Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1846-02-04

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tor gambling. the persons so offending. shall,
ON conviction hereof. b. fined IN any sum
not less than fifty, nor more uhsn five hum
dred dollars, and ii the owner OF any room,
building, srbor. booth. shed OF tenement,
shall know that any gambling tables, apPar-
atus. er establishment. IL KEEP, or used IN such
room, building. orbor, booth. shed or tcne-
ment. for gambling. and winning, betting. or
gaining money. OF other property. and shall
not. forthwith, cause complaint, TO be made
asains, the persons ~ kec ping or using such
room. building. srbor. booth. shed, or teue-
mtnt. he shall b. taken, held. ant consider
ell to have knowingly permitted the same 10
b,u e an | occupied for gambling.
SIC. :. IL any person shall keep or En-
hibit any gaming table, establishment, device
or apparatus, In win or gain money. or other
property oi value, or to AID OF assist. or per
init Others TO do the sanie; or II any r.rson
shall engage la gambling Tor a livelihood. or
shall b. without any fixed residence, and IN
the habit or practice OF gambling. he shall b.
deemed aud taken To b. n common gambler,
and upon conviction thereof. shall be impris-
oned aud kept at hand labor in the %peniten-
tisry not less than one, nor more than five
years, and BE- fined five hundred dollars tn be
paid into the treasury Of the county where
such conviction shall take place, for the use
of commoa schools therrin.
SIC. 3. II an affidavit shall b. filed with
the magistrate before whom complaint shall
bc made, OF an offence against any provision
oi this act, stating that the sfiant has reason
To believe, and docs believe, that the person
charged in such complaint has upon his person,
or at any other place named in such affidavit,
any money. or any specified articles OF per
sonnl property, orany gaming table, device,
or Apparatus, the discovery of which might
tend 10 establish the truth Of such charge. the
said magistrate shall. by his wsnan, command
the officer Who i authorized toauestt the per-
son ~ charged, 10 make diligent search for
such money or property, and table, device, or
apparatus; and il found, To bring the same
before such magistratc-and the ofhcer seik-
ing the same shall retain possession thereof,
subject tn the order OF the magistrate before
whom he takes the same. until the discharge
or commitment, or letting TO bail OF the per
son charged; and in case of such commitment.
or letting To bail of the person - charged,
such Officer shall retain such property, subject
10 the order of the court before which such Of
fender may b. required 10 appear, until his
discharge or conviction. AM in case of the
conviction OF such person, the gaming table,
device. or apparatus, shall be destroyed, aud
the money and other property shall b. liable
To pay any judgement which may b. rc dered
against such person; aud in case OF the dis
charge ot such person by the magistrate or
court. the officer having such property in his
custody shall, on demand, deliver 1t 10 such
person.
SIC. 4. Hsny person, called to testify on
behalf OF the state, before any justice of the
peace, grand jury, or court, upon any ON
plant, information, or indictment, for any OF
fence made punishable by this act, shall dis
close any fact tending 10 crimiuate himself
in any matter made punishable by this act. he
sail hereafter BE- discharged OF and from all
liability 10 prosecution or punishment, for
such matter of Offence.
Sac. >. IL shall be- lawful for any Justice
OF the peace, chief magistrate OF any munich
pal Incorporation, or Judge oil any court Of
common pleas, upon complaint on oath. that
any gaming table, establishment, apparatus, or
device, ~ KEEP, Tor the purpose Of being used
to win or gain money OF other property, by ths
owner thereof, or any other persons, 20 issue
his warrant, commanding any sheriff, consta
Bile, OF any marshal OF any municipal corpora.
ton, to whom the same may be directed. with.
in the proper jurisdiction. After demanding
entrance, to break open and enter any house
or other place where such gaming. establish.
ment, apparatus, OF device shall be kept, and
TO seize and safely keep, the same 10 be deal,
with as hereafter provided.
SIC. o. Upon the return Of said warrant
executed. the authority issuing the same, shall
proceed TO examine and enquire touching the
said complaint, and IL satisfied that the same i.
true, he shall order the officer 10 seizing such
gaming establishment, sppamtus, or device.
forthwith 10 destroy the same; which order
the said officers shall proceed TO execute in the
presence Of said authority, unless the person
charged as keeper Of said gaming establish
ment, apparatus. or device, shall without de.
lay, enter into a recogpiEsnce in the sum of
two hundred dollars, with sufficient ~sureiies
TO BE- approved by said authority, for the up.
peal OF said complaint 10 the court OF common
pleas, next Ia be held in the proper county
conditioned that the defendant will appear o.
the next term of the court TO which he appeals
and abide tbs order of such court, and for th,
payment Of the foil amount OF the fine and oil
cost. in case he shall be found guilty OF Ia.
offences charged, and judgment BE- rendeTela.
gainst him IN said court.
SIC. The officer taking such ncogniz
snce, shall return the same 10 the clerk Of III,
court To which said appeal is taken forthwith
and such clerk shall file the same in his Office
and the complaint shall be prosecuted i'm sucl
court, By indictment, as in other crimina
cases. and upon conviction, tho appellant shal
be fined not more than fifty dolIsTs. and shall
pay the cost OF prosecution; and such gamin
establishment, apparatus, or device shall b
destroyed.
Sac. g.. IL shall he the duty Of all sheriff.
consiables, msrshsls OF incorporated cite,
towns, aud boroughs. and ofall prosecutings
torneys. TO inform aud prosecute all offence
against this act.
SIC. 9. This act shall be given in charge I
|, the grand Jury by the president Judge OF III
court OF common pleas ia the respective cour
a ties.
: SIC. 10. This act shall take effect on Il
Z first day OF March next.
ELIAS r. DRAKE,
= Speaker Of the House Of Representatives.
SEABURY FORD,
II Speaker Of the Senate.