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Nelson v. U.S., 28 D. C. App., 34

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Sec. 864. If any person shall knowingly permit, on any premises under his control in the District, the sale of any chance or ticket in or share of a ticket in any lottery or policy lottery, or shall knowingly permit any lottery or policy lottery or policy shop on such premises, he shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned not more than one year, or both.

Sec. 865. GAMING.-Whoever shall in the District set 38; Nelson v.U.S. up or keep any gaming table, or any house, vessel, or D. C. App,"0" place, on land or water, for the purpose of gaming, or

gambling device commonly called A B C, faro bank, E O, roulette, equality, keno, thimble, or little joker, or any kind of gaming table or gambling device adapted, devised, and designed for the purpose of playing any game

of chance for money or property, or shall induce, entice, and permit any person to bet or play at or upon any such gaming table or gambling device, or on the side of or against the keeper thereof, shall be punished by imprisonment for a term of not more than five years.

Sec. 866. Whoever in the District knowingly permits any gaming table, bank, or device to be set up or used for the purpose of gaming in any house, building, vessel, shed, booth, shelter, lot, or other premises to him belonging or by him occupied, or of which at the time he has possession or control, shall be punished by imprisonment in the jail for not more than one year or by a fine not exceeding five hundred dollars, or both.

Sec. 867. THREE-CARD MONTE, AND SO FORTH.-Whoever shall in the District deal, play, or practice, or be in any manner accessory to the dealing or practicing, of the confidence game or swindle known as three-card monte, or of any such game, play, or practice, or any other confidence game, play, or practice, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars and by imprisonment for not more than five years.

Sec. 868. What IS GAMING TABLE.—All games, devices, or contrivances at which money or any other thing shali be bet or wagered shall be deemed a gaming table within the meaning of these sections; and the courts shall construe the preceding sections liberally, so as to prevent the mischief intended to be guarded against.

Sec. 869. Pool SELLING, AND SO FORTH.—It shall be unlawful for any person or association of persons (in the cities of Washington and Georgetown, in the District of Columbia, or within said District within one mile of the boundaries of said cities, ] to bet, gamble, or make books or pools on the result of any trotting [race] or running race of horses, or boat race, or race of any kind, or on any election or any

any kind, or game of base balì. Any person or association of persons violating the provisions of this section shall be fined not exceeding five hundred dollars or be imprisoned not more than ninety days, or both.--Act of May 16, 1910, sec. 3. (35 Stat., 164.)

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Sec. 869a. An act to prohibit bucketing and bucket shop, Declared ping and to abolish bucket shops. The following words and 0. s. 1. Altemus phrases used in this Act shalt, unless a different meaning i93..., 39 L. R., is plainly required by the context, have the following meanings:

'Personshall mean an individual, partnership, corporation, or association, whether acting in his or their own right or as the officer, agent, servant, correspondent, or representative of another.

Contractshall mean any agreement, trade, or transaction.

Securitiesshall mean all evidences of debt or property and options for the purchase and sale thereof, shares in any corporation or association, bonds, coupons, scrip, rights, choses in action, and other evidences of debt or property and options for the purchase or sale thereof.

Commoditiesshall mean anything movable that is bought and sold.

Bucket shop" shall mean any room, office, store, building, or other place where any contract prohibited by this Act is made or offered to be made.

Keeper" shall mean any person owning, keeping, managing, operating, or promoting a bucket shop, or assisting to keep, manage, operate, or promote a bucket shop.

Bucketing" or "bucket shoppingshall mean: (a) The making of or offering to make any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities wherein both parties thereto intend, or such keeper intends, that such contract shall be, or may be, terminated, closed, or settled according to or upon the basis of the public market quotations of prices made on any board of trade or exchange upon which said securities or commodities are dealt in and without a bona fide purchase or sale of the same; or (b) the making of or offering to make any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities, wherein both parties intend, or such keeper intends, that such contract shall be, or may be, deemed terminated, closed, or settled when such public market quotations of prices for the securities or commodities named in such contract shall reach a certain figure without a bona fide purchase or sale of the same; or (c) the making of or offering to make any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities wherein both parties do not intend, or such keeper does not intend, the actual or bona fide receipt or delivery of such securities or commodities, but do intend, or such keeper does intend, a settlement of such contract based upon the differences in such public market quotations of prices at which said securities or commodities are or are asserted to be bought and sold.

Sec. 8696. Any person who makes or offers to make any Ib. contract defined in the preceding section, or who is the keeper of any bucket shop, shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars or by im

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prisonment for not more than one year. Any person who shall be convicted of a second offense shall be punished by imprisonment for not more than five years. The continuing of the keeping of a bucket shop by any person after the first conviction therefor shall be deemed a second offense under this Act. If a domestic corporation shall be convicted of a second offense, the supreme court of the District of Columbia shall have jurisdiction, upon an information in equity in the name of the United States district attorney for the District of Columbia, on the relation of the Commissioners of the District of Columbia, to dissolve the corporation, and if a foreign corporation shall be convicted of a second offense, the supreme court of the District of Columbia shall have jurisdiction, in the same manner, to restrain the corporation from doing business in the District of Columbia.

Sec. 869c. Any person who shall communicate, receive, exhibit, or display in any manner any statement of quotations of prices of any securities or commodities with an intent to make, or offer to make, or to aid in making, or offering to make any contract prohibited by this Act, upon conviction thereof shall be subject to the penalties provided in the preceding section.

Sec. 869d. Every person shall furnish, upon demand, to to any customer or principal for whom such person has executed any order for the actual purchase or sale of any securities or commodities, either for immediate or future delivery, a written statement, containing the names of the persons from whom such property was bought or to whom it has been sold, as the fact may be, the time when, place where, and the price at which the same was either bought or sold; and if such person shall refuse or neglect to furnish such statement within twenty-four hours after such demand such refusal or neglect shall be prima facie evidence that such purchase or sale was bucketing or bucket shopping within the terms of this Act.-Act of March 1, 1909 (35 Stat., Part 1, 670).

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Subchapter VI.-OFFENSES AGAINST MORALITY.

Knight v. U.S.,

Sec. 870. BIGAMY.-Whoever, having a husband or 6 D. C. App., 1.

wife living, marries another shall be deemed guilty of bigamy, and on conviction thereof shall suffer imprisonment for not less than two nor more than seven years: Provided, That this section shall not apply to any person whose husband or wife has been continually absent for five successive years next before such marriage without being known to such person to be living within that time, or whose marriage to said living husband or wife shall have been dissolved by a valid decree of a competent court, or shall have been pronounced void by a valid decree of a competent court on the ground of the nullity of the marriage contract.

Sec. 871. SEDUCTION BY TEACHER.–Any male person over twenty-one years of age, who is superintendent, tutor, or teacher in any public or private school, seminary, or other institution, or instructor of any female in any branch of instruction, who has sexual intercourse with

any female under twenty-one years of age and not Age limit, 32 under sixteen years of age, with her consent, while under stat., 535. his instruction during the term of his engagement as superintendent, tutor, or teacher, shall be imprisoned for not less than one year nor more than ten.

Sec. 872. INDECENT PUBLICATIONS.—Whoever sells, or offers to sell, or give away, in the District, or has in his possession with intent to sell or give away or to exhibit to another, any obscene, lewd, or indecent book, pamphlet, drawing, engraving, picture, photograph, instrument, or article of indecent or immoral use, or advertises the same for sale, or writes or prints any letter, circular, handbill, book, pamphlet, or notice of any kind stating by what means any of such articles may be obtained, or advertises any drug, nostrum, or instrument intended to produce abortion, or gives or participates in, or by bill, poster, or otherwise advertises, any public exhibition, show, performance, or play containing obscene, indecent, or lascivious language, posters, or suggestions, or otherwise offending public decency, shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned not more than one year, or both.

Sec. 873. SEDUCTION.- If any person shall seduce and Yeager o. U. carnally know any female of previous chaste character, between the ages of sixteen and twenty-one years, out of wedlock, such seduction and carnal knowledge shall be deemed a misdemeanor, and the offender, being convicted thereof, shall be punished by imprisonment for a term not exceeding three years, or fined not exceeding two hundred dollars, or may be punished by both such fine and imprisonment.

Sec. 874. ADULTERY.—Whoever commits adultery in the District shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or both; and when the act is committed between a married woman and a man who is unmarried both parties to such act shall be deemed guilty of adultery, and when such act is committed between a married man and a woman who is unmarried, the man only shall be deemed guilty of adultery.

Sec. 875. INCEST.- If any person in the District related to another person within and not including the fourth degree of consanguinity, computed according to the rules of the Roman or civil law, shall marry or cohabit with or have sexual intercourse with such other so-related person, knowing him or her to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and, on conviction thereof, shall be punished by imprisonment for not more than twelve years.

16 ., 356.

Subchapter VII.--MISCELLANEOUS.

Sec. 876. PRIZE FIGHTING, AND SO FORTH.—Any person who shall voluntarily engage in a pugilistic encounter between man and man or a fight between a man and a bull or any other animal, for money or for other thing of value, or for any championship, or upon the result of which any money or any thing of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment not less than one nor more than five years.

By the term “pugilistic encounter," as used in this section, is meant any voluntary fight by blows by means of fists or otherwise, whether with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money or thing of value is bet or wagered, or to see which any admission fee is charged, either directly or indirectly.

Sec. 877. USING BOTTLES OF DEALERS IN MINERAL WATERS.-All manufacturers and vendors of mineral waters and other beverages allowed by law to be sold in bottles, upon which their names or marks shall be

respectively impressed, may file with the clerk of the supreme court of the District a description of such bottles and of the names or marks thereon, and shall cause the same to be published for not less than two weeks successively in a daily or weekly newspaper published in the District.

Sec. 878. It shall be unlawful for any person, without the permission of the owner thereof, to fill with mineral waters or other beverages any such bottles so marked, for sale, or to traffic in any such bottles so marked and not bought by him of such owner; and every person so offending shall be liable to a penalty of fifty cents for every bottle so filled, or sold, or used, or disposed of, or bought, or trafficked in, for the first offense, and of five dollars for every subsequent offense, to be recovered as other fines are recovered in the District.

Sec. 878a. That the following words shall, in addition to their ordinary meaning, have the meaning herein given: The word personor persons,in sections eight hundred and seventy-eight b, c, d, e, and g, inclusive, shall include "firmsor corporations;the wordvesselor vessels," in sections eight hundred and seventy-eight b, c, d, and e, shall include cans," "bottles," "siphons," and "boxes; the word "mark" or "marksshall include "labels," trade-marks," and all other methods of distinguishing ownership in vessels, whether printed upon labels or blown into bottles or engraved and impressed upon cans or boxes.

Sec. 8786. That persons engaged in producing, manufacturing, bottling, or selling milk or cream, or any other lawful beverage composed principally of milk, in vessels, with their name, trade-mark, or other distinctive mark, and

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