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SEC. 5. 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, on oath being made before
such justice, court, or judge as aforesaid, that any
room, building, arbor, booth, shed, tenement, boat,
float, or other place, is used for making insurances or
betting, or wagering, or receiving any consideration,
money, or other thing, or making any promise or ar-
gument as aforesaid, 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 de-
manding entrance, to break open and enter by day,
or by night, any such place, and to seize and take
into his possession all registers, lists, memorandums,
books and papers, which he may find there, connect-
ed with the use of such place as aforesaid, and which
may tend to prove such use, and hold the same to be
produced on the trial of any offender against the pro-
visions of this act, unless such justice, court or judge,
as the case may be, shall be satisfied that the said
place is not used for gambling, or that the things so
seized and taken are 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 the said things to be destroyed.
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Implements
to be destroy-
ed.
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SEC. 6. 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 in-
vited or pursuaded by reason of such invitation, or
device, and in addition thereto he shall be fined and
imprisoned, according to the provisions of the sec-
ond section of this act, and such person so invited
shall not be a competent witness.
SEC. 7. And be it enacted, That it shall be the
duty of all sheriffs, police officers, or constables, to
inform against all persons whom they shall have rea-
son to believe offenders against this act, or any of its
provisions; and on their refusal or failure so to do,
they shall be held guilty of a misdemeanor, and be
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Persons indu-
cing others to
visit gamblings
houses liable
for money lost.
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