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 
 
V 
 
 4 
 
 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- 
 
5 
 
 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 
 
6 
 
 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 
 
7 
 
 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, 
 
 
8 
 
 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 
 
9 
 
 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 
 
 B 
 
10 
 
 ✓ 
 
 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 
 
11 
 
 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, 
 
12 
 
 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 
 
 
13 
 
 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, 
 
14 
 
 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 . 
 
15 
 
 ( 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. 
 
 
 
 v 
 
16 
 
 
 
 ( 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. 
 
 Mm 
 
17 
 
 i 
 
 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 
 
 c 
 
18 
 
 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- 
 
 A 
 
 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 
 
19 
 
 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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