carried on for lucre and gain: United States v. Milburn, 4 Id. 719. And a house where rum is habitually sold on Sundays: State v. Williams, 30 N. J. L. 102. But a ten-pin alley is not per se a disorderly house: State v. Hall, 32 Id. 158. ally disturbed, or who keeps any inn in a disorderly manner; and every person who lets any apartment or tenement, knowing that it is to be used for the purpose of assignation or prostitution, is guilty of a misdemeanor. [Amendment, approved March 30, 1874; Amendments 1873-4, 430; took effect July 1, 1874.] Disorderly house.—A house kept for the meeting of men and women for illegal and obscene purposes, or for the purpose of enticing young girls there for debauchery, is a disorderly house: United States v. Gray, 2 Cranch C. Ct. 675. So is a house where common gaming is 317. Writing or publishing notices of means to procure abortion or miscarriage. SEC. 317. Every person who willfully writes, composes, or publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise, to assist in the accomplishment of any such purpose, is guilty of a felony. [New section, approved March 30, 1874; Amendments 1873-4, 430; took effect July 1, 1874. 318. Prevailing upon person to visit place kept for gambling or prostitution, misdemeanor. SEC. 318. Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purpose of gambling or prostitution is guilty of a misdemeanor, and upon conviction thereof shall be confined in the county jail not exceeding six months, or fined not exceeding five hundred dollars, or be punished by both such fine and imprisonment. [New section, approved April 16, 1880; Amendments 1880, 40 (Ban. ed. 336); took effect from passage.] 319. Lottery defined. CHAPTER IX. SEO. 319. A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or any interest in such property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. "This and the succeeding sections relating to lotteries are founded upon an act to prohibit lotteries, etc.: Stats. 1861, 229. No material changes in the legal effect have been made; but the law follows the language of the New York penal code, having in view greater terseness of expression: Governor of Almshouse v. American Art Union, 7 N. Y. 228; Bouv. Law Dict., tit. Lottery; Mass. Gen. Stats., 823, sec. 1. In the popular use of the abovementioned terms, a lottery is a distribution by chance of several prizes among purchasers of separate chances; a raffle is a disposal by chance of a single prize among purchasers of separate chances; and a gift enterprise is a disposal of property in mass to a body of shareholders, upon an understanding or expectation that they will decide it among themselves by chance. But as all schemes of this description are involved in a common condemnation and punishment, to retain these distinctions in the statute-book would serve no important purpose in defining the offense, while it would embarrass prosecutions by suggesting questions as to the requisite averments in the indictment. The law has, therefore, defined the word "lottery" broad enough to cover all these homogeneous devices, in order that that word may be intelligibly used as including all:" Commissioners' note. Lotteries.-Bouvier defines a lottery to be "a scheme for the distribution of prizes by lot or chance:" Bouv. Law Dict., tit. Lottery. See United States v. Olney, Deady, 461, for different definitions of this term. Any gift enterprise or raffle in which the public is invited to take shares for the distribution of prizes by chance is a lottery: State v. Clarke, 33 N. H. 329; Commonwealth v. Thacher, 97 Mass. 583; State v. Shorts, 32 N. J. L. 398; Hull v. Ruggles, 56 N. Y. 424; Governor etc. v. American Art Union, 7 N. Y. 228; Dunn v. People, 40 Ill. 465. The fact that there are no blanks in the enterprise makes it none the less a lottery: Wooden v. Shotwell, 23 N. J. L. 465; Randle v. State, 42 Tex. 580. The mere determination of questions by lot, when there is no distribution of prizes by chance, does not constitute a lottery: Commonwealth v. Manderfield, 8 Phila. 457. Section 26 of article 4 of the state constitution provides that "the legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale in this state of lottery or gift-enterprise tickets, or tickets in any scheme in the nature of a lot 320. Punishment for drawing lottery. tery." See Ex parte Blanchard, 9 Nev. 101, construing a similar provision in the constitution of Nevada. In Ex parte Smith, 40 Cal. 419, an act passed February 19, 1870, to aid the Mercantile Library Association, was held not to repeal the general law prohibiting lotteries. See People v. Kent, 6 Id. 89, as to the meaning of the expression "drawing a prize," as connected with lotteries. In 2 Whart. Crim. L., 8th ed., sec. 1493 et seq., and 2 Archb. Crim. Pl. 1775, 1776, the requisites of an indictment charging this offense, as well as the evidence necessary to support it, are considered at length. SEC. 320. Every person who contrives, prepares, sets up, proposes, or draws any lottery is guilty of a misdemeanor. 321. Punishment for selling lottery-tickets. SEC. 321. Every person who sells, gives, or in any manner whatever furnishes or transfers to or for any other person any ticket, chance, share, or interest, or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in or depending upon the event of any lottery, is guilty of a misdemeanor. 322. Aiding lotteries. SEC. 322. Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. 323. Lottery offices—Advertising lottery offices. SEO. 323. Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of, any ticket in any lottery, or who, by printing, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a misdemeanor. 324. Insuring lottery-tickets. SEC. 324. Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within this state or not, or who receives any valuable consideration upon any agreement to repay any sum, or deliver the same, or any other property, if any lottery-ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn, at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action, or property, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent on the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor. 325. Property offered for disposal in lottery forfeited. of any SEC. 325. All moneys and property offered for sale or distribution in violation of the provisions of this chapter are forfeited to the state, and may be recovered by information filed, or by an action brought by the attorney-general, or by any district attorney, in the name of the state. Upon the filing of the information or complaint, the clerk of the court, or if the suit be in a justice's court, the justice, must issue an attachment against the property mentioned in the complaint or information, which attachment has the same force and effect against such property, and is issued in the same manner, as attachments issued from the district courts in civil cases. 326. Letting building for lottery purposes. SEC. 326. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery-tickets, is guilty of a misdemeanor. 330. Gaming prohibited. CHAPTER X. SEC. 330. Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, stud-horse poker, seven and a half, twenty-one, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any other representative of value, is punishable by fine of not less than two hundred nor more than one thousand dollars, and shall be imprisoned in the county jail until such fine and costs of prosecution are paid, such imprisonment not to exceed one year; and every person who plays or bets at or against any of said prohibited game or games is guilty of a misdemeanor. [Amendment, approved March 14, 1885; Statutes and Amendments 1885, 135.] Gaming. At the common law, the playing at cards, dice, etc., when practiced innocently, and as a recreation, is not unlawful, nor punishable as any offense whatsoever: Bac. Abr., tit. Gaming; 2 Archb. Crim. Pl. 1788; but see Bryant v. Mead, 1 Cal. 441. In most of the states statutes have been adopted for the suppression of gambling, as being detrimental to the public good: See Stats. 1857, 267; Id. 1863, 723. Under the former act, which was substantially the same as section 330, an indictment charging the defendant with dealing the game of monte and playing for money was held sufficient: People v. Saviers, 14 Cal. 29. In People v. Beatty, Id. 566, that act was held constitutional. See People v. Markham, 7 Id. 208. Licensing gamblinghouses simply protects the party against a criminal prosecution; it does not give him a right to sue for a gaming debt: Bryant v. Mead, 1 Id. 444; Carrier v. Brannan, 3 Id. 328; see Poorman v. Mills, 39 Id. 345. In People v. Craycroft, 2 Id. 243, and People v. Raynes, 3 Id. 366, it was held that a failure to take out a license to conduct a gambling-house did not render such person liable in a civil action for the amount of the license, but that the only remedy was to proceed against him by indictment for carrying on an unlawful business. A writ of attachment will not lie in an action to recover from the defendants money which the Tan-Erroneous instruction in case of information charging defendants with playing tan: People v. Ah Oon, 56 Cal. 189. Imprisonment until fine is paid at the rate of a dollar a day cannot be adjudged under this section. The convicted person must either pay in money or serve out the term of imprisonment imposed: Ex parte Harrison, 63 Cal. 299. Visiting gambling-houses.-An ordinance of the city and county of San Francisco pun ishing the visiting of gambling-house is not in conflict with the above section or with the constitution of the state, and will support a judgment of conviction: Ex parte Chin Yan, 60 Cal. 78. 331. Permitting gambling in houses owned or rented. SEC. 331. Every person who knowingly permits any of the games mentioned in the preceding section to be played, conducted, or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in the preceding section. "Stats. 1860, 69, sec. 4. Under a former act, the owner of a house used for gaming purposes was not liable for fine imposed for gaming; owner, however, liable where gaming is done with his knowledge, both under the former act and the text: People v. Markham, 7 Cal. 208. The former act of 1857 is not materially different from the text or the act of 1860:" Commissioners' note. 332. Winning at play by fraudulent means. SEC. 332. Every person who by the game of "three-card monte," so called, or any other game, device, sleight-of-hand, pretensions to fortune-telling, trick, or other means whatever, by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently obtains from another person money or property of any description, shall be punished as in case of larceny of property of like value. [Amendment, approved April 16, 1880; Amendments 1880, 40 (Ban. ed. 339); took effect immediately.] 333. Witnesses neglecting or refusing to attend trial. SEC. 333. Every person duly summoned as a witness for the prosecution, on any proceedings had under this chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor. 334. Witness's privilege. SEC. 334. No person, otherwise competent as a witness, is disqualified from testifying as such concerning the offense of gaming, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against him for any offense concerning which he testified. 335. Duties of district attorneys, sheriffs, and others. SEC. 335. Every district attorney, sheriff, constable, or police officer must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this chapter, and every such officer refusing or neglecting so to do is guilty of a misdemeanor. "Stats. 1863, 723, sec. 1. This chapter is founded on the statute of 1860, p. 69, and the statute of 1863, p. 723. The language has been modified:" Commissioners' note. 336. Owner or lessee of drinking-place permitting minors to play at game of chance. SEC. 336. Every owner or lessee or keeper of any house used in whole or in part as a saloon or drinking place, who knowingly permits any person under twenty-one years of age to play at any game of chance therein, is guilty of a misdemeanor. [New section, approved March 24, 1874; Amendments 1873-4, 461; took effect sixtieth day after passage.] 337. Aiding or licensing gaming. SEC. 337. Every state, county, city, city and county, town, or township officer, or other person who shall ask for, receive, or collect any money, or other valuable consideration, either for his own or the public use, for and with the understanding that he will aid, exempt, or otherwise assist any person from arrest or conviction for a violation of section three hundred and thirty of the Penal Code; or who shall issue, deliver, or cause to be given or delivered, to any person or persons any license, permit, or other privilege, giving, or pretending to give, any authority or right to any person or persons to carry on, conduct, open, or cause to be opened, any game or games which are forbidden or prohibited by section three hundred and thirty of said code; and any of such officer or officers who shall vote for the passage of any ordinance or bylaw giving, granting, or pretending to give or grant, to any person or persons any authority or privilege to open, carry on, conduct, or cause to be opened, carried on, or conducted, any game or games prohibited by said section three hundred and thirty of the Penal Code-is guilty of a felony. [New section, approved March 12, 1885; Statutes and Amendments 1885, 113.] CHAPTER XI. PAWNBROKERS. 338. Pawnbroking without license. SEO. 338. Every person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above the rate of ten per cent per annum, except by authority of a license, is guilty of a misde meanor. 339. Failing to keep a register. SEC. 339. Every person who carries on the business of a pawnbroker, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or the name and residence of the pledgor, or to deliver to the pledgor a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor. 340. Pawnbrokers, what interest may charge. SEC. 340. Every pawnbroker who charges or receives interest at the rate of more than two per cent per month, or who by charging commissions, discount, storage, or other charge, or by compounding increases, or attempts to increase, such interest, is guilty of a misdemeanor. [Amendment, approved March 7, 1881; Statutes and Amendments 1881, 75; took effect immediately.] This section is constitutional, and the amendment of 1881 is not in conflict with the constitutional prohibition against local or special laws regulating the rate of interest on money: Ex parte Lichtenstein, 7 West Coast Rep. 287. 341. Selling before time of redemption has expired, or without notice. SEC. 341. Every pawnbroker who sells any article pledged to him and unredeemed, until it has remained in his possession six months after the last day fixed by contract for redemption, or who makes any sale without publishing in a newspaper printed in the city, town, or county, at least five days before such sale, a notice containing a list of the articles to be sold, and specifying the time and place of sale, is guilty of a misdemeanor. Limiting the interest which may be charged by pawnbrokers is not repugnant to section 11, article 1, of the constitution of this state: Jackson v. Shawl, 29 Cal. 267. 342. Refusing to disclose particulars of sale. SEO. 342. Every pawnbroker who willfully refuses to disclose to the pledgor or his agent the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, or who, after deducting from the proceeds of any sale the amount of the loan and interest due thereon, and four per cent on the loan for expenses of sale, refuses, on demand, to pay the balance to the pledgor or his agent, is guilty of a misdemeanor. 343. Refusing to allow an officer with search-warrant to inspect register of pledged articles. SEO. 343. Every pawnbroker who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or |