| 1817.
CHAP. 154.
Clerk to take an
oath. |
LAWS OF MARYLAND.
13. AND BE IT ENACTED, That before the clerk
of the commissioners
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. |
Penalty for publishing
scheme
contrary to this
act. |
14. AND BE IT ENACTED, That if any mangers
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 contrary 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,
and 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 necessary
for a fair and just trial of the cause. |
Additional commissioners
—Bond. |
15. AND BE IT ENACTED, That so soon as all
the lotteries now
authorised 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 monies 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 state, and elsewhere, as the original if produced and legally
proven; and the state of Maryland, and all bodies politic and corporate,
or individuals, who may be interested in the performance of
the duties intended to be secured by the said bond, shall be at liberty
to demand a copy of the said bond, and to bring a suit thereon, in
the name of the state, for his, her, or their use, and may recover
thereon the full amount of debt or damages which he, she or they,
may shew him, her or themselves, to be entitled to, or to have sustained. |
Two lotteries may
be drawn annually
in Baltimore. |
16. AND BE IT ENACTED, That said commissioners
be and are
hereby authorised and required, annually, to devise and fix upon
the scheme of not more than two lotteries to be drawn in the city |
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