LAWS OF MARYLAND.— 1817.
|
err
|
missioners, a majority of them shall be sufficient to do and per-
form the same.
|
|
SEC. 13. And be it enacted, That before the clerk of the com-
missioners shall proceed to act under this law, he shall take an
oath before some justice of the peace of Baltimore county* well
and faithfully, without favour, partiality or prejudice, to perform
the duties of his office.
|
Clerk to
take an
oath.
|
SEC. 14. And be it enacted. That if any managers of any
lottery, or other person or persons, shall propose or publish any
scheme of a lottery, or draw or attempt to draw any lottery con-
trary to the provisions of this act, each and every person so
offending shall forfeit and pay the sum of five thousand dollars
for each and every offence, to be recovered by action of debt,
one-fifth thereof to the use of the informer, and the residue to
the use of the county in which such action shall be brought,
and if in Baltimore county court, then to the use of the mayor
and city council of Baltimore ; and if the said lottery shall be
actually drawn, the whole sum purporting to be raised by such
scheme or lottery, shall belong, one-tenth to the informer, and
the residue to the state of Maryland, ahd shall be recoverable
from all or any of the persons so offending, by action of debt,
in the name of the state, in any county court in this state where
the party may commit the offence or reside ; and in all suits or
actions to recover fines or penalties imposed by this act, the
said suits shall be tried at the first court after the institution of
them, unless the court shall be satisfied, by the affidavit of the
informer, or defendant or defendants, that a continuance is ne-
cessary for a fair and just trial of the cause.
|
Penalty for
publishing
scheme
contrary to
this act.
|
SEC. 15. And be it enacted, That so soon as all the lotteries
now authorized by law shall either have been drawn, or the
right to draw them forfeited as herein before provided, two
additional commissioners shall be appointed by the governor
and council, who shall have like salaries, to be paid in like
manner as the commissioners aforesaid, and take the .oath
herein before prescribed, before they proceed to act, and all the
commissioners shall give bond to the state of Maryland, with
five securities, to be approved by the judges of Baltimore city
court, in the penalty of fifty thousand dollars, with condition
that the said commissioners shall well and faithfully perform all
the duties of commissioners of lotteries, and faithfully pay over
all moneys which shall come into their hands as commissioners
of lotteries, to those who shall by law be entitled to the same,
and the said bond shall be recorded among the records of
Baltimore city court by the clerk of the said court, and a copy
thereof, under the hand of the clerk and seal of the court, shall
be to all intents and purposes as available evidence in any court
of justice in this slate, and elsewhere, as the original if pro-
|
Additional
commis-
sioners —
bond.
|
|
|