thing of value is bet, whether the same be in stake or not, both those who play and those who bet thereon shall be guilty of a misdemeanor.

1891, c. 29.

Note. For dealing in futures, see ss. 3823-3826.

The game known as "ten-pins," like its kindred English game of "bowls," is not a game of chance within the meaning of this statute. King, 113—631; 18 S. E. 169.

An allegation that defendants did unlawfully and willfully play at a game of cards at which money was bet sufficiently describes a game of chance. Taylor, 111-680; 16 S. E. 168.

This statute does not prohibit social diversions in which the hostess offers prizes for the most successful or least successful player at cards or other games, for, though the games are games of chance, the players bet nothing. DeBoy, 117-702; 23 S. E. 167.

This statute does not apply to the prevailing custom of "shooting for beef," and other similar trials of skill, for which the participant pays for the "chance" or privilege of shooting, there being no chance in the sense of the acts against gambling. DeBoy, 117-702; 23 S. E. 167.

One who gets up a raffle or throws dice for those who engage in it is liable as a principal. De Boy, 117-702; 23 S. E. 167.

Where several parties each put up a piece of money and then decide, by throwing dice, who shall have the aggregate sum or "pool," the game is one of chance, and the fact that the aggregate sum is exchanged for a turkey and the transaction is denominated a "raffle" does not change the character of the game. DeBoy, 117-702; 23 S. E. 167.

An infant under fourteen years of age, who played at a game of chance called "shooting craps," well-knowing the difference between right and wrong, but who did not know the act was unlawful, is not indictable for gambling, Yeargan, 117-706; 23 S. E. 153.

The state can not be required to elect because the bill contains two counts, one for keeping a gaming-house, and the other for playing cards therein. Morgan, 133-746; 45 S. E. 1033.

It is not necessary that the game should be played by ordinary cards; any other means or devices will do as well as cards. Morgan, 133-745; 45 S. E. 1033.

It is not necessary to charge in an indictment for keeping a gaming-house that the games were games of chance. Morgan, 133-744; 45 S. E. 1033.

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