GAMING

M.G.L. pt. Part I, tit. Title XX, ch. c. 137

in effect

M.G.L. c. 137, § 1 Recovery of money or goods lost at gaming or sports wagering; limitation period

c. 137, § 1. Recovery of money or goods lost at gaming or sports wagering; limitation period Section 1. Whoever, by playing at cards, dice or other game, or by betting on the sides or hands of those gaming, except for gaming conducted in licensed gaming establishments pursuant to chapter 23K or sports wagering conducted pursuant to chapter 23N, loses to a person so playing or betting money or goods, and pays or delivers the same or any part thereof to the winner, or whoever pays or delivers money or other thing of value to another person for or in consideration of a lottery, policy or pool ticket, certificate, check or slip, or for or in consideration of a chance of drawing or obtaining any money, prize or other thing of value in a lottery or policy game, pool or combination, or other bet, may recover such money or the value of such goods in contract; and if he does not within three months after such loss, payment or delivery, without covin or collusion, prosecute such action with effect, any other person may sue for and recover in tort treble the value thereof.

M.G.L. c. 137, § 2 Liability of owner, tenant or occupant of gaming house

c. 137, § 2. Liability of owner, tenant or occupant of gaming house Section 2. The owner, tenant or occupant of a house or building, but not including an owner or operator of a gaming establishment licensed pursuant to chapter 23K or an operator who offers sports wagering pursuant to chapter 23N, where money or goods are lost, paid or delivered in any form of gaming referred to in the preceding section, or by betting on the sides or hands of those gaming, with the knowledge or consent of said owner, occupant or tenant, shall be liable in the same manner and to the same extent as the winner or receiver thereof is liable under the preceding section.

M.G.L. c. 137, § 3 Validity of notes, bills, bonds, mortgages, securities or conveyances won by gaming

c. 137, § 3. Validity of notes, bills, bonds, mortgages, securities or conveyances won by gaming Section 3. Notes, bills, bonds, mortgages or other securities or conveyances the whole or part of the consideration of which is money or goods won by gaming or playing at cards, dice or any other game, or by betting on the sides or hands of persons gaming, or for repaying or reimbursing money knowingly lent or advanced for gaming or betting, but not including gaming conducted pursuant to chapter 23K or sports wagering conducted pursuant to chapter 23N, or lent and advanced at the time and place of such gaming or betting to a person so gaming or betting, shall be void as between the parties thereto, and as to all persons except such as hold or claim under them in good faith and without notice of the illegality of the consideration.

M.G.L. c. 137, § 4 Margin contracts to buy or sell securities without actual purchase or sale; purchases or sales made on stock exchange or by persons employed on stock exchange or board of trade

c. 137, § 4. Margin contracts to buy or sell securities without actual purchase or sale; purchases or sales made on stock exchange or by persons employed on stock exchange or board of trade Section 4. Whoever upon credit or upon margin contracts to buy or sell, or employs another to buy or sell for his account, any securities or commodities, intending at the time that there shall be no actual purchase or sale, may recover in contract from the other party to the contract, or from the person so employed, any payment made, or the value of anything delivered, on account thereof, if such other party to the contract or person so employed had reasonable cause to believe that said intention existed; but no person shall have a right of action under this section if, for his account, such other party to the contract or the person so employed makes, in accordance with the terms of the contract or employment, personally or by agent, an actual purchase or sale of said securities or commodities, or a valid contract therefor. A purchase or sale of securities, or a contract therefor, whether calling for present or future deliveries, made on any stock exchange or board of trade established for a period of at least ten years prior thereto, and recognized as valid and enforceable by the law of the jurisdiction where made, shall be deemed an actual purchase or sale within the meaning of this section. If a purchase or sale of the securities or commodities ordered to be bought or sold is made by the person so employed on a stock exchange or board of trade, and other purchases or sales of such securities or commodities are made on the same day on such exchange or board by such person for others in due course of business, and the balance of such purchases or sales of securities or commodities is received or delivered by such person by direction of the clearing house of such exchange or board on the day when such purchase or sale or contract therefor is made, or on the regular clearing day of such exchange or board next thereafter, which shall not be more than four days after the making of such purchase or sale, or contract therefor, such purchases and sales shall be deemed actual purchases and sales within the meaning of this section.

M.G.L. c. 137, § 5 Recovery of stolen or embezzled money or property

c. 137, § 5. Recovery of stolen or embezzled money or property Section 5. If, in a case under the preceding section, the money or property paid or delivered has been stolen, embezzled or fraudulently or wrongfully used by the party entitled to recover under said section, the person to whom it rightfully belongs may in his own name recover it in contract.

M.G.L. c. 137, § 6 Fact of non-ownership of securities at time of contract of sale; prima facie evidence of intent not to receive or deliver

c. 137, § 6. Fact of non-ownership of securities at time of contract of sale; prima facie evidence of intent not to receive or deliver Section 6. In a proceeding under either of the two preceding sections, if the person so employed does not make an actual transaction relieving him from liability under section four, the fact that the seller or the person employing another to sell for his account did not own the securities or commodities at the time of the contract of sale or of the giving of the order to sell, and the fact that settlements were made without completion of the purchase or sale of the securities and commodities bought or sold or ordered to be bought or sold, shall each be prima facie evidence that within the meaning of section four there was an intention that there should be no actual purchase or sale, and that there was reasonable cause to believe that said intention existed; and the parties liable to an action under said section shall be jointly and severally liable.

M.G.L. c. 137, § 7 Securities and commodities; definitions

c. 137, § 7. Securities and commodities; definitions Section 7. In the three preceding sections, the word ''securities'' shall include all evidences of debt or property and options for the purchase and sale thereof, shares in any corporation, joint stock company or association, bonds, coupons, scrip, rights, choses in action and other evidences of debt or property and options for the purchase or sale thereof; and the word ''commodities'' shall include everything movable that is bought and sold.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter137Fetched: 10/20/2026