|
|
|
insurances, bets, wagers, receipts, promises or agree-
ments as aforesaid, the discovery of which might lend
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 table, de-
vice, or apparatus, register, list, memorandum or
book; 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 party so charged; and in case of such
commitment or holding to bail of the person so
charged such officer shall retain such property sub-
ject to the order of the court, before which the per-
son charged with such offence may be required to ap-
pear until his discharge or conviction; and in case of
the conviction of such person, the gaming table, de-
vice, or apparatus, register, list, memorandum or
book, shall be destroyed; and in case of the dis-
charge 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.
|
|
|
|
Lawful to en-
ter by force
any building
where gamb-
ling is suspec-
ted.
|
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
court, upon complaint, upon oath being made before
such justice, court or judge, as aforesaid, that any
gambling table, apparatus, or device is kept by any
person or persons, for the purpose of being used to
win, or gam 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 jurisdiction of such justice, court or judge, as
aforesaid, after demanding entrance to break open or
enter by day, or by night, any house or place where-
in 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 or-
der such property to be publicly destroyed.
|
|
