State Codes and Statutes

Statutes > Connecticut > Title53 > Chap946 > Secs53-291to53-300

      Secs. 53-291 to 53-300. Sale of property by lottery. Property disposed of by hazard. Lottery tickets not to be sold. Drawing a lottery. Pool selling. Sporting contest pools. Policy playing; gaming by use of lottery slips or tickets. Possession of lottery tickets of other state or county. Gift enterprise forbidden. Work and recreation on Sunday. Sections 53-291 to 53-300, inclusive, are repealed.

      (1949 Rev., S. 8607, 8668-8676; 1951, S. 3302d; 1953, S. 3302d, 3307d; 1955, S. 3302d; 1957, P.A. 614, S. 2; 1959, P.A. 85; 1961, P.A. 382; 528, S. 1, 2; 1963, P.A. 522; February, 1965, P.A. 154, S. 1; 383; 384; 1967, P.A. 202; 1969, P.A. 34, S. 2; 216; 1971, P.A. 865, S. 22-27; 1972, P.A. 187, S. 16, 17; P.A. 73-455, S. 9; P.A. 76-415, S. 9; 76-435, S. 81, 82.)

      See Sec. 53-278a et seq. re gambling, generally.

      See note to Sec. 52-207.

      Annotations to repealed section 53-300 concerning work and recreation on Sunday:

      Under this section a loan of money made on Sunday cannot be recovered in a civil action. 35 C. 217. Contracts made on Sunday are void. 37 C. 557. One hiring or driving horse on Sunday is liable for wilful or negligent injury. 40 C. 115. Endorsement of note on Sunday is no defense against one not having knowledge. Id. 235. Statute excepting works of necessity not construed as confining the exception to acts of absolute physical necessity. 50 C. 253. Party defrauded in sale on Sunday cannot recover for fraud. 56 C. 335. Preceding oral negotiations made on Sunday do not invalidate written contract subsequently made on weekday. 58 C. 395. History of this section. 66 C. 274; 68 C. 376. Sale of tickets to moving picture theater on Sunday within section; charge considered. 80 C. 583. If day set for doing an act which may not lawfully be done on Sunday falls on Sunday, performance may be made on the next day. 90 C. 714; 100 C. 85. Real estate commission may be recovered though contract to convey to seller was made on Sunday. 96 C. 305. Section 26-73 prohibiting shooting or hunting on Sunday held to be a game law rather than a Sunday law. 98 C. 702 et seq. Does not discriminate among stores. All dealers of any particular item of merchandise are treated alike. 143 C. 502. Sale of antiques as distinguished from other items held constitutional. 145 C. 554. Cited. 151 C. 547, 549. Bingo is a secular business which cannot be conducted on Sunday. 154 C. 583. Agreement executed on Monday, although described as extension of contract previously negotiated and executed on Sunday, held in fact new contract and reference to earlier agreement was to satisfy statute of frauds. l55 C. 52. Cited. 177 C. 304.

      Contract void because made on Sunday cannot be ratified by later action. 14 CS 405. "Secular business" involves passing of consideration and not making of gifts. 15 CS 349. Cited. 25 CS 174. Prohibition on conduct of secular business on Sundays is applicable to the adoption of zoning regulations by a town zoning commission. 31 CS 440. Statute held unconstitutional due to its vagueness and ambiguity. Arrests and prosecutions under statute violated due process and equal protection since statute was enforced in selective and discriminatory manner. 33 CS 55. Cited. Id., 141. Trial court's conclusion that defendant had exposed for sale and required an employee to sell items in violation of statute was not supported by the evidence. Id., 716.

      Meaning of "dancing" not so ambiguous as to render statute unconstitutional. 2 Conn. Cir. Ct. 372. History discussed. Id., 586. Claim of defendant who was president, treasurer and majority stockholder of corporation that it was the corporation and not he that kept the shop open on Sunday had no merit. Id. 587. Application of statute not limited to owners or those having a financial interest in the business. 3 Conn. Cir. Ct. 36. Statute is valid exercise of police power and not contrary to federal and state constitutions. 4 Conn. Cir. Ct. 488, 493, 494. Selling produce on Sunday to restaurant owners not work of necessity or mercy or within retail dealers' exemption. Id., 490-492. Defendant not entitled to trial by jury for violation. Id., 494.