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.