be fined in any sum not less than fifty dollars, nor more than five hundred dollars; and if any owner of any room, building, arbour, booth, shed, or tenement, shall know that any gambling-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 the 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 or 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.

SECT. 3.  If an affidavit shall be filed with the magistrate before whom complaint shall be made of an offence against any provisions 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 money, or any specified articles of personal property, or any gaming-table, device, apparatus, the discovery of which might tend 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 money or property, and table, device, or apparatus; and if found, to bring the same before such magistrate—­and the officer seizing the same, shall retain 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 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 money and other property shall be liable to pay any judgment which may be rendered against such person; 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 matter made punishable by this act, he shall thereafter be discharged of and from all liability to prosecution or punishment for such matter of offence.