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2A: 40-8. Penalty for erecting, etc., lottery; action by common informer; disposition of penalty; jurors and witnesses 2A: 40-8. Penalty for erecting, etc., lottery; action by common informer; disposition of penalty; jurors and witnesses No person shall, within this state, publicly or privately, erect, set up, open, make or draw any lottery prohibited by the laws of this state; and any person so doing shall forfeit, for each such offense, a penalty of $2,000, to be recovered with costs in a civil action by any person who shall sue for the same. Of each and every penalty recovered under this section there may be appropriated a portion, which shall not exceed 1% of such penalty, to be assessed by the jury hearing the cause, or by the court if the cause be determined without a jury, to the informer, and the residue of such penalty not so appropriated to the informer shall be appropriated to the use of the county in which the action for the recovery thereof shall have been prosecuted. L.1951 (1st SS), c.344....
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