If any person shall within the county keep, set up, promote or be concerned as owner, agent, clerk or in any other manner, in managing, carrying on, promoting or advertising, directly or indirectly, any policy lottery, policy shop, or any lottery, or shall sell or transfer any chance, right or interest, tangible or intangible, in any policy lottery, or any lottery or shall sell or transfer any ticket, certificate, bill, token or other device, purporting or intended to guarantee or assure to any person or entitle him to a chance of drawing or obtaining a prize, to be drawn in any lottery, or in a game or device commonly known as policy lottery or policy or shall, for himself or another person, sell or transfer, or have in his possession for the purpose of sale or transfer, a chance or ticket in or share of a ticket in any lottery or any such bill, certificate, token or other device, he shall be fined upon conviction of each such offense not more than one thousand dollars ($1,000.00) or be imprisoned not more than three (3) years, or both. The possession of any copy or record of any such chance, right or interest, or of any such ticket, certificate, bill, token or other device shall be prima facie evidence that the possessor of such copy or record did, at the time and place of such possession keep, set up or promote, or was at such time and place concerned as owner, agent, clerk or otherwise in managing, carrying on, promoting or advertising a policy lottery, policy shop or lottery. (Mont. Co. Code 1965, § 10-9; 1933, ch. 258, § 413A.)
