LAWS OF MARYLAND.— 1831.

1013

ence to the lottery system thereof, or that was passed for the
purpose of establishing, modifying, amending, or enforcing the
same, or any part or provision thereof; any and every person
so offending, shall forfeit and pay the sum of thirty dollars
for each and every such offence, one-half to the use of the in-
former, the other to the use of the state; to be recovered by
warrant, before a justice of the peace, in the same manner as

small debts are, or shall be recovered ; Provided however, that
before any warrant shall be granted to enforce any such for-
feiture or payment, it shall be and hereby is made necessary,
that the lottery commissioners shall approve and request in
writing, that such warrant may be issued ; And provided also,
that the prosecution to be instituted, and the forfeiture, and pay-
ment to be enforced by such warrant, shall be substituted for
any other prosecution now authorized, and penalty provided by
law to punish such offence or offender, only in case the said
commissioners shall have approved the issuing of such warrant
as aforesaid, before the same was granted.

Provisos.

SEC. 4. And be it enacted, That the said commissioners shall
take from the person or persons who may contract to raise mo-
ney as aforesaid, to the use of the state, by a scheme or schemes
of a lottery or lotteries, a bond or bonds, with one or more sure-
ties, in twice the sum of such scheme or schemes, conditioned
that the obligor shall and will pay any and every prize that
shall be drawn in such lottery or lotteries as the same shall be-
come payable, and be legally demanded, and every and any
person or persons who may be legally entitled to claim and
receive the sum of any such prize or prizes, the same being
first demanded and unpaid, may prosecute in the name of the
state, an action or actions, on such bond or bonds, at the cost,
and to the use of such person or persons who shall recover
thereon, as fully as if the said bond or bonds had been given
to such person or persons, and his or their executors, adminis-
trators or assigns ; and every bond taken as aforesaid shall be
filed with, and recorded by the clerk of Baltimore county court,
and a copy of such record, under the seal of said court, shall
be received as evidence in any action thereon, in any court of
this state ; And it is hereby provided and declared, that this
state shall not be deemed or held in anywise liable for the pay-
ment of any prize that may be drawn in any scheme of any
lottery which shall be contracted for as aforesaid, and that the
remedy of any and every person or persons, legally entitled to
any such prize or prizes, shall be limited to and exclusively
against the obligors under the bond taken by the commissioners
to secure the payment of such prize or prizes.

Contrac-
tors' bond.

State not
liable for
prizes.

SEC. 5. And be it enacted, That the schemes of lotteries for
which any person or persons shall contract with the commis-

Commis-
sioners to