Krug v. Board of Chosen Freeholders of Hudson Co.

I agree that the judgment in this case should be reversed, but I am reluctant to accept Kenny v. Wachenfeld, 14 N.J. Misc. 322, and Becker v. Farley, 137 N.J.L. 191, as accurate statements of the law. The pecuniary penalty for gambling or operating a lottery is a fine of not more than $5,000 to be assessed by the judge. R.S. 2:135-1 et seq. If the gambler's money is also confiscated, he is subject to an additional penalty not provided by the statute and the size of which is determined by chance. In the case at bar, the plaintiff happened to have on hand at the time of the raid more than…