applicant was the landlord or lessor of the premises. The omission, or neglect of the owner, landlord, agent, superintendent, janitor or caretaker, to make such an application, or, having made it, the omission or neglect to in good faith diligently prosecute it, shall be presumptive evidence against the person on whom such notice shall be served of a violation of the provisions of section nine hundred and seventy-four. And in case the person giving said notice shall make an application as hereinbefore provided, and a final order shall be made as specified in section twenty-two hundred and forty-nine of the code of civil procedure, such order shall be evidence of a violation of the provisions of section nine hundred and seventy-four by the occupant of said premises and by the person on whom the notice herein provided for shall have been served. For the purpose of such applications, summary proceedings to recover possession of the premises so used or occupied may be maintained under the provisions of chapter seventeen, title two, of the code of civil procedure.

Derivation: Penal Code, § 344c, added L. 1901, ch. 190, § 1.

§ 977. Seizure of gambling implements authorized.

A person, who is required or authorized to arrest any person for a violation of the provisions of this article, is also authorized and required to seize any table, cards, dice or other apparatus or article, suitable 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 arrested is required to be taken.

Derivation: Penal Code, § 345.

Willis v. Warren, 17 How. Pr. 100, 1 Hilt. 590.

§ 978. Gambling implements to be destroyed or delivered to district attorney.

The magistrate, to whom any thing suitable for gambling purposes is delivered pursuant to the last section, must, upon the examination of the defendant, 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 defendant in violation of the provisions of this article; and if he finds that it is of a character suitable for gambling purposes, and that it has been used by the defendant in

violation of this article, he must cause it to be destroyed, or to be delivered to the district attorney of the county in which the defendant is liable to indictment or trial, as the interests of justice may, in his opinion, require.

Derivation: Penal Code, § 346.

Lawton v. Steele (1890), 119 N. Y. 226, af'g 5 N. Y. Supp. 953; see also Willis v. Warren, 17 How. Pr. 100, 1 Hilt. 590; Lowry v. Rainwater, 70 Mo. 152, 35 Am. Rep. 420, 21 Alb. L. J. 73; State v. Robbins, 124 Ind. 308, 8 L. R. A. 438.

§ 979. Gambling implements to be destroyed upon convic

tion.

Upon the conviction of the defendant, the district attorney must cause to be destroyed every thing suitable for gambling purposes, in respect whereof the defendant stands convicted, and which remains in the possession or under the control of the district attorney. Derivation: Penal Code, § 347.

Willis v. Warren, 17 How. Pr. 100, 1 Hilt. 590.

§ 980. Persuading person to visit gambling places.

A person, who persuades another to visit any building or part of a building, or any vessel or float, occupied or used for the purpose of gambling, in consequence whereof such other person gambles therein, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, is liable to such other person in an amount equal to any money or property there lost by him at play, to be recovered in a civil action.

Derivation: Penal Code, § 348.

People v. Todd (1889), 6 N. Y. Cr. 222, 4 N. Y. Supp. 25.

§ 981. Duty of masters to suppress gambling on board their vessels.

If the commander, owner or hirer of any vessel or float, knowingly permits any gambling for money or property on board such vessel or float, or if he does not, upon his knowledge of the fact, immediately prevent the same, he is punishable by a fine not exceedingly five hundred dollars; and in addition thereto is liable. to any party losing money or property by means of gambling in

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violation of this section, in a sum equal to the money or property, to be recovered in a civil action.

Derivation: Penal Code, § 350.

People v. Todd (1889), 6 N. Y. Cr. 222, 4 N. Y. Supp. 25.

§ 982. Keeping slot machines.

Any person who has in his possession, or under his control, or who permits to be placed, maintained or kept in any room, space, inclosure or building, owned, leased or occupied by him, or under his management or control, any machine, apparatus or device, into which may be, or might have been, inserted any piece of money or other object, and from which, as a result of such insertion, or as a result of such insertion and the application of physicial or mechanical force, may issue, or might have issued, any piece or pieces of money, or any check or memoranda calling for any money, and which machine, apparatus or device is commonly known as a slot machine, is guilty of a misdemeanor.

Derivation: Penal Code, § 337a, added L. 1899, ch. 655, § 1.

§ 983. Seizures of slot machines and arrest of person in pos

session.

It shall be the duty of every officer authorized to make arrests to seize every machine, apparatus or device answering to the description contained in the last section and to arrest the person actually or apparently in possession or control thereof or of the premises in which the same may be found, if any such person be present at the time of the seizure, and to bring the machine, apparatus or device, and the prisoner, if there be one, before a committing magistrate.

Derivation: Penal Code, § 337b, added L. 1899, ch. 655.

§ 984. Destruction of slot machines by magistrates.

The magistrate before whom any machine, apparatus or device is brought pursuant to the last section must, if there be a prisoner, and if he shall hold such prisoner, cause the machine, apparatus or device to be delivered to the district attorney of the county to be used as evidence on the trial of the said prisoner. If there

be no prisoner or if the magistrate does not hold the prisoner, he must cause the immediate destruction of the machine, apparatus or device.

Derivation: Penal Code, § 337c, added L. 1899, ch. 655, § 1.

§ 985. Destruction of slot machines by the trial court. It shall be the duty of the district attorney of the county to see that every person held in pursuance of the last section shall be brought to trial within thirty days from the date of his final examination before the magistrate; and the machine, apparatus or device shall be produced in court on the trial. It shall be the duty of the trial court, after the disposition of the case, and whether the defendant be convicted, acquitted or fails to appear for trial, to cause the immediate destruction of the machine, apparatus or device.

Derivation: Penal Code, § 337d, added L. 1899, ch. 655, § 1.

§ 986. Pool-selling, book-making, bets and wagers.

Any person who engages in pool-selling, or book-making, with, or without writing at any time or place; or any person who keeps or occupies any room, shed, tenement, tent, booth, or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon any public or private grounds, within this state, with books, papers, apparatus or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, and any person who records or registers bets or wagers, or sells pools or makes book, with, or without writing upon the result of any trial or contest of skill, speed or power of endurance, of man or beast, or upon the result of any political nomination, appointment or election; or upon the result of any lot, chance, casualty, unknown or contingent event whatsoever; or any person who receives, registers, records or forwards, or purports or pretends to receive, register, record or forward, in any manner whatsoever, any money, thing or consideration of value, bet or wagered, or offered for the purpose of being bet or wagered, by or for any other person, or sells pools, upon any such result; or any person who, being the owner, lessee or occupant of any room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or of any grounds within this state, knowingly permits the same to be used or occupied for any of these purposes, or therein keeps, exhibits or employs any device or apparatus for the purpose of recording or registering such bets or wagers, or the selling of such pools, or becomes the custodian or depositary for gain, hire or

reward, of any money, property or thing of value, staked, wagered or pledged, or to be wagered or pledged upon any such result; or any person who aids, assists or abets in any manner in any of the said acts, which are hereby forbidden, is guilty of a misdemeanor, and upon conviction is punishable by imprisonment in a penitentiary or county jail for a period of not more than one year. (Amended by L. 1910, ch. 488, in effect Sept. 1, 1910.)

Derivation: Penal Code, § 351, as amended L. 1895, ch. 572; L. 1901, ch. 636; L. 1908, ch. 507.

People v. Bauer (1885), 37 Hun, 407, 3 N. Y. Cr. 433; People v. Kelly (1885), 3 N. Y. Cr. 272, 22 Week. Dig. 64; People ex rel. Ottolengui v. Barbour (1887), 5 N. Y. Cr. 384; Brennan v. Brighton Beach Assn. (1890), 56 Hun, 188, 9 N. Y. Supp. 220; De Lacy v. Adams (1893), 3 Misc. 432, 23 N. Y. Supp. 297; Gideon v. Dwyer (1895), 87 Hun, 246, 254, 33 N. Y. Supp. 754; People v. Cleary (1895), 13 Misc. 546, 35 N. Y. Supp. 588; People ex rel. Weaver v. Van De Carr (1896), 150 N. Y. 439, aff'g 7 App. Div. 608, 39 N. Y. Supp. 581; Grannan v. Westchester, etc., Assn. (1897), 16 App. Div. 8, 44 N. Y. Supp. 790; People ex rel. Sturgis v. Fallon (1897), 152 N. Y. 1, 12 N. Y. Cr. 273; People v. Levoy (1902), 72 App. Div. 55, 16 N. Y. Cr. 496, 76 N. Y. Supp. 783; People ex rel. Clifton v. DeBragga (1902), 73 App. Div. 579, 17 N. Y. Cr. 12, 77 N. Y. Supp. 7; People ex rel. Allen v. Hagan (1902), 170 N. Y. 46, 16 N. Y. Cr. 309; People v. Stedeker (1902), 75 App. Div. 450, 78 N. Y. Supp. 316, rev'd 175 N. Y. 57; People v. Shannon (1903), 87 App. Div. 32, 17 N. Y. Cr. 532, 83 N. Y. Supp. 1061; People v. McCue (1903), 87 App. Div. 72, 83 N. Y. Supp. 1088, 17 N. Y. Cr. 534; People ex rel. Sterling v. Sheriff (1908), 60 Misc. 326; People v. Ebel (1904), 98 App. Div. 270, 90 N. Y. Supp. 628; People v. Corbalis (1904), 178 N. Y. 516, rev'g 86 App. Div. 531, 83 N. Y. Supp. 782; People v. Canepi (1905), 181 N. Y. 400, 19 N. Y. Cr. 384, rev'g 93 App. Div. 379, 87 N. Y. Supp. 773; Cranshaw v. McAdoo (1905), 47 Misc. 420, 421, 94 N. Y. Supp. 386; Matter of Cullen v. N. Y. Tel. Co. (1905), 106 App. Div. 250, 251, 94 N. Y. Supp. 290; Matter of Joerns (1906), 51 Misc. 395, 100 N. Y. Supp. 503; Stevens v. McAdoo (1906), 112 App. Div. 459, 98 N. Y. Supp. 553; Cleary v. McAdoo (1906), 113 App. Div. 179, 99 N. Y. Supp. 60; Devlin v. McAdoo (1906), 116 App. Div. 226, 101 N. Y. Supp. 646; Murray v. Interurban St. Ry. Co. (1907), 118 App. Div. 37, 102 N. Y. Supp. 1026; People ex rel. Collins v. McLaughlin (1908), 128 App. Div. 601, 60 Misc. 307; see also Corrigan v. Coney Island Jockey Club, 27 Abb. N. C. 300; Gibbons v. Gouverneur, 1 Den. 170.

987. Racing animals for stake.

All racing or trial of speed between horses or other animals for any bet, stake or reward, except such as is allowed by special laws, is a public nuisance; and every person acting or aiding therein, or making or being interested in any such bet, stake or reward is guilty of a misdemeanor; and in addition to the penalty prescribed therefor, he forfeits to the people of this state, all title