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Passed, Dec. 19th, 1816.
clared unlaw. ful.
same, such mortgages, securities, or other convey. ances, shall enure, and be to and for the sole use and benefit, of, and shall devolve upon such person or persons as shall have been, or may be entitled to such lands, tenements, or hereditaments, in case the said grantor or grantors thereof, or the person or persons so incumbering the same, had been dead; and as if such mortgages, securities, or other conveyances had been made to such person or persons, by the person or persons so encumbering the same, and that all grants and conveyances to be made for the preventing such lands, tenemients or hereditaments from coming to, or devolving upon such person or persons hereby intended to enjoy the same as aforesaid, shall be deemed fraudulent and void, and of none effect, to all intents and purposes whatsoever.
1. Be it enacted, That if any person or persons shall
at any time after the passing of this act, play at any Gaming de tavern, inn, store for the retailing of spirituous liquors,
or in any house used as a place of gaming, or in any barn, kitchen, stable or other out house, or in any street, highway, or in any open wood, highway, racefield or open place, at any game or games, with cards or dice, or at any gaming table commonly called A. B. C. or E. O. or any gaming table known or distinguished by any other letters, or by any figures, or roley poley table, or at rouge and noir, or at any faro bank, or at any other table or bank of the same or the like kind, under any denomination whatsoever (except the games of billiards, bowls, backgammon, chess, draughts or whist, when there is no betting on the said games of billiards, bowls, chess, backgammon, or whist) or shall bet on the sides or hands of such as do game, any Justice of the Peace or of the Quorum, may, upon view, or information upon oath before him, bind over to appear at the next Court of Sessions for the district in which such play shall be carried on, all and singular the said person or persons, who shall so play or bet, and shall require him or them to give good and sufficient security for his or their appearance thereat; and on his or their failure to give such security, shall commit him or them to
the common gaol of the said district; and shall also bind over the keeper or keekers of taverns, inns, stores, for the retailing of spirituous liquors, public places, or houses used as a place for gaming, or other public house, to appear at the ensuing Court of Sessions ;and every person or persons so playing or betting on the side or hands of such as do game, upon being convicted thereof upon indictment, shall be imprisoned for a period not exceeding twelve months, and shall forfeit a sum not exceeding five hundred dollars, one half to the use of the said State, and the other half to the use of the informer, upon conviction of such offender; and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming; or such other public house, shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months, and forfeit a sum not exceeding two thousand dollars, for each and every such offence, one half thereof to the use of the said state, and the other half to the use of the informer.
2. That any person or perons who shall set up, keep, Penalty for or use any gaming table commonly called A. B. C. keeping a or E. O. or any gaming table known or distinguished gaming table, by any other letters, or by any figures, or roley poley table, or table to play at rouge and noir, or any faro bank, or any other gaming table or bank of the like kind, or of any other kind for the
gaming, (except the games of billiards, bowls, chess, draughts, backgammon,) upon being convicted thereof upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars.
3. That from and immediately after the passing of Civil Officers this act, each Sheriff, Deputy Sheriff, Coroner and to enforce this their deputies, and every Justice of the Peace and of the Quorum, and all Constables, shall before they be qualified to act in their and each of their respective offices, in addition to their respective oaths of office, take an oath io, enforce, and to the extent of their power and ability, carry into effect this act, and in all cases to bring to justice violations of the same,
whenever any such violation shall come within their view and knowledge. steis sollen
mod Offender may 4. That upon conviction of every person or peruntil payment sons under and by virtue of this act, the court before of penalty is whom such conviction shall take place, is hereby
required to commit such offender to the common gaol of the district where such conviction shall happen, for a period not exceeding twelve months, unless such offender shall sooner pay the fine or fines hereby imposed, together with the costs of prosecu
tion. Licence to be 5. That it shall not be lawful for the Commissioners those convict- of the roads, or any corporation or other persons bav.
ing power to grant licences for the retailing of spirituous liquors, to grant a licence to any person or persons whomsoever, who shall or may have been convicted of any of the offences created by this act; and every such licence is hereby declared to be null and void, and shall not be received in evidence upon an indict
ment for retailing spirituous liquors without licence. Money staked
6. That all and every sum or sums of money staked, to be forfeited.
betted, or pending on the event of any such game or games, are hereby declared to be forfeited ; one half thereof to the State, and the other half to the inform
er or person seizing the same. Suspected 7. That any State Magistrate, the Intendant, or forcibly enter any of the Wardens of the City, or the City Marshal
of Charleston, on information by oath, of any.credible witness, of such offences existing, be authorized to grant his warrant under hand and seal, to break open and enter any closed door or rooms, wherever
the said offences are alledged to prevail. Informer ex 8. That all person or persons who might be subject
or liable to the fines and penalties imposed by this penalty. act, either for gaming or at keeping a gaming table
or tables, shall upon being permitted by the Attorney or any Solicitor, to become evidence in behalf of the State, be freed and exonerated from the same, and shall besides be entitled to one' half of the fines received from any individual upon his or their information.
houses may be
onerated and freed from