All persons who shall claim money or property lost at gaming, or when said money or property may be claimed by his spouse, child, relation or friend, said person, although he may have gambled, is hereby exempted from the punishment imposed by the laws prohibiting and restraining gaming.
History: Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 14; C.L. 1884, § 2303; C.L. 1897, § 3212; Code 1915, § 2520; C.S. 1929, § 58-114; 1941 Comp., § 25-1014; 1953 Comp., § 22-10-14; Laws 1973, ch. 59, § 2.
Specific gambling penalty did not impliedly repeal this section. — Laws 1921, ch. 86 (since repealed) did not repeal by implication the exemption provision (this section) when it imposed a specific penalty for gambling. State v. Schwartz, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418.
This statute (44-5-1 to 44-5-14 NMSA 1978) was designed to discourage gambling by depriving the person winning any of the things therein enumerated of any title thereto, and by providing the right to recover same. State v. Schwartz, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418.
After gambling prosecution, person may not invoke these provisions. — The statute (44-5-1 to 44-5-14 NMSA 1978) imposes a duty upon one invoking it. It requires him to come forward, disclose and make known the criminal act by the filing of a civil action for recovery of his losses. He may not delay such disclosure until such time as he is charged with the offense and then reap the benefits of the statute. State v. Schwartz, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418.
Law reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
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