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whatsoever, shall, on conviction thereof be ained in a sum not less than Griy dollurs ior more than two hundred dollars for every such offence, and shall mortover find security for bis or their good behaviour, for the term of one year, in the sum of Sve hundred dollars; and if he or they shail afterwards within that time, keep«r exhibit either of the said gaming tables or banks, or other gaming tables or banks, under any denomination whitsoever, or shall play at any game or gaines prohibited by this act, such keeping, exhibiting or playing shall be dermed a breach of good behaviour and a for. feiture of the recogniz oce given for the same.

Sec. 9. Be it further enacted, That if IV Penalty on person or persons shall suffir the game of bil pe: son suf liards or any of the games commonly called A, fering gara B, C, E, 0, or farro bank, or any other g in- ing able to

be kupe 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 puy a sum iiot 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 suffir any game or is for suf games prohibited by this act to be played at or fe ing gam

ing tables within such tavern, ordinary or other house of

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 thc penalty here.

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. In what man

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

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, inay appeal to the next court of common pleas

to be holden for the county wherein such con. Proviso as viction may happen: Provided, The person or to appeals

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 recogni. zance 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. yerally 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 indictnient and trial of such offender, as in other cases.

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, ac- Proviso cording to the very right and justice of the case.

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.

Sec. 14. Be it further enacted, That the This act to presiding judge, in all the courts of common be given in

charge to 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 os fizes 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 clauso 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 commit. ted 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 representutives.

OTHNIEL LOOKER,

Speaker of the senule. January 4, 1814.

CHAPTER XII.

the same

An act declaring offices vacant in certain cases, and

to provide for fiiling the same. Commis

Sec. 1. Be it enacted by the general assem. ges to be for bly of the state of Ohio, That every commis. Wsted by

sion that may be hereafter issued, by the goverthe secretary nor, to any judge of the supreme court; presi. of staie to the dent or associate judge of either of the courts clerk of the of common pleas, shall be transmitted by the proper co.

secretary of state, to the clerk of the court of

common pleas of the county wherein such judge Dutyof clerk may reside ; and it is hereby made the duty of els leceiving such clerk to receive, and forthwith to transmit

the same to the parson entitled thereto : Where. E ch judge

upon, such persun having received such comto take an

mission, shall take the oath or affirmation re. d los quired by the constitution and laws of th's state, wa da certi and transmit a certificate thereot to the same cierk in 20 clerk, signed by the oficer administering such days 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, shall make Clerk to be an allowance to the said clerk, for postage and paid postage other expenses necessarily incurred in comply. out of the ing with the requisitions of this section, to be 69. treasury paid out of the county teasury, in case the

person entitled to receive said commission should refuse to accept the same and pay said

expense. In what case

Sec. 2. Be it further enacted, That in all an office con cases where such certificate may not be trans. sidered ya

mitted to the clerk, within the said.twenty days, gant

as is herein above provided, the person entitled to receive such commission shall be deemed to have refused to accept the office mentioned in

ficate to ihe

such commission, and said office shall be considered vacant: Whereupon, said clerk shall. Governor to forthwith thereafter, certify the said matter to find vacancies the governor, who shall proceed according to law to fill the said vacancy. Sec. 3. Be it further enacted. That in case

Judge re 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. Sec. 4. And be it further enacted, That

Sheriff and 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 peglect or lify or give refuse to execute such bond or find such secu- fice to be va rity 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: Whe: cupon, 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.

ment

JOHN POLLOCK,

Speaker of the house of representatives.

THOMAS KIRKER,

Speaker of the senate,

January 25, 1813.

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