SECT. 5.  It shall be lawful for any justice of the peace, chief magistrate of the municipal incorporation, or judge of any court of common pleas, upon complaint on oath, that any gaming-table, 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 person, to issue his warrant, commanding any sheriff, constable, or 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 gaming establishment, apparatus, or device shall be kept, and to seize and safely keep the same, to be dealt with as hereafter provided.

SECT. 6.  Upon the return of said warrant executed, the authority issuing the same shall proceed to examine and inquire touching the said complaint, and if satisfied 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 two 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 such court, and for the payment of the full amount of the fine and all costs, in case he shall be found guilty of the offences 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 complaint shall be prosecuted in such court, by indictment, as in other criminal cases; and upon conviction, 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.  It shall be the duty of all sheriffs, constables, marshals of incorporated cities, towns, and boroughs, and of all prosecuting attorneys, to inform and prosecute all offences against this act.

SECT. 9.  This act shall be given in charge to the Grand Jury, by the President Judge of the Court of Common Pleas in the respective counties.

SECT. 10.  This act shall take effect on the first day of March next.

ELIAS F. DRAKE,
Speaker of the House of Representatives.

SEABURY FORD,
Speaker of the Senate.

Jan 17, 1846.