The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1846-02-04
OHIO LAW
An ACT
More eectualy to prevent Gambling, passed January
H. 1916

AN ACT
More electualy to prevent Gambling, passedJanuary
II, 1876.
SIC. ]. Be il enacted by tie General Assena-
bly, Of the State Of Ohio, That if any person
shall keep a room building, arbor, booth, shed or
tenement, 70 be used or occupied for gambling, |
or shall, knowingly, permit the same TO be used
or occupied for gambling; or if any person, being
the owner of any room, building, arbot, booth,
she'd, or tenement, shall rent the same to be used
or occupied for gambling, the person so offend
ing, shall, on conviction thereof, be fined in any
sum not less than fifty, nor more than five hnn-
dred dollars; and if the owner of any room, build
ing, arbor, booth, shed, or tenement, shall know
that any gaming tables, apparatus, or establish
ment, is Kept OF used in such room, building, ar
Dor, booth, shed, or tenement, for gambling, and
winning, betting, or gaining money, or other pro-
perty, aud shall not, forthwith, cause complaint
to be made against the persons so keeping OF
using such room, building, arbor, booth, she'd, or
tenement, he shall be taken, held, and consider
ed 10 have, knowingly, permitted the same to be
used and occupied for gambling.
Sec. 2. If any person shall keep or exhibit
any gaming table, establishment, device, OR ap-
paratus, TO win or gain money, or other property
ofvalue, or to aid or assist, or permit others to
do the same; or if any person shall engage in
gambling for livelihood, or shall be without any
fixed residence, and in the habit or practice OF
gambling, he shall be deemed and taken to be u
common gambler, and upon conviction thereof,
shall be imprisoned and kept at hard labor in the
penitentiary, not less than one, nor more than
five years, and be fined five hundred dollars, to
IL i of hn tVh o
such conviction shall take place, for the use OF
common schools therein.
SEC 8. Ifan affidavit shall be filed with the
magistrate before whom complaint shall be made,
of an offence against any provision of this act,
stating that the afant has reason to believe, and
docs believe, that the person charged in such
lcomplaint has upon his person, or al any other
place named in such affidavit, any money, or
any specified article of personal property, or any
gaming table, device, or apparatus, the discov-
cry Of which might tend 10 establish the truth of
such charge, the said magistrate shall, by his
warrant, command the officer, who is authorized
10 arrest the person so charged, TO make diigent
search for such money or property, and table,
device, or apparatus; and if found, to bring the
same before such magistrate-and the officer
seizing the same, ahalretain possession thereof,
subject to the order of the magistrate before
whom he takes the same, until the discharge, or
commitment, or letting TO bail of the person
charged; and in case of such commitment, or
letting TO bail OF the person 50 charged, such Of
icer shall retain such property, subject to the or
der of the court before which such offender may
be required to appear, until his discharge or
lco1viction. And in case Of the conviction OF
such person, the gaming table, device, or appara-
tus, shall be destroyed, and the money and other
property shall be liable to pay any judgment
which may be rendered against such person; and
lin case of the discharge of such person by the
magistrate, or court, the officer having such pro-
petty in his custody, shall, on demand, deliver il
10 such person.
SEC. 4. Ifany person, called 10 testify on be
half Of the state, before any justice ofthe peace.
grand jury, or court, upon any complaint, lntor-
nation, or indictment, for any offence made pun
ishabe by this act, shall disclose any fact tending
TO criminatc himself in any matter made punish
able by this act, he shall thereafter be discharged
of and from all liability TO prosecution or punish
ment, for such matter Or offence.
SEC 5. 1t shall be lawful for any Justice o.
the peace, chief magistrate of any municipal
incorporation, or judge of any court Of common
pleas, upon complaint on oath, that any gaming
table, establishment, apparatus, or device, is KEEP
| for the purpose of being used to win or gain mo
1ney or other property, by the owner thereof OF
ony other person, to issue his warrant command
ing any sheriff, constable, or any marshal of any
municipal corporation, to whom the same may
be directed, within the proper jurisdiction, after
demanding entrance, to break open and enter
any house or other place where such gaming es
lablishment, apparatus, or device, SHALL be kept
and to seize and safely keep the same to be
dealt with as hereafter provided.
SEC. 6. Upon the return Of said warrant ex
ecuted, the authority issuing the same, shall pro
ceed TO examine and inquire touching the sale
complaint, and if satisfied that the same is true
The shall order the officer so selling such gaming
establishment, apparatus, or device, forthwith 4
destroy the same; which order the said office
shall proceed to execute in the presence Of saic
authorty, unless the person charged as keepe
of said gaming establishment, apparatus, or de
tvice, SHALL without delay, enter into recogni
zance in the sum of two hundred dollars, wit
sufficient sureties, TO be approved by said autho
ry, for the appeal of said complaint TO the cour
'lof common pleas, next 10 be held in the prope
county, conditioned that the defendant will ap
pear at the next term of the court TO which h
,Iappcals, and abide the order Of such court, am
for the payment of the full amount of the fin
and all costs, in case he shall be found guilty
the offences charged, and judgment be rendere
against him in said court.
SEC 7. The officer taking such rocognisanct
shall return the same to the clerk of the cou
to which said appeal is taken forthwith, and sue
clerk shall file the same III his office, and th
complaint shall be prosecuted in such court, b
: indictment, as in other criminal cases; and upo
t conviction, the appellant shall be fined not moi
than fifty dollars, and shall pay the costs of pro
d ecution; and such gaming establishment, app
s ratus, or device, shall be destroyed
Src II 4holl he the duty of all sheriff