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this act, all books and papers relative thereta, 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 ceni. fund, which may be found remaining in his hand.

Sec. 5. Be it further enacted, That it shall Auditor and treasurer to

be the duty of the auditor and treasurer, to reFeport port their proceedings under this act to each

house of the general assembly, on or before the fifth day of their annual session.

Seç. 6. Be it further enacted, That it shall Auditor to be the duty of the auditor to report anr.ually to report to the the secretary of the treasury of the United States ses. of trea

an account of the application of the three per cent. fund.

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

Şec. 8. And be it further enacted, That the Repealing act, entitled · An act direeting the treasurer of

state to transmit to the secretary of the treasury of the United States, an account of the applica. tion of the three per cent. fund, passed the fif teenth 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 acts coming within the purview of this act, be, and the same are hereby repealed.

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

JOHN POLLOCK, Speaker of the house of representatives.

OTHNIEL LOOKER,

Speaker of the senate. February 11, 1814.

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CHAPTER XI.

An act for the prevention of Gaming.

Scc. 1. Be it enacted by the general assema ély of the state of Oho, That all promises, a.

Gaming srcements, 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 nioney 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

Sec. 2. Be it further enacted, That if any person or persons whatsoever, at any time, by

Persons lo playing at any game or games whatsoever, or

sing money by betting on the hands or sides of such as do sec. at any play at any game or games, shall lose to any game, and one or more persons so playing or betting, any paying the 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 re. cover 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

same, may recover the same

act; to be prosecuted in any court or before any justice of the peace in this state having ju. risdiction thereof: in which action it shall be sufficient for the plaintiff to allege that the de. fendant 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 mat

ter; and in case the party so losing such moIf not sued ney or other thing as aforesaid, shall not withini for in six the time aforesaid, bona fide, without covin or months, any other

collusion, sue and with effect prosecute for the

may sue for and money or other thing so lost and paid or deli

the vered, it shall and may be lawful to and for any

other person or persons by any such action or suit as aforesaid, to sue for and recover the saine 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 sucd be liable to be sued for monies or other things compelled to

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so won as aforesaid, shall be compelled to an. chancery swer upon oath, such bill or bills in chancery

preferred against him or them for discovering the money or things so won at play as afore

said : Provided, however, upon discovery and Proviss 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.

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Sec. 4. Be it further enacted, That if from Importers of and after the taking effect of this act, any per. cards kow 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.

Sec. 5. And to prevent gaming at ordinaries Preamblo 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 Penalty for

playing or play in any ordinary, tavern or race-field, or

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betting 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,

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tvithin 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 be. haviour, and a fortè iture of their cognizance

given for the same. Continued

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 cheating or

person or persons whatsoever do, or shall, at defrauding any time or times, by fraud, shift, cozenage, by playing circumvention, deceit, unlawful device, or evil of 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 what. soever, every person so winning by such ill practice, and being thereof convicted, upon in. dictment, shall be fined not less than fifty dot. lars, nor more than five hundred dollars, and shall moreover be bound to his good lechaviour 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, Å b c every keeper or keepers, exhibitor or exhibitors sr E O tables of either of the gaming tables, commonly called

A, B, C, or E, O, tables, billiard tables or farro bank, or any other gaming table or bank of the same or like kind, under any denomination

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