Every stakeholder who shall knowingly receive any money or property, staked upon any betting, declared gaming by the provisions of this chapter N.M. Stat. Ann. § 44-5-1 to 44-5-14, shall be liable to the party who placed such money or property in his hands, both before and after the determination of such bet, and the delivery of the money or

property to the winner shall be no defense to an action brought by the loser for the recovery thereof: provided, that no stakeholder shall be liable afterwards, unless a demand has been made upon such stakeholder for the money or property in his possession previous to the expiration of the time agreed upon by the parties for the determination of such bet or wager.