Public Law 75–72

That the Act entitled “An Act to establish a Code of Law for the District of Columbia”, approved March 3, 1901, and the Acts amendatory thereof and supplementary thereto, constituting a Code of Law for the District of Columbia, be, and the same hereby are, amended as follows:

Section 863 of such Act is hereby amended to read as follows:

“Sec. 863.

If any person shall within the District keep, set up, or promote, or be concerned as owner, agent, or clerk, or in any other manner, in managing, carrying on, promoting, or advertising, directly

Lottery chances; sale, transfer, etc.

or indirectly, any policy lottery, policy shop, or any lottery, or shall sell or transfer any chance, right, or interest, tangible or intangible, in any policy lottery, or any lottery or shall sell or transfer any ticket, certificate, bill, token, or other device, purporting or intended to guarantee or assure to any person or entitle him to a chance of drawing or obtaining a prize, to be drawn in any lottery, or in a game or device commonly known as policy lottery or policy or shall, for himself or another person, sell or transfer, or have in his possession for the purpose of sale or transfer, a chance or ticket in or share of a ticket in any lottery or any such bill, certificate, token, or

Penalty.

other device, he shall be fined upon conviction of each said offense not more than $1,000 or be imprisoned not more than three years, or

Copy or record of such chance, etc., prima facie evidence.

both. The possession of any copy or record of any such chance, right, or interest, or of any such ticket, certificate, bill, token, or other device shall be prima-facie evidence that the possessor of such copy or record did, at the time and place of such possession, keep, set up, or promote, or was at such time and place concerned as owner agent, or clerk, or otherwise in managing, carrying on, promoting, or advertising a policy lottery, policy shop, or lottery.”

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Sec. 2.

There is hereby added to said Act a new section to be known as section 863 (a), to read as follows:

“Sec. 863.

(a)(a)

If any person shall within the District have in his

Possession of lottery ticket, slip, etc.

possession, knowingly, any ticket, certificate, bill, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for the purpose of playing, carrying on, or conducting any lottery, or the game or device commonly known as policy lottery or policy, he shall be fined upon conviction of each said offense not more

Penalty.

than $500 or be imprisoned for not more than six months, or both.”

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Sec. 3.

Section 911 of such Act is hereby amended to read as

31 Stat. 1337.

6 D. C. Code § 357.

follows:

“Sec. 911.

Upon complaint, under oath, before the police court,

Searches.

or a United States commissioner, setting forth that the affiant believes and has good cause to believe that there are concealed in any house or place articles stolen, taken by robbers, embezzled, or obtained by

Stolen, etc., articles.

false pretenses, forged or counterfeited coins, stamps, labels, bank

Counterfeits, forgeries, etc.

bills, or other instruments, or dies, plates, stamps, or brands for making the same, books or printed papers, drawings, engravings, photographs, or pictures of an indecent or obscene character, or instruments for immoral use, or any gaming table, device, or apparatus

Unlawful gaming devices, etc.

kept for the purpose of unlawful gaming, or any lottery tickets or lottery policies, or any book, paper, memorandum, or device for

Books for recording bets, etc.

or used in recording any bet or deposit of money or thing or consideration of value received for any share, ticket, certificate, writing, bill, slip, or token in any pool or lottery or as a wager on or in connection with any race, game, contest, election, or other gambling transaction or device of an unlawful nature as defined in sections

31 Stat. 1330, 1331.

6 D. C. Code §§ 151–154, 156, 157.

Description of place to be searched, things and person to be seized.

863, 864, 865, 866, 868, and 869, of the Act of March 3, 1901, as amended and supplemented, particularly describing the house or place to be searched, the things to be seized, substantially alleging the offense in relation thereto, and describing the person to be seized, the said court or United States commissioner may issue a warrant

Warrant.

either to the marshal or any officer of the Metropolitan Police commanding him to search such house or place for the property or other things, and, if found, to bring the same, together with the person to be seized, before the police court or United States commissioner issuing said warrant, as the case may be.

“The said warrant shall have annexed to it, or inserted therein, a

Affidavit to be annexed.

copy of the affidavit upon which it is issued, and may be substantially in the form following:

“‘Whereas there has been filed before _____________ an affidavit, of

Form.

which the following is a copy [here insert]. These are therefore to command you to enter [here describe the place] and there diligently search for the said articles, goods, or chattels in the said affidavit described, and that you bring the same, or any part thereof, found on said search and also the body of _____________ before the police court, or United States commissioner, as the case may be, to be dealt with and disposed of according to law.’”

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Sec. 4.

Section 914 of such Act is hereby amended by adding a new

31 Stat. 1338.

paragraph thereto, the same to read as follows:

“If the property seized be articles, games, devices, or contrivances

Disposition of seized property.

maintained, kept, set up, or used in violation of sections 863, 863 (a) 864, 865, 866, 867, 868, or 869 of this code, they may be ordered destroyed, under direction of court, irrespective of any trial or the outcome thereof.”

Sec. 5.

If any provision of this Act, or the application thereof to

Saving clause.

any person or circumstance, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.