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Dec. Ses. 1817
Proviso.
Oath of com-
missioners.
—of clerk.
Penalty for
publishing
scheme con-
trary to this
act.
Add'l commis-
sioners—Bond.
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ets contrary to this act, shall forfeit and pay the sum of five hun-
dred dollars for each and every offence, to be recovered by action
of debt in Baltimore city court, in the name of the state, one half
thereof to the informer, the other half to the state of Maryland;
Provided, that nothing herein contained shall be construed to pre-
vent the appointment of any manager of any lottery now authoris-
ed, as lottery commissioner.
12. And be it enacted, That before the said commissioners, or
any of them, shall proceed to act under and by virtue of 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 required under this act, and in all acts re-
quired to be done by the commissioners, a majority of them shall
be sufficient to do and perform the same.
13. And be it enacted, That before the clerk of the commission-
ers 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.
14. And be it enacted, That if any managers 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 for-
feit 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 pur-
porting 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 lines or penalties imposed by this act,
the said suits shall be tried at the first court alter the institution of
them, unless the court shall be satisfied, by the affidavit, of the in-
former, or defendant or defendants, that a continuance is necessary
for a fair and just trial of the cause.
15. And be it enacted, That so soon as all the lotteries now au-
thorised by law, shall either have been drawn, or the right to draw
them forfeited as herein before provided, two additional commission-
ers shall be appointed by the governor and council, who shall have
like, salaries, to be paid in like manner as the commissioners afore-
said, and take the oath herein before prescribed, before they pro-
ceed 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 per-
form all the duties of commissioners of lotteries, and faithfully pay
over all monies which shall come into their hands as commission-
ers of lotteries, to those who shall by law be entitled to the same,
and the said bond shall be recorded among the records of Balti-
more city court by the clerk of said court, and a copy thereof, un-
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