E. LOUIS LOWE, ESQUIRE, GOVERNOR.
369
court, upon complaint upon oath being made before
such justice, court or judge as aforesaid, that any
gambling table, apparatus, establishment or device is
kept by any person or persons for the purpose of being
used to win or gain money or other property, to issue a
warrant commanding any sheriff, constable or police
officer to whom the same shall be directed within the
proper jurisdictions of such justice, court or judge as
aforesaid, after demanding entrance, to break upon and
enter by day or by night, any house or place wherein
such gambling table, establishment, apparatus or device
shall be kept, and to seize and hold the same, to be
produced on the trial of any offender against the
provisions of this act, unless such justice, court or
judge, as the case may be, shall be satisfied that the
said property be not used for the purpose of gambling,
or is not necessary to be produced on the trial of any
such offender, and on conviction of any such offender,
such justice, court or judge shall order such property
to be publicly destroyed.
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SEC. 5. And be it enacted,
That if any person shall
through invitation or device, persuade or prevail on any
person to wager or put at stake his money or property,
on any fraudulent trick or game, or to visit any room,
building, arbor, booth, shed, tenement, boat, float or
place kept or used for the purpose of gambling or playing
fraudulent tricks of any kind, he shall, upon conviction
thereof, be held responsible for the money or
property lost by such person so invited or persuaded by
reason of such invitation or device, and in addition thereto,
he shall be fined and imprisoned according to the
provisions of the second section of this act, but such
person so invited shall not be a competent witness.
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Fine for persuading
person
to visit
gambling
house.
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SEC. 6. And be it enacted,
That it shall be the
duty of all sheriffs, police officers and constables to inform
against all persons whom they shall have credible
reason to believe are offenders against this act, and for
the refusal so to do, they shall be guilty of a misdemeanor,
and punished by a fine of not less than fifty nor
more than five hundred dollars.
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Duty of
sheriffs and
other officers.
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SEC. 7. And be it enacted,
That if any commander,
owner or lessee of any boat or float, shall knowingly
permit any gambling for money or property on
such boat or float, and shall not, upon his knowledge
of the fact, immediately prevent the same, he shall,
upon conviction thereof, be held responsible for the
money or property so lots, and fined in any sum not
less than one hundred or more than five hundred
dollars.
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Owners of
vessels subject
to fine.
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