ADDRESS

TO THE

PEOPLE OF PENNSYLVANIA

AND

THE UNITED STATES.

THE PENNSYLVANIA SOCIETY FOR THE SUPPRESSION OF

LOTTERIES.

PRINTED BY WILLIAM BROWN,

1834.

AT A MEETING OF THE BOARD OF MANAGERS
of * The Pennsylvania Society for the suppression of Lot¬
teries? held at Philadelphia, July 24, 1834,

J. R. TYSON, Esq., from the committee appointed for
that purpose, reported and read the following * Address to the
People of Pennsylvania and the United States'

Whereupon it was ordered that the address be approved,
and that 2500 copies thereof be published for general distribu¬
tion, together with a list of the officers of the society, and the
recent laws of Pennsylvania and Massachusetts, abolishing
lotteries.

From the minutes,

A. SYMINGTON, Secretary.

The undersigned have been charged by “The Penn¬
sylvania Society for the suppression of Lotteries” with
the duty of laying before the people of Pennsylvania
and the United States, the general evils of the lottery
system, in connexion with the reasons and objects of
their own association. In the performance of the func¬
tion assigned them, they cannot perhaps do better than
to present, as introductory to both, a succinct history of
their efforts to abolish lotteries in this state. This ap¬
pears to be the more necessary, because their designs
have been impugned and misrepresented, and because a
simple narrative must, in its relations, shed light upon
the general question in its various aspects.

From causes to which it is here unnecessary to advert,

Pennsylvania, in the latter part of the year 1821 , became

a mart for nearly all the lotteries in the United States.

Although the laws were armed with severe penalties to
punish the sale of foreign tickets, the evil, in a few
years, became so excessive that the drawings of at least
fifteen prohibited lotteries were regularly announced, in
this city, quite as a matter of course, throughout the

year. Oar streets were overrun and deformed by lottery
offices. The effects of so extensive a traffic were obvious.
They were seen in the number of insolvents; in the
multiplication of tippling-houses; in the desolation,
want and misery of the domestic fireside; in the in¬
crease of pauperism, immorality and crime. Efforts
were made to stop the progress or restrain the in¬
fluence of this desolating scourge, hut without success.
Transgressors had so long enjoyed impunity that they
almost claimed it by prescription. No prospect pre¬
sented but passive submission to a state of things at once
pernicious and disgraceful. The traffic had so mingled
itself with the feelings of our citizens that hundreds of
persons were known to pursue the purchase of lottery
tickets as a regular means of subsistence. The subject
at length attracted the attention of a number of gentle¬
men who aimed at remedying the evil by its extirpation.
In the year 1831, these gentlemen issued a report upon
the illegality, abuses, and mischiefs of the system. They
likewise addressed to the legislature a memorial in which

they enforce, in strong language, the necessity for its
• _

immediate interposition. These contributed to rouse
the public to the magnitude and means of eradicating a
disease, which, as men happened to view it, had been
esteemed either as very trivial or altogether incurable.
Other publications were issued under the same sanction,
and followed by similar results. On the first day of
March, 1833, a law was enacted, declaring all lotteries
in Pennsylvania unauthorized and illegal. The act was
not to go into effect until the 31st day of the subsequent
December, thus allowing, to persons engaged in the lot-

tery business, a period of ten months for the selection of
some other and more useful pursuit. It had been in
operation only a few weeks, when intimations were
made that it was violated. To avoid, if possible, the
necessity of instituting prosecutions, offenders were
warned through the public prints of the consequences
likely to ensue from disregarding a statute so highly
penal in its character. Notwithstanding this humane
caution, accompanied as it was by the republication of
the act itself, assurances were daily received that the
violations were unremitted and extensive. Much ex¬
pense had been incurred and labour expended, and
the legislature, after mature deliberation, had solemnly
declared that lotteries were detrimental to the inte¬
rests of society. The supposed benefits arising to the
cause of internal improvements in Pennsylvania, were,
in its opinion, countervailed by their injurious effects.
The question then occurred whether something worse
than the former condition of things could be passively
tolerated? Whether Pennsylvania should be allowed
to contribute to the public improvements of Delaware,
Maryland, Virginia, Rhode Island, and other places,
in a way which she had emphatically denied to her¬
self? Whether, in a word, she should pour her trea¬
sures into the lap of other states, for the purpose of
obtaining all the evils, without any of the promised ad¬
vantages of the system ? No alternative remained but
to rest satisfied with an act, which, while it denounced
high penalties against offenders, was to lie inoperative
and despised upon the statute-book, or to make a vigorous
effort to carry it into execution. As no disposition was

felt to accept of a nominal abolition, a mere ideal sha¬
dow, while we had been struggling for the substance,
the present association was formed. One of its express »

and fundamental purposes is, to aid the public authorities
in carrying the law into effect, and as connected with
this, to promote the enactment of similar laws, and the
formation of similar societies throughout the union.

Soon after the institution was organized by the adop¬
tion of rules and the election of officers, abundant proof
was furnished that it had not been formed in vain. Four
persons, who, we had reason to believe, had followed as
a business the sale of tickets, were apprehended and
held to bail in considerable sums. One of these has

been alreadv convicted at the recent session of the
%>

Mayor’s Court, and sentenced to undergo imprisonment
in the county gaol for the period of three months. In
the prosecution of its objects, the association is resolved
to encounter, with all its energies, the labour it has un¬
dertaken ; and to put in requisition all the honourable
means it can employ, to vindicate the majesty of the law
by dragging its offenders to punishment.

The history of the lottery system in Pennsylvania
and other states, clearly demonstrates that a milder
policy, a less uncompromising principle of action,
would leave domestic legislation ineffectual and power¬
less. In this state foreign tickets have been prohibited
from the earliest period, and from the earliest period
have been extensively and even openly sold. The
violations of the law of 1833, so fearful in penalties, fur¬
nish additional evidence of the inadequacy of unaided
legislation. In Massachusetts, after the legal abolition

of their domestic system, and the prohibition of foreign
tickets, the painful case of Ackers occurred, at once
a melancholy instance of their baneful and ruinous effects.
It was ascertained by a committee of the legislature ap¬
pointed soon after this case of embezzlement and suicide
became known, that the traffic was carried on to a very
great extent, and that in the city of Boston alone, it then
exceeded a million a year. Nothing less than super-
added guards and penalties, assisted by a society modelled
upon similar principles with our own, could stop so de¬
vious and headlong a torrent. These, it is supposed,
have at length excluded it from the limits of Massachu¬
setts. In New York, though the system is legally at
an end, and the revised Constitution disables the legisla¬
ture from ever making a lottery grant, there is reason to
believe that the law would be infringed but for the exist¬
ence and patriotic exertions of a similar society. No
grant is in being in New Hampshire, and the sale of
foreign tickets is made penal by successive acts of the
legislature. But in open defnnee of law, tickets, up to
a recent period, were sold by nearly every bookseller in
the state; and the mania for lottery speculation pervaded
almost every class of the community. A like remark is
applicable to New Jersey. No grant is known to be in
operation; urgent applications for the privilege have
been repeatedly refused ; and a pecuniary penalty is
annexed by law to the sale of foreign tickets. In the
face of this prohibition, the traffic is carried on without
even the appearance of concealment, and every art is
employed to extend and ramify the business. In Ohio,
Vermont, Maine, Michigan, Louisiana, and Connecticut,

the lottery system is destroyed, so far as its destruction
can be effected by the simple authority of law. We
have no precise information whether in these states the
law is observed or infracted, but judging from what has
taken place elsewhere, and the adventurous spirit of the
trade, it is feared that the abolition is merely nomi¬
nal. The importance and necessity of forming asso¬
ciations to guard these states from the evils they are
anxious to eschew—to guard their citizens from injury
and their laws from violation—need scarcely be pressed
by formal argument. Experience, that sure .teacher, has
fully proved that personal vigilance will always be re¬
quisite to prevent the sale of tickets, since it can never
with safety be remitted or relaxed, until the system is
exploded in every section of the confederacy.

When this desirable result shall be attained, it is diffi¬
cult to conjecture. The lottery system, at present,
prevails in about half the states in the union. In
Virginia, it is highly probable that its career will have
a brief continuance. In North Carolina and Illinois it is
already virtually abolished. It is pleasing to anticipate
the triumph of correct principles, not only in these, but
in all the other states, so far as to induce the legal extir¬
pation of so ruinous and destructive a policy. Why it
should receive the sanction of law in this country after
the sad experience of England, whence it was derived,
can only be explained by ascribing it to the distorted
visions of erroneous economists or the insidious influ¬
ences of evil example.

The evidences of its corrupting tendency and ineffi¬
ciency, as a financial resort, are almost too numerous

and palpable to require exposition. We may, how¬
ever, be permitted to refer to the 6 Survey’ pub¬
lished by the gentlemen who now form the Society for
the suppression of lotteries, as furnishing many exam -
pies of its direful and pernicious results. In that work
are recorded nearly one hundred cases , each suffi¬
ciently authenticated, of pecuniary or moral ruin occa¬
sioned by indulgence in lottery speculations. Where the
victim of this false and seductive game is unsuccessful,
as must happen from necessity in the proportion of al¬
most ninety-nine cases to a hundred; he is incited by
the temptations of desire to new trials of his fortune;
each shred and fragment of his dwindling property is put
under contribution, and recklessly staked, till the last is
exhausted. His mind debased by evil companionship
and idle habits, and enervated by illusive calculations
and inordinate hopes, is robbed of its native virtues and
its native strength. He sinks a worthless, abject, and
degraded wretch into voluntary pauperism, or is driven
to the commission of vices and crimes which render him
the disgrace of his friends and the bane of his country.
When good fortune , so called, is the fate of the adven¬
turer, it is, perhaps, invariably followed by the ruin of
his virtue and his peace. It raises him to a sudden pin¬
nacle which renders him dizzy; he looks with contempt
upon the humbleness of useful labourers below. His
brief career, marked by wasteful extravagance and licen¬
tious folly, ends in bankruptcy. From the dreams which
he has indulged, and the habits he has fostered, he is
rendered completely the sport, as he has been the victim
of chance ; he is ready to go whithersoever the tide of

✓

accident or passion may carry him. We do not draw
from fancy an overcharged and visionary picture; the
reality far transcends the feebleness of such a portraiture.
Out of the many examples we might adduce, we present
one which may suffice. A man of correct and attentive
habits, who kept a shoe store in this city, and was known
to be doing well, ventured, two or three years ago, in
the lottery, and drew a prize of thirty thousand dollars.
He abandoned his business, commenced a course of pro¬
digality and excess, and grew very intemperate. He
lately died insolvent of mania a potu . Such instances
might be multiplied, but we forbear in an address of this
nature.

The efFects of the lotterv are not confined to the ad-
venturer alone. The domestic miserv it entails, the
dark passions which it engenders and cherishes, are to
be read in the hapless story of many an ill-fated family.
It is only necessary to peruse well authenticated exam¬
ples of its influence to be satisfied, that it presents in the
aggregate as much and diversified wretchedness, as much
and multiform vice and crime as any engine which the
genius of man has invented for the affliction and debase¬
ment of his fellow. One trait of the lottery, as distin¬
guished from other gaming is, that it leads into its vortex
the poor, the laborious, and tbe simple, no less than the
swaggering gamester, the idler, and the libertine. By
the minute subdivision of tickets, a chance is brought
within the means of the chimney-sweep, the servant,
and the apprentice. When by successive losses these
means are exhausted, they resort to theft with the view
to a further venture. Again they are disappointed, and

again they steal, until by repetition the sense of honesty
is blunted or gone; they increase in the amount and
character of their frauds until they become fit inmates of
a prison or penitentiary.—But unheeding distinction or
restraint, it ascends to the elevated stations in society.
The desire of immediate wealth is often found to be irre¬
sistible. This desire, by indulgence, becomes an en¬
grossing passion. Speculations in the lottery can be
carried on in secret. It is thus that even the most esti¬
mable men are decoyed from the path of virtue and pro¬
priety, who would shrink from the infamy of ordinary
gambling ; they embark by little and little ; an occasional
gleam of good fortune and the flattering promises of
their lottery friends, keep alive, in its intensity, the ar¬
dour of hope, until they grow desperate,' and are ruined.

If it be thus injurious to the citizen, the objects for
which it is intended, the public purposes to which it is
applied, furnish little palliation. If it be an engine of
private mischief, it is little apology to say that it was
designed for a public good. But in the examination of
the public benefits it confers, we shall find that the lot¬
tery system, considered as a public measure, is as decep¬
tive and illusory as the promises which each successive
scheme holds out to its votaries. In England, it is ac¬
knowledged, that it occasioned a positive loss to the go¬
vernment, by producing an amount of pauperism which
its profits were wholly insufficient to countervail. In this
country, when we consider its pervading and undistin-
guishing influence, the victims it allures, the extent to
which they adventure, and its calamitous effects, as
shown by the records of our insolvent courts, almshouses,

and prisons, there can be little doubt that a computation
would lead us to the same result. The benefits to the
community accruing from lottery grants, have been sadly
overrated. In many instances, they not only scatter far
and wide the seeds of poverty and ruin to the purchasers
of tickets, but they produce insolvency in the recipients
of the grants themselves. Witness the declarations of
Yates & McIntyre, in their petitions to the legislature of
Pennsylvania, on the subject of their contract with the
Union Canal Company. Two lotteries of Maine, author¬
ised in the year 1831, after issuing schemes to the amount
of $60,000, were able to leave only the miserable pit¬
tance of IS 14 21 in the treasury, after paying the dis¬
bursements. The Plymouth JBeach Lottery, authorised
by the legislature of Massachusetts, in the year 1812,
issued schemes in the course of nine years, amounting to
$886,439 75. The whole sum realized to the town of
Plymouth, from these large issues, was the inadequate
total of $9,876 17. A still more striking illustration is
presented in the case of the Union Canal Company. The
grant was originally to two companies, who, between the
years 1795 and 1811, a period of sixteen years, succeed¬
ed in raising the sum of $60,000. At the latter period
referred to, the grant which terminated with the last
year, was made to the existing corporation for the pur¬
pose of raising $340,000. In the twenty-two years,
during which this grant was in existence, schemes were
issued, exceeding the frightful aggregate of thirty-three
millions of dollars , without yielding to the company the
sum authorized by the grant.

It is evident from this exhibition, that either from the

enormous expenses incident to the system, or from the
extravagant and defective mode of its administration,
prodigious sums are extracted from the people with¬
out a corresponding return—that schemes may be issued
amounting to thousands, without producing a single hun¬
dred to the object in view! Considered as a tax, or a
means of revenue, it is to be deemed unwise, impolitic,
and defective, since, by the immense assessments which
it imposes, it must exhaust the pecuniary abilities of a
people. It is unequal in its operation, because it is not
a burden levied with justice in proportion to the amount
of property enjoyed, but comes from the idleness, the
poverty, and the recklessness of its contributors. As it
depends for its encouragement upon vice or credulity,
it must impart aliment to those dispositions and qualities,
the prevalence of which is indispensable to its success.

In this connexion are to be viewed its effects upon
those public institutions, whose end is to elevate the cha¬
racter of the citizen, and to arrest the career of vice and
crime. Public schools, houses of refuge, and penitenti¬
aries for solitary confinement, have all a common object.
They exist by the public bounty, and rest upon the ad¬
mitted principle, that virtue is necessary to the perma¬
nence and enjoyment of free institutions. Does not the
lottery system conflict, in all its remote bearings and
immediate results, with the success and policy of these ?
Why should money he expended in the suppression of
vice and the encouragement of virtue, while a system is
protected and sanctioned for raising money out of the
most pitiable weaknesses of the mind and the worst pas¬
sions of the heart? If the public coffers be an object,

superior in importance to popular virtue, why are
immense sums expended in the establishment of charita¬
ble and philanthropic foundations? If revenue is to be

put in competition with morals, it would be well, for the
sake of legislative consistency, to break up those schemes
of benevolence for the improvement of morality and the
melioration of intellect, which require the expenditure
of money in their cultivation. The more the subject is
considered, the committee are persuaded, the more in¬
defensible it will appear in itself, the more incongruous
with the general spirit of our institutions, the more at
variance with the happiness of the people, and the more
inimical to the welfare of the country. It is respectfully
submitted to the patriotism of those states in which it
exists, that in destroying the lottery they only weed out
a poisonous exotic, whose noxious and rank luxuriance
in pervading the land and blighting all our indigenous
fruits, shows itself to be wholly unsuited and repugnant
to the genius of the American soil.

On behalf of “ The Society for the Suppression of
Lotteries.”

ISAAC COLLINS,
MATTHEW NEWKIRK,
JAMES J. BARCLAY,
GEORGE M. STROUD,
WILLIAM M. MEREDITH,
JOB R. TYSON,

Committee .

( No. 1. )

List of Officers of “ The Pennsylvania Society for the Sup¬
pression of Lotteries,” for the year 1834.

• * ^

President —Thomas C. James.

Vice-Presidents —Alexander Henry, B. W. Richards, Thomas P. Cope,

Abraham Miller.

Counsellors —W. M. Meredith, G. M. Stroud, J. R. Tyson.

Secretaries —Geo. Handy, John M. Atwood.

Treasurer —Thomas Earp.

Managers.

J. J. Barclay,
Robert Earp,

A. Symington,
Geo. W. Smith,
Joel Atkinson,
Isaiah Hacker,

Joseph Watson,
Matthew Newkirk
Silas W. Sexton,
William Hodgson,

Isaac Collins,

Josiali White,
Townsend Sharpless,
Edward Needles,
John S. Henry,
Joseph Warner,

Geo. Williams,

Barth. Wistar,

Hartt Grandom,
Henry Troth,

John U. Fraley,
Abraham Hilyard,
G. W. Blight,
Fred. Fraley,

John Wiegand,
Jacob Lex,
Thomas Astley,
Edward Yarnall,
Samuel L. Shober,
Wm. M‘Main.

( No. 2. )

Jin Jlct for the Abolition of Lotteries in Pennsylvania .—
Passed the first day of March, 1833.

Whereas, by certain acts of Assembly heretofore enacted, the right to raise,
b} r way of lottery, certain sums of money, was granted to the Union Canal Com¬
pany of Pennsylvania: And whereas, it appears to the Legislature that the said
right has been fully exercised and exhausted: And whereas, all other rights to

raise money by lottery, heretofore granted by the Legislature, have either been

exercised or exhausted, or have been abandoned, and it being the intention of the
Legislature to put an entire stop to tire evils arising from lotteries and the sale of
lottery tickets:

Sect. 1. Be it enacted, by the Senate and House of Representatives of the Com¬
monwealth of Pennsylvania, in General Assembly met, and it is hereby enacted
by the authority of the same, That from and after the thirty-first day of Decem¬
ber, one thousand eight hundred and thirty-three, all and every lottery and lotte¬
ries, and device and devices in the nature of lotteries, shall be utterly and entirely
abolished, and are hereby declared to be thenceforth unauthorized and unlawful.

Sect. 2. And be it further enacted by the authority aforesaid, That from and
after the day aforesaid, any person or persons who shall sell or expose to sale, or
cause to be sold or exposed to sale, or shall keep on hand for the purpose of sale, or
shall advertise or cause to be advertised for sale, or shall aid or assist, or be in any
wise concerned in the sale, or exposure to sale, of any lottery ticket or tickets, or
any share or part of any lottery ticket, in any lottery or device in the nature of a
lottery within this commonwealth, or elsewhere, and any person or persons who
shall advertise or cause to be advertised, the drawing of any scheme in any lot¬
tery, or be in any way concerned in the managing, conducting, carrying on, or
drawing of any lottery or device in the nature of a lottery, and shall be convicted
thereof in any court of competent jurisdiction, shall, for each and every such of¬
fence, forfeit and pay a sum not less than one hundred dollars, and not exceeding
ten thousand dollars, or be sentenced to undergo an imprisonment not exceedin'
six months, at the discretion of the court.

An Act for the Suppression of Lotteries in Massachusetts .—>
Passed the 23 d day of March, 1833.

Sect. 1. Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, That from and after the pass¬
ing of this act, if any person shall make, sell, or offer for sale; or shall have in
his possession with intent to sell, offer for sale, or negotiate; or be in any wise
aiding or abetting in the sale of any lottery ticket, or part of any lottery ticket*
or of any certificate, bill, token, or security, purporting to entitle the owner, bearer,
holder, or any other person, to any share or interest in any prize to be drawn in
any lottery not authorized by the laws of this commonwealth; or shall draw, or
aid or assist in drawing any such lottery; or shall aid or be concerned in the
managing or conducting of any such lottery; or shall knowingly suffer or permit
the selling of any lottery ticket, or the drawing or managing of any such lottery,
in any house, store, or other building, owned, rented, or occupied by him, within
this commonwealth; or shall knowingly suffer or permit any lottery ticket or
part of a lottery ticket to be raffled for or won by throwing dice in any house,
shop, or other building owned, rented, or occupied by him within this common¬
wealth, every such person shall forfeit and pay a sum not less than one hundred
dollars , nor more than two thousand dollars, to be recovered by indictment or in¬
formation, before any court of competent jurisdiction; one half of said fine or for¬
feiture for the use of the commonwealth, and the other half to the person or per¬
sons who shall prosecute therefor: And if any person, who shall have been arrested
for an offence under this section, and been convicted thereof, shall, after such ar¬
rest commit either of the offences aforesaid, he shall, in addition to the fines and
forfeitures aforesaid, be sentenced for every subsequent offence to labour in the
house of correction, (or to the common gaol, if tried in any county where no
house of correction shall have been established,) for a term of time not less than
three months, nor more than twelve months.

Sect. 2. Be it further enacted, That from and after the passing of this act, if
any person shall advertise or cause to be advertised, for sale, any lottery ticket,
or part of any lottery ticket, or any certificate, bill, token, or security, purporting
to entitle the owner, bearer or holder, or any other person, to any share or interest

in any prize, to be drawn in any lottery not authorized by the laws of this rom-
monwealth ; or shall exhibit any sign, symbol, or other emblematic representation,
of a lottery, or of the drawing of a lottery, or in any way indicating where any
such lottery ticket or part of a lottery ticket, certificate, bill, token, or security,
may be purchased or received, or shall in any manner invite or entice others to
purchase or receive any such lottery ticket, part of a lottery ticket, certificate, bill,
token or security; such person shall forfeit and pay, for each and every such of¬
fence, a sum not less than thirty dollars, nor more than one hundred dollars, to be
recovered by information or indictment before any court of competent jurisdic¬
tion; one half of said fine or forfeiture for the use of the commonwealth, and the
other half to the person or persons who shall prosecute therefor.

Sect. 3. Be it further enacted, That, from and after the passing of this act, if
any person shall make, sell, or offer for sale, in this commonwealth, any fictitious
lottery ticket, or part of such ticket, or any ticket or part of any ticket in any fic¬
titious or pretended lottery, knowing such ticket or lottery to be fictitious, or in
any lottery not authorized by the Legislature of one of the United States, knowing
the same not to be so authorized ; or shall make, sell, or offer for sale, any ficti¬
tious certificate, bill, token or security, or shall receive any money or other valua-

ble consideration for any such ticket or part of a ticket, certificate, bill, token or

security, knowing the same to be fictitious, purporting that the owner, bearer, or

holder thereof, or any other person, is or shall be entitled to receive any prize or ^

part of a prize that may be drawn in any such lottery; or shall make or have in

his possession, with intent to sell or negotiate, any such fictitious ticket or part of

a ticket, bill, token or security, knowing the same to be fictitious—every person so

offending, and being thereof convicted, before any court of competent jurisdiction,

shall be punished by imprisonment and confinement to labour in the State Prison,

for a term of time not less than one year, nor more than three years. And, upon

the trial of any prosecution for cither of the offences described in this section,

whether by indictment or information, any ticket or part of a ticket, certificate,

bill, token, or security purporting to entitle any person to any prize, or part of

any prize that may be drawn in any lottery, and which the defendant shall have

been proved to have sold, or offered for sale, or for which he shall have received

any valuable consideration, shall be deemed to be false, spurious, fictitious, and

pretended, unless the defendant shall prove that the same, when it was sold, or

offered for sale by him, was an original and genuine ticket, or part of a ticket, in

a lottery authorized by the Legislature of one of the United States, existing and

undrawn at the time of sale, or offered for sale, and binding upon the managers of

such lottery or other person or persons authorized by the Legislature of such /■

State, to issue such ticket, or part of a ticket. And any person or persons who

shall prosecute to conviction any one who may have committed either of the of¬
fences described in this section, shall be entitled to receive from the treasury of
the commonwealth the sum of fifty dollars for every such conviction, and a war¬
rant shall be granted therefor, upon the certificate of the judge of the court before
which the conviction shall have been had, that such person or persons are entitled
to such reward, as such prosecutor or prosecutors.

Sect. 4. Be it further enacted, That, on complaint of the violation of any of the
provisions of this act, made under oath or affirmation to any justice of the peace, or
of any justice of any Police Court, such justice shall issue a warrant for the appre¬
hension of the offender or offenders, and if he see cause, shall bind over said offender
or offenders, to the next Court of Common Pleas, to be held within the county
where the offence shall be alleged to have been committed, or to the Municipal
Court of the city of Boston, if within the county of Suffolk, to be tried for such
offence.

Sect. 5. Be it further enacted, That all money received by any inhabitant of
this Commonwealth, or by any person residing therein, for or on account of any
prize or part of a prize, that may have been drawn or pretended to be drawn
by or upon any real or fictitious ticket or part of a ticket, certificate, bill, token
or security, in any real or pretended lottery, purchased or received within this
commonwealth, shall be forfeited to the commonwealth, and may be recovered
for the commonwealth, from the person who shall have received it, by informa¬
tion filed in any court of competent jurisdiction, or it may be recovered in any
such court, by an action for money had and received, in the name of the common¬
wealth, by any attorney thereof.

Sect. 6. Be it further enacted, That all acts heretofore passed for the regula¬
tion and suppression of lotteries, be, and they hereby are repealed, except in so
much as they may affect any actions, suits, informations or indictments that may
have been commenced under the sanction of such acts respectively.

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