368
LAWS OF MARYLAND.
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or if committed in the city of Baltimore, to the
mayor and city council of Baltimore, for the use of the
public schools of said city, and in no case shall judgment
be suspended beyond the last day of the term of
the court, during which such conviction shall have taken
place.
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Upon affidavit
justice of
peace to issue
warrant.
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SEC. 3. And be it enacted,
That if an affidavit
shall be filed with any justice of the peace for any
county of this State, or of the city of Baltimore, before
whom complaint shall have been made of an offence
against any provision of this act, stating that the affiant
has reason to believe, and does believe that the person
so charged in such complaint, has upon his person or
at any other place named in such affidavit, any money
or other specified articles of personal property, or any
gambling table, device or apparatus, the discovery of
which might lead to establish the truth of such charge,
the said justice of the peace shall issue a warrant commanding
the officer, who is authorised to arrest the person
so charged, to make diligent search for such money,
property, table, device or apparatus, and if found, to
bring the same before such justice, and the officer so
seizing, shall deliver the same to the justice before
whom they are taken, who shall retain possession of
said property, and be responsible therefor until the discharge
or commitment, or holding to bail of the person
so charged, and in case of such commitment of holding
to bail of the person so charged, such officer shall
retain such property subject to the order of the court
before which the person charged with such offence,
may be required to appear until his discharge or conviction,
and in case of the conviction of such person,
the gambling table, device or apparatus shall be destroyed,
and the household property and other fixtures,
with the money belonging to such gambling place, shall
be sold by the sheriff of the county or city in which
such conviction shall be had, to pay any judgment and
costs which may be rendered against such person, and
after the payment of such judgment and costs, the surplus,
if any, shall be paid, for the use of the public
schools of the county or city of Baltimore, as the case
may be, where such prosecution shall take place, as
provided for in the preceding section; and in case of
the discharge of such person by the justice of the peace
or court, the officer having such property in his custody,
shall, on demand, deliver it up to such person.
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Authority for
officer to
break open
house, &c.
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SEC. 4. And be it enacted,
That it shall and may
be lawful for any justice of the peace, or any court
having criminal jurisdiction, or any judge of any such
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