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whatsoever, shall, on conviction thereof be fined in a sum not less then fifty dollars hor more than two hundred dollars for every such offence, and shall moreover find security for his or their good behaviour, for the term of one year, in the sum of five hundred dollars; and if he or they shail afterwards, within that time, keep or exhibit either of the said gaming tables or banks, or other gaming tables or banks, under any denomination whatsoever, or shall play at any game or games prohibited by this act, such keeping, exhibiting or playing shall be deemed a breach of good behaviour and a forfeiture of the recognizance given for the same.

Sec. 9. Be it further enacted, That if any Penalty on person or persons shall suffer the game of bil pe: son: saf liards or any of the games commonly called A, fering gam B, C, E, Ó, or farro bank, or any other gaming tables to be k.p in ing table or bank of the like kind, under any their houses denomination whatsoever to be played in his or her house, or in any out-house, booth or arbor of which he or she at the time has the care or possession, every person or persons so offending shall, on conviction, forfeit and pay a sum bot less than fifty dollars, nor more than two hundred dollars.

Sec. 10 Be it further enacted. That if any Penalty on keeper or keepers of a tavern, ordinary, or other taver keep house of public resort, shall suffer any game or ers for suf fe ing gam games prohibited by this act to be played at or ing within such tavern, ordinary or other house of tables on their pre public resort, or in any out house appendant mises thereto, every such keeper or keepers shall, on conviction, forfeit and pay a sum not less than fifty dollars nor more than two hundred dollars; and if any licensed tavern keeper shall be convicted of suffering such gaming in his or her house, he or she, in addition to the penalty here.

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by imposed shall, moreover, forfeit his or her license for keeping such tavern, and shall not be re-licensed, as a tavern keeper, for one year from the date of such conviction.

Sec. 11. Be it further enacted, That all fines ner fines to and forfeitures imposed by this act, shall be rebe recovered coverable by indictment in any court of com

Proviso as to appeals

mon pleas within this state, or before a justice of the peace where the fine cannot exceed the sum of seventy dollars; but any person considering himself or herself aggrieved by the judgment of any such justice convicting such person of any of the offences mentioned in this act, may appeal to the next court of common pleas to be holden for the county wherein such conviction may happen: Provided, The person or persons so appealing shall, within ten days after such conviction, enter into recognizance before such justice in the sum of one hundred dollars, with one or more sufficient securities in a like Proceedings sum, conditioned that the defendant will make thereon his personal appearance before the court of common pleas, to which such appeal is taken, on the first day of the next succeeding term thereof, and not depart from said court without the leave thereof: and as soon as such recognizance shall have been entered into, such justice shall cause to come before him all the material witnesses on the part of the state, who shall se verally be recognised in the sum of fifty dollars each, conditioned that they appear before the court to which such appeal is taken, on the first day of the succeeding term thereof, and not depart from such court without the leave there. of; and on such appeal, such other and further proceedings shall be had by indictment and trial of such offender, as in other cases.

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Sec. 12. Be it further enacted, That no in

dictment for any of the offences mentioned in Indictment this act shall be quashed, or judgment thereon not to be arrested for any supposed defect or want of quashed for informality form: Provided, Sufficient be set out therein to enable the court to render judgment thereon, according to the very right and justice of the case:

Proviso

Sec. 13. Be it further enacted, That-this act Explanation shall be so construed, in all courts of justice, as to advance the remedies hereby provided, and to suppress the mischiefs hereby prohibited.

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Sec. 14. Be it further enacted, That the This act to presiding judge, in all the courts of common be given in pleas within this state, shall constantly give this the grand act in charge to the grand juries of their courts, jury at the time such grand juries shall be sworn.

Sec. 15. Be it further enacted, That all fines Disposition and forfeitures imposed by the authority of this of fines act, shall be collected and paid over, as other fines are, to the treasurer of the proper county, within twenty days after the collection thereof, to be applied to county purposes.

Sec. 16. Be it further enacted. That all acts Repealing and parts of acts coming within the purview of clause this act, shall be and the same are hereby repealed: Provided, That nothing in this act Proviso contained shall be so construed as to repeal any acts or parts of acts relating to offences committed or done before the commencement of this act.

Sec. 17. And be it further enacted. That this Commence act shall commence and be in force from and ment after the first day of June next.

JOHN POLLOCK,

Speaker of the house of representatives.

OTHNIEL LOOKER,

January 4, 1814.

Speaker of the senate.

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CHAPTER XII.

An act declaring offices vacant in certain cases, and to provide for fiiling the same.

Sec. 1. Be it enacted by the general assemsions of jud bly of the state of Ohio, That every commis. wded by sion that may be hereafter issued, by the goverthe secretary nor, to any judge of the supreme court, presiof state to the dent or associate judge of either of the courts clerk of the of common pleas, shall be transmitted by the secretary of state, to the clerk of the court of common pleas of the county where in such judge Dutyof clerk may reside; and it is hereby made the duty of eceiving such clerk to receive, and forthwith to transmit the same to the person entitled thereto : Whereupon, such person having received such comEach judge mission, shall take the oath or affirmation required by the constitution and laws of this state, and transmit a certificate thereof to the same clerk, signed by the officer administering such oath or affirmation, within twenty days after he shall have received such commission; and the county commissioners of the county to which such commission may be forwarded, shali make Clerk to be an allowance to the said clerk, for postage and paid postage other expenses necessarily incurred in complyout of the ing with the requisitions of this section, to be paid out of the county treasury, in case the person entitled to receive said commission should refuse to accept the same and pay said expense.

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wasd a certi ficate to the clerk in 20 days

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In what case Sec. 2. BE it further enacted, That in all an office con cases where such certificate may not be transsidered va mitted to the clerk, within the said twenty days, as is herein above provided, the person entitled to receive such commission shall be deemed to have refused to accept the office mentioned in

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such commission, and said office shall be con sidered vacant: Whereupon, said clerk shall. Governor to forthwith thereafter, certify the said matter to fill vacancies the governor, who shall proceed according to

law to fill the said vacancy.

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Sec. 3. BE it further enacted That in case any judge of the supreme court should remove moving out his residence out of this state, or any president of a district of the court of common pleas out of his circuit, his place to or any associate judge out of his county, he be vacant shall be considered as having resigned and vacated his office: Whereupon, such vacancy shall be filled according to law.

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Sec. 4. And be it further enacted. That every sheriff, coroner, justice of the peace, or coroner and other officer, of whom bond or security may be justices re by law required, previous to the performance of fusing to qua the duty required of him, who shall neglect or lify or give refuse to execute such bond or find such security agreeably to, and within the time prescribed cant by law, and in all respects to qualify himself for the performance of his official duties, such sheriff, coroner, justice of the peace or other officer shall be deemed to have refused to accept his office, and the same shall be considered vacant: Whereupon, such vacancy shall be filled as other vacancies are by law to be filled.

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

JOHN POLLOCK,

Speaker of the house of representatives.

THOMAS KIRKER,

ment

January 25, 1813.

Speaker of the senate.

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