Chapter XXI: Section 1: Be it enacted by the Senate and House of Representatives of

the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same_, That if any person shall keep a room, building, arbour, booth, shed, or tenement, to 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, arbour, booth, shed, or tenement, shall rent the same to be used or occupied for gambling, the persons 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, arbour, booth, shed, or tenement, shall know that any gaming-tables, apparatus, or establishment is kept or used in such room, building, arbour, booth, shed, or tenement, for gambling, and winning, betting, or gaining money, or other property, and shall not forthwith cause complaint to be made against the person so keeping or using such room, building, arbour, booth, shed, or tenement, he shall be taken, held, and considered to have knowingly permitted the same to be used and occupied for gambling.

SECT. 2. If any person shall keep or exhibit any gaming-table, establishment, device, or apparatus to win or gain money, or other property of value, or to aid, assist, or permit others to do the same; or if any person shall engage in gambling for a livelihood, or shall be without any fixed residence, and in the habit or practice of gambling, he shall be deemed and taken to be a common gambler, and upon conviction thereof, shall be imprisoned and kept at hard labour in the penitentiary not less than one, nor more than five years, and be fined five hundred dollars, to be paid into the treasury of the county where such conviction shall take place, for the use of common schools therein, to be divided among the accepting school districts in such county, in proportion to the number of taxable inhabitants in each district.

SECT. 3. If an 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 affiant has reason to believe, and does believe, that the person charged in such complaint has upon his person, or at any other place named in such affidavit, any specified articles of personal property, or any gaming-table, device, or apparatus, the discovery of which might lead to establish the truth of such charge, the said magistrate shall, by his warrant, command the officer, who is authorized to arrest the person so charged, to make diligent search for such property and table, device, or apparatus; and if found, to bring the same before such magistrate, and the officer so seizing shall deliver the same to the magistrate before whom he takes the same, who shall retain possession, and be responsible therefor 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 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 conviction of such person, the gaming-table, device, or apparatus shall be destroyed, and the property shall be liable to pay any judgment which may be rendered against such person; and after the payment of such judgment and costs, the surplus, if any, shall be paid to the use of the common schools aforesaid, and in case of the discharge of such person by the magistrate, or court, the officer having such property in his custody shall, on demand, deliver it to such person.

SECT. 4. If any person called to testify on behalf of the state before any justice of the peace, grand-jury, or court, upon any complaint, information, or indictment, for any offence made punishable by this act, shall disclose any fact tending to criminate himself in any manner made punishable by this act, he shall thereafter be discharged of and from all liability to prosecution or punishment for such matter or offence.

SECT. 5. It 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 upon an oath, that any gaming-table, establishment, apparatus, or device is kept by any person for the purpose of being used to win or gain money or other property, by the owner thereof, or any other person, to issue his warrant, commanding any sheriff, or constable, to whom the same shall be directed, within the proper jurisdiction, after demanding entrance to break open and enter any house or other place wherein such gaming establishment, apparatus, or device shall be kept, and to seize and safely keep the same, to be dealt with as hereinafter provided.

SECT. 6. Upon return of said warrant executed, the authority issuing the same shall proceed to examine and inquire touching the said complaint, and if satisfied that the same is true, he shall order the officer so seizing such gaming establishment, apparatus, or device, forthwith to destroy the same; which order the said officer shall proceed to execute in the presence of said authority, unless the person charged as keeper of said gaming establishment, apparatus, or device, shall, without delay, enter into a recognisance in the sum of six hundred dollars, with sufficient sureties, to be approved by said authority, for the appeal of said complaint to the Court of Common Pleas, next to be held in the proper county, conditioned that the defendant will appear at the next term of the court to which he appeals, and abide the order of said court, and for the payment of the full amount of the fine and all costs, in case he shall be found guilty of the offence charged, and judgment be rendered against him in said court.

SECT. 7. The officer taking such recognisance shall return the same to the clerk of the court to which said appeal is taken forthwith, and such clerk shall file the same in his office, and the complaint shall be prosecuted in such court, by indictment, as in other criminal cases; and upon conviction thereof, the appellant shall be fined not more than fifty dollars, and shall pay the costs of prosecution; and such gaming establishment, apparatus, or device shall be destroyed.

SECT. 8. If any person or persons shall, through invitation or device, persuade or prevail on any person or persons to visit any room, building, arbour, booth, shed, or tenement, kept for the use of gambling, he or they shall, upon conviction thereof, be held responsible for the money or properties lost by such invitation or device, and fined in a sum not less than fifty, and not more than five hundred dollars.

SECT. 9. It shall be the duty of all sheriffs, constables, and all prosecuting attorneys to inform and prosecute all offenders against this act, and upon refusal thereof, they shall pay a fine of not less than fifty, nor more than five hundred dollars.

SECT. 10. This act shall be given in charge to the Grand Jury, by the President Judge of the Court of Quarter Sessions in the respective counties.

SECT. 11. This act shall take effect on the first day of July next.

[_Law of Ohio for the suppression of Gambling, drafted by_ J. H. GREEN.]