Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-05-29
GAMING LAW.


So, I. Be q enacted By ne Ne1dte q
49,. - ntatiues Of ne Sac 81 lAi
yts-l ; e gsneral assembly, convened. Th
=, sorsenenfs, notes, bills, bonds,
81 eon1gaets. judgements, mortgages Or Of
-er6ritios, or conYeyances, whatsoeY'
49, given, granted, drawn or entered mt
- er6e1ted by any persono rpersons what's
Svsr. before on after passing this act, where p
whole OF any part Of The consideration
-iehpromise, agreements conveyanees or sect
Tfties. shall be for money or other Yaluab
fbing whatsoever, won, laid or betted at card
diee. table. tennis, bowls or any othe
came. or Games whatsoever, or At any. hoTs
Tsce. cock lighting, or any other sport or pas
tir,e. a. any wager whatsoever, or for REIN
b,1rs;nry ar yspaving any money knowingly len
~ ADVANCED al the time and place Of sue
NAV. horse racing, cock fighting, or other spor
81 5ssti;rne. TO any person or persons so gaIninl
betf;ng Or wagering, OF that shall, at suchtim
and Mace. so play, bet, or wager, shall be utter
" void Illustrate and Of. none effect, to all in
tents and purposes whatsoever; any law, Gus
tom or usage, to the contrary thereof, in any
wise notwithstanding.
SEC 2 Any conveyance or lease Of lands
tenements or Entertainments, sold, demised o
mortgaged, and any sale, mortgage or othe
transierof slaves OF other personal estate, Il
any person, or for his use, TO satisfy or secur
money, or other thing, by him won 81, or lent o
advanced to, the selor, lessor, or mortgagor, o
whereof money or other thing, so won or lent
or advanced, shall be part or all of the consid
Grafton money, shah muTe 10 the use OF thu
heirs of such mortgagor, lessor, bargainor, o.
vendor, and shall vest the whole estate and IN
terest of such person in the lands, tenements
and Entertainments, so leased, mortgaged, bar,
gained OF sold, and in the slaves or other per.
Sonal estate, so sold, mortgaged or otherwise
transferred, to all intents and purposes, In the
heirs of such lessor bargainor, mortgagor, or
vendor, as if such lessor, bargainor, mortga-
Tor, or vendor had died mtestate.
SEC. 8. II any person or persons whatsoev-
er, at any time hereafter, within the space of
twenty-fOur hours, by playing at any game or
games whatsoever, or by betting on the sides
or hands of such as do play at any game or
games, shall lose, to any one or more person or
persons, so playing or betting, the sum or val
ne of ten dollars or more, in the whole, and
shall pay or deliver the same, or any part
thereof the person or persons so losing and
paying or delivering the same, shall be atliber-
ty, within three months then next following, to
sue for and recover the money or goods SO lost
and paid, or delivered, or any part thereof
from the respective winner or winners thereof
with costs Of suit, by summons or warrant, be-
ore justice of the peace, where the amount
Dr. value thereof does not exceed twenty dol
ars, then by action Of debt, trover or detinue.
Is the case may require, to be prosecuted in
my court of Law within this State HAVING in
lsdlctOn thereof; in which action It shall be
uticlent to allege that the defendant is indebt-
d TO the plaintiff, or received to the plaintiffs
se, the money so lost and paid, or converted
he goods won of the plaintiff, to the defen- |
ants use, or detalns such goods from the |
lalntltt' whereby the plaintiffs action accrued
D hun, according to the form of this act, with
ut setting forth the special matter; and IN |
ase the party losing such money or other
lng, as aforesaid, shall not within the time
Ioresaid, really and bona tide, without GOWN
collision, sue, and with effect prosecute for
e money or other thing so lost and paid, or
ahVered, it shall and may be lawful to and for
y other person or persons, by any such ac-
IN or suit as aforesaid, TO sue for and re-
yer the same, and treble the value thereof,
IN costs OF suit against such winner
winners, as aforesaid, the one moiety
9reot to the use of the person or persons
ing for the same, and the other noietv to
9 State, for the benefit of the literary fund
q every person, who, by virtue of this act,
iah OF may be liable to be sued for moneys or
1ef thngs so won, as aforesaid, shall be |
lngSe and compehable to answer upon oath, |
len Dlll or bills as shall be preferred against
I'M on them for discovering the money or 9TH
Ihilg so won at play, as aforesaid: PrOUi-
ca atlodyS, That, upon discovery and repay
lent OF the money or other thing SO to be dis
oVered and repaid, as aforesaid, the person
no persons discovering and repaying the
anne shall be acquitted, Unidentified and dis
haiged nom amy further or other forfeiture.
punishment or penalty, which he or they NAV
ave incurred by the playing for and Winning
'ucn money or other thing, SO discovered ana
Pee. A. To prevent gaming at ordinances
ma other public places, which must be Of
.en attended with quarrels, disputes and con-
roVersies, the Impeachment of MANY peo-
pie and their families, and the ruin Of the
health and corruption of the morals of youth.
who upon such occasions, frequently fall In
company with lewd, idle, and dissolute Der.
sons, who have no other way of maintainina
themselves but by gaming BE II therefor,
enacted, That, if any person OF persons shall, a
any time play in an ordinary, race-feld, or a
ny other public place, at any game or gamel
except bowls, Backgammon. ches
or draughts, or shall bet on the sides or hand
of such as do game, every such person, upo
conviction thereof, before any Justice of tn
peace in any county within this State, by tn
oath Of one or more credible witnesses, (Whic
oath the said justice is hereby empowered I
administer0 OF. by the view of such justice, Q
the confession Of the party accused, shall fol
felt and pay twenty dollars, to be levied b
distress, and sale of the offenders goods, b
warrant under the hand Of the Justice befor
whom such conviction shall be-; which penal
ty and forfeiture shall accrue to the State. 70
the use and benefit Of the literary fund.
SEC. b. II any person, by playing or bet
ting at any game or wager whatsoever, at an
time within the space of tyenty-four hourt
shall lose or win to or from another, create
sum, or any thing of greater value than tween
~ dollars, the loser and winner shall be liable &
pay one han OF the entire sum, above the sal,
sum- OF twenty dollars, which he shall SO Wi
or lose; and upon information thereof made B
any justice Of the peace, and due proof therec
had, such justice Of the peace shall lev
upon the goods and chatteIs Of the offender
the iun penalty incurred, to accrue to the Stat
lor the use and benefit Of the literary fund.
SEC .. And, whereas divers lewd and dis
soiuee persons 1--we at great expenses, HAVING
no visible estate, profession or calling to sun
port them, but By gaming only BE- & therefor
ellao.94' That It shall and may be lawful 70
any Two JUSTICES OF the peace, IN any county
within this State, TO cause Al Como -. 4
brought before them, eyerv ,,ersor SU;t6i, tl,s;
respective limits whom t5ev sbaIl have 'i h.
cause to suspect to have no visible estaie. Sro
tession or calling to maintain bTsslf ~ -,
for the most part Supporting binself 4, - -
ming; and, II such person sbalI nnt 49, 8;
appear TO such justices that tie rr;nc;nsl ~.
q ms expenses is not maintained nv 5sn1. 4.
they shall require Of him P5,,Jl;.;oS-t