The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1846-01-31
OHIO Ia W.
AN ACT.
AN ACT.
More effsctually to prevent Gambling, passed Jan.
uary IL, 1886

If any person shall keep room, build
ing, arbor, booth, shed, or tenement, to
, be used or occupied for gambling, or
) shall, knowingly. permit the same 10 be
used or occupied for gambling; or il
any person, being the owner of any
room, building, arbor, booth, shed, or
tenement, shall rent the same to be u.s.
ed or occupied for gambling, the per-
sons so offending, shall, on conviction
thereof, be fined in any sum not less
than fifty, nor more than five hundred
dollars; and if the owner of any room,
building, arbor, booth, shed, or tene-
ment, shall know that any gaming ta-
bles, apparatus, or establishment, is
kept or used in such room, building, ar
Dor, booth, shed, or tenement, for gam
bling, and winning, betting, or gaining
money. or other property, and shall not
forthwith, cause complaint to be made
against the persons So keeping or using
such room, building, arbor, booth, shed,
or tenement, he shall be taken, held,
and considered TO have, knowingly, per-
mitted the same to be used and occu-
pied for gambling.
! Sec. 2. lfany person shall keep or
exhibit any gaming table, establishment,
device, or apparatus, to win or gain
monev. or other property of value, or
to aid or assist, or permit others to do
the same; or il 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 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 be paid in
10 the treasury of the county where
such conviction shall take place, for the
use Of common schools therein.
Sec. 8. lfan affidavit shall be filed
with the magistrate before whom CON-
plant shall be made, Of an offence
against any provision of this act, stat
ing that the affiant has reason 10 believe,
and does believe, that the person charg-
ed in such complaint has upon his per-
son, or at any other place named in
such affidavit, any money, or any spe-
Gifted articles of personal property, or
any gaming table. device, or apparatus,
the discovery of which nigh, tend to
establish the truth Of such charge, the
said magistrate shall, by his warrant,
command the officer, who is autboriz-
ed to arrest the person so charged, to
make dilligent search for such money
or property, and table, device, or appa-
ratus; and if found, to bring the same
before such magistrate-and the officer
Seizing the same, shall retain posses
sion thereof subject to the order ofthe
magistrate before whom he takes the
same, until the discharge, or commit
ment, or letting to bail of the person
charged; and in case of such commit
ment, or letting to bail Of the person so
charged, such officer shall retain such
property, subject to the order of the
court before which such offender may
be required to appear, until his discharge
or conviction. And in case of the con-
viction Of such person, the gaming ta-.
BILE, device, or apparatus, shall be des-
troyed, and the money and other prop
erty shall be liable to pay any judg-
ment which may be rendered against
such person; and in case of the dis
charge of such person by the magistrate,
or court, the officer having such prop
erty in his custody, shall, on demand,
deliver it to such perspn.
Sec. q. Ifany person, called to tes-
tify on behalf of the state, before any
Justice of the peace, grand jury, or court
upon any complaint, information, or in
dictment, for any offence made punish
able by this act, shall disclose any fact
tending to criminate himself in any mat
ter made punishable 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 OF the peace, chief magistrate Of /
any municipal incorporation, or judge
of any court of common pleas, upon
complaint on oath, that any gaming ta-
BILE, establishment, apparatus, or device,
is kept for the purpose of being used to ,
win or gain money or other property,
by the owner thereof, or any other per- {
son, to issue his warrant, commanding :
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 gam
ing establishment, apparatus, or device
shall be kept, and to seize and safely