Auditor and

treasurer to report

Auditor to

report to the

sea. of trea sury US

this act, all books and papers relative thereto, which may be proper for the auditor to have, and for which the auditor shall give a receipt, and charge the treasurer with the amount of any balance of the three per cent. fund, which may be found remaining in his hand.

Sec. 5. Be it further enacted, That it shall be the duty of the auditor and treasurer, to report their proceedings under this act to each house of the general assembly, on or before the fifth day of their annual session.

Sec. 6. Be it further enacted, That it shall be the duty of the auditor to report annually to the secretary of the treasury of the United States an account of the application of the three cent. fund.

per

Sec. 7. BE it further enacted, That the seDuty of the cretary of state be directed and required to forsecretary of ward to the secretary of the treasury of the

state

Clause

United States, a copy of this act within thirty days after the taking effect thereof.

Sec. 8. And be it further enacted, That the Repealing act, entitled An act directing the treasurer of state to transmit to the secretary of the treasury of the United States, an account of the application of the three per cent. fund,' passed the fifteenth day of December, one thousand eight hundred and ten, and all other acts and parts of acts coming within the purview of this act, be, and the same are hereby repealed.

Commence ment

This act to take effect and be in force from and after the first day of May next.

JOHN POLLOCK,

Speaker of the house of representatives.

OTHNIEL LOOKER,

February 11, 1814.

Speaker of the senate.

CHAPTER XI.

An act for the prevention of Gaming.

Sec. 1. Be it enacted by the general assem

bly of the state of Ohio, That all promises, a- Gaming greements, notes, bills; bonds or other contracts, debts made mortgages or other securities whatsoever, after void and not the taking effect of this act, when the whole or recoverable any part of the consideration of such promise, agreement, conveyance or security shall be for money or other valuable thing whatsoever won, laid or betted at cards, dice tables, tennis balls, or any other game or games whatsoever, or at any ho se-race, cock-fighting, or any other sport or pastime, or on any wager whatsoever, or for the reimbursing or repaying any money lent or advanced at the time of such play, bet or wager, so to be betted or wagered, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever, any law, usage or custom to the contrary notwithstanding.

Persons lo

same,

and

the

may recover the

Sec. 2. BE it further enacted, That if any person or persons whatsoever, at any time, by playing at any game or games whatsoever, or sing money by betting on the hands or sides of such as do &c. at any play at any game or games, shall lose to any game, one or more persons so playing or betting, any paying sum of money or other valuable thing, and shall pay or deliver the same or any part there- same in six of; the person or persons so losing and paying months or delivering the same shall be at liberty within six months next following, to sue for and recover the money or other valuable thing so lost and paid or delivered, or any part thereof, from the respective winner or winners thereof, with cost of suit, by action of debt founded on this

act; to be prosecuted in any court or before any justice of the peace in this state having jurisdiction thereof: in which action it shall be sufficient for the plaintiff to allege that the defendant is indebted to the plaintiff or received to the plaintiff's use the money so lost and paid, or converted the goods won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him according to the form of this act, without setting forth the special matter; and in case the party so losing such moIf not sued ney or other thing as aforesaid, shall not within for in six the time aforesaid, bona fide, without covin or months, any collusion, sue and with effect prosecute for the other may sue for and money or other thing so lost and paid or delirecover the vered, it shall and may be lawful to and for any

same

answer

chancery

other person or persons by any such action or suit as aforesaid, to sue for and recover the same with costs of suit, against any such winner or winners as aforesaid, to the use of the person or persons suing for the same.

Sec. 3. Be it further enacted, That every person who by virtue of this act shall or may Persons sued be liable to be sued for monies or other things compelled to in so won as aforesaid, shall be compelled to answer upon oath, such bill or bills in chancery preferred against him or them for discovering the money or things so won at play as aforesaid: Provided, however, upon discovery and repayment of the money or other things so to be discovered and repaid as aforesaid, the person or persons discovering and repaying the same with cost shall be acquitted, indemnified and discharged from any further or other forfeiture, punishment or penalty which he or they may have incurred by playing for or winning such money or other thing so discovered and repaid.

Provise

Sec. 4. Be it further enacted, That if from Importers of and after the taking effect of this act, any per. cards how son or persons whatsoever shall import or bring punished into this state any pack or packs of playingcards, every person so offending shall forfeit and pay for every pack of playing cards so imported or brought into this state, not more than twenty nor less than five dollars; and every person in whose possession any pack or packs of playing cards shall or may be found, after the taking effect of this act, shall be taken and considered as an importer within the meaning of this act, unless such person can prove that such pack or packs of playing cards were in his possession previous to the taking effect of this act.

Penalty for

playing or

betting

Sec. 5. And to prevent gaming at ordinaries Preamble and other public places, which must often be attended with quarrels, disputes and controversies, the impoverishment of many people and their families, and the ruin of the health and the corruption of the manners of youth, who upon such occasions often fall in company with lewd, idle and dissolute persons, who use this way of maintaining themselves. Be it further enacted, That if any person or persons shall at any time play in any ordinary, tavern or race-field, or in any booth, arbor or out-house, connected with such tavern, ordinary or race-field, or at other public place, at any game or games whatsoever, except games of athletic exercise, or shall bet on the hands or sides of such as do play as aforesaid, every person or persons upon conviction thereof, shall forfeit and pay a sum not exceeding seventy nor less than ten dollars, and shall be bound to their good behaviour, with sufficient security, in the sum of seventy dollars, for the term of twelve months; and if any person or persons shall give such security, and afterwards, I

Continued

twithin that time, shall play or bet for any money or other valuable thing whatsoever, such playing or betting shall be deemed a breach of good behaviour, and a forfeiture of their cognizance given for the same.

Sec. 6. Be it further enacted, That if any person, by playing or betting at any game or wager whatsoever, at any time, shall lose or win to or from another, any sum of money or other article of value. the loser and winner shall each on conviction be fined in a sum not less than ten dollars nor more than seventy dollars, and shall moreover be bound to his or her good behaviour for one year.

Sec. 7. Be it further enacted, That if any Penalty for person or persons whatsoever do, or shall, at cheating or defrauding any time or times, by fraud, shift, cozenage, by playing circumvention, deceit, unlawful device, or evil or gaming practice whatsoever, in playing at or with cards, dice or any other game or games, or in or by bearing a share or part in the stakes, or wagers or adventures, or in or by betting on the sides or hands of such as do or shall play, win, obtain or acquire to themselves any sum or sums of money or other valuable thing or things whatsoever, every person so winning by such ill practice, and being thereof convicted, upon indictment, shall be fined not less than fifty dolJars, nor more than five hundred dollars, and shall moreover be bound to his good behaviour in such sum and with such security as the court may approve, for the term of one year.

Penalty for Sec. 8. BE it further enacted. That all and keeping bil liard, A B C every keeper or keepers, exhibitor or exhibitors or EO tables of either of the gaming tables, commonly called A, B, C, or E, Ö, tables, billiard tables or farre bank, or any other gaming table or bank of the same or like kind, under any denomination.