ed 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
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