, 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.
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 d
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