or preventing Persons harbor-crete any black or mulatto person, the property of any person ing, or secreting, whatever, or shall in any wise hinder or prevent the lawful owners from ta Owner or owners from retaking and possessing his or her king, punished black or mulatto servant or servants, shall, upon conviction thereof, by indictment or information, be fined in any sum not less than ten, nor more than fifty dollars, at the discretion of the court; one half thereof for the use of the informer, and the other half for the use of the State. cate recorded Sec. 5. That every black or mulatto person who shall come To have certiñ to reside in this State, with such certificate as is required in the first section of this act, shall, within two years, have the same recorded in the clerk's office, in the county in which he or she means to reside, for which he or she shall pay to the clerk twelve and a half cents; and the clerk shall give him or her a certificate of such record. sociate judge or justice Sec. 6. That in case any person or persons, his or their Owner of slaves agent or agents, claiming any black or mulatto person, that now may apply to as are, or hereafter may be, in this State, may apply, upon making satisfactory proof that such black or mulatto person or persons is the property of him or her who applies to any associate judge or justice of the peace within this State, the associate judge or justice is hereby empowered and required, by his precept, to direct the sheriff or constable to arrest such black or mulatto person or persons, and deliver the same, in the county or township where such officers shall reside, to the claimant or claimants, or his or their agent or agents; for which service, the sheriff or constable shall receive such compensation as they are entitled to receive in other cases, for similar services. etc. without pro ving property Sec. 7. That any person or persons who shall attempt to Persons not to remove, or shall remove from this State, or who shall aid and remove negroes, assist in removing, contrary to the provisions of this act, any black or mulatto person or persons, without first proving, as herein before directed, that he, she or they is, or are legally entitled so to do, shall, on conviction thereof before any court having cognizance of the same, forfeit and pay the sum of one thousand dollars; one half to the use of the informer, and the other half to the use of the State; to be recovered by action of debt, qui tam, or indictment; and shall moreover be liable to the action of the party injured. ELIAS LANGHAM, January 5, 1804. AN ACT to amend the last named act. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That no negro or mulatto person shall be permitted to to settle in this emigrate into, and settle within this State, unless such negro or Negroes &c. not muiatto person shall, within twenty days thereafter, enter into state without giv bond with two or more freehold sureties, in the penal sum of ing bonds five hundred dollars, before the clerk of the court of common pleas of the county in which such negro or mulatto may wish to reside, (to be approved of by the clerk,) conditioned for the good behavior of such negro or mulatto, and moreover to pay for the Condition support of such person, in case he, she or they should thereafter be found within any township in this State, unable to support themselves; and if any negro or mulatto person shall migrate into this State, and not comply with the provisions of this act, it Not complying. shall be the duty of the overseers of the poor of the township where such negro or mulatto person may be found, to remove immediately such black or mulatto person, in the same manner as is required in the case of paupers, to be removed and give a certifi Sec. 2. That it shall be the duty of the clerk before whom Clerk to file bond such bond may be given as aforesaid, to file the same in his office, ente and give a certificate thereof to such negro or mulatto person; and the said clerk shall be entitled to receive the sum of one dol- Fecs lar for the bond and certificate aforesaid, on the delivery of the certificate. Sec. 3. That if any person, being a resident of this State, Residents of this state shall not shall employ, harbor or conceal such any negro or mulatto per- employ, harbor to this act son aforesaid, contrary to the provisions of the first section of this or conceal ne act; any person so offending, shall forfeit and pay for every such groes, contrary offence, any sum not exceeding one hundred dollars, the one half to the informer, and the other half for the use of the poor of the township in which such person may reside; to be recovered by action of debt, before any court having competent jurisdiction; and moreover be liable for the maintenance and support of such negro or mulatto, provided he, she or they, shall become unable to support themselves. when either par ty is white Sec. 4. That no black or mulatto person or persons shall Not permitted to hereafter be permitted to be sworn or give evidence in any court give evidence of record, or elsewhere, in this State, in any cause depending, or white matter of controversy, where either party to the same is a white person; or in any prosecution which shall be instituted in behalf of this State against any white person. Sec. 5. That so much of the act, entitled "An act to regulate Part of an ack black and mulatto persons," as is contrary to this act, together repealed with the sixth section thereof, be, and the same is hereby re pealed. This act shall take effect and be in force from and after the Effect first day of April next. ABRAHAM SHEPHERD, THOMAS KIRKER, Fanuary 25, 1807. Speaker of the Senate. 442 black or mulatto AN ACT to prevent Kidnapping. Sec. 1. Be it enacted by the General Assembly of the State of Seizing free Ohio, That no person or persons, under any pretence whatever, with intent to shall, by violence, fraud or deception, seize upon any free black transport, prohi or mulatto person within this State, and keep such free black or mulatto person in any kind of restraint or confinement, with intent to transport such black or mulatto person out of the State. bited @stablished be Sec. 2. That no person or persons shall in any manner atProperty in bl'ck tempt to carry out of this State, or knowingly be aiding in caror mulatto to be rying out of this State, any black or mulatto person, without fore judge or jus first taking such black or mulatto person before some judge or tice, before car justice of the peace, in the county where such black or mulatto person was taken, and there, agreeably to the laws of the United States, establish by proof, his or their property in such black or mulatto person. ried out of the State Sec. 3. That any person or persons offending against the proOffender under Visions of this act, shall, on conviction thereof, by indictment the provisions of in the court of common pleas in any county in this State, be this act, how pun deemed guilty of a misdemeanor, and shall be confined in the fshed Act repealed penitentiary, at hard labor, for any space of time, not less than JAMES M. BELL, February 15, 1831. nets void AN ACT for the prevention of Gaming. Sec. 1. Be it enacted by the General Assembly of the State of All gaming on Ohio, That all promises, agreements, notes, bills, bonds, or other contracts, mortgages or other securities, when the whole, or any part of the consideration of such promise, agreement, conveyance or security, shall be for money or other valuable thing whatsoever, won or lost, laid, staked or betted, at or upon any game or games, of any kind, or under any denomination or name whatsoever, or upon any horse race or cock fight, sport or pastime, or on any wager, or for the repayment of money lent or advanced at the time of any game, play, bet or wager, for the purpose of being laid, betted, staked or wagered; shall be absolutely void, and of no effect. Sec. 2. That if any person or persons, by playing at any game or games, or by means of any bet or wager, shall lose to recovered within any other person or persons, any sum of money or other thing Money, &c. lost of value, and shall pay or deliver the same, or any part thereof, and paid, may be to the winner or winners; the person or persons so losing and six months paying, or delivering, may, at any time within six months next after said loss and payment or delivery, sue for, and recover, the money or thing of value so lost and paid or delivered, or any part thereof, from the winner or winners thereof, with costs of suit, by action of debt founded on this act; to be prosecuted in any court, or before any justice of the peace, having competent jurisdiction of the same. without specia! Sec. 3. That in the prosecution of said action, it shall be Declaration in sufficient in law, for the plaintiff to alledge that the defendant such acuon good is indebted to the plaintiff, or received to the plaintiff's use, count 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. any other person may Sec. 4, That if any person or persons, losing such money If the person los or thing of value as herein before described, shall not within ing does not sue, the time specified, wit out collusion or deceit, sue, and with effect prosecute, for the money or thing of value so lost and paid or delivered, it shall be lawful for any person, by such action or suit, to sue for and recover the same, with costs of suit, against any winner or winners as aforesaid, for the use of the person prosecuting the same. pelled to auswer Sec. 5. That every person who, by this act, shall or may Person liable to be liable to be sued for money or other thing of value, by him suit, may be com won as aforesaid, shall be compelled to answer upon oath, such bills of discovery petition or petitions in chancery filed or preferred against him, for discovering the money or things so won as aforesaid: Provided, however, That upon discovery and repayment of the mo- Proviso ney or other things, the person or persons discovering and repaying the same, with costs, shall be acquitted and discharged from any further or other forfeiture, punishment or penalty he or they may have incurred, for so winning such money or thing discovered and repaid. race fields, punished Sec. 6. That if any person shall at any time play in any Gaming at ordi ordinary, tavern or race field, or in any booth, arbor, out-house, naries, taverns, or other erection connected with such tavern, ordinary or race booths, arbors or field, or at any other public place, at any game whatsoever, out-houses, how except games of athletic exercise, or shall bet or wager on the hands or sides of such as do play as aforesaid; every such per- . son, upon conviction thereof, shall forfeit and pay any sum not exceeding one hundred dollars. ty, how punished Sec. 7. That if any person shall play at any game what- Gaming genera soever, for any sum of money or other property of any value, or shall make any bet or wager for any sum of money or other property of value; every such person shall, on conviction thereof, be fined in any sum not exceeding one hundred dollars, at the discretion of the court. ed to give securi. Sec. 8. That if any person or persons shall keep or exhibit, for Keepers of gam. gain, any gaming table or bank, or any gaming device or machine ing tables to be of any kind or description, under any denomination or came fined, and requir whatsoever, or if any person or persons shall keep or exhibit ty for their good any billiard table, for the purpose aforesaid; the person or persons so offending shall, each, on conviction thereof, be fined in a sum not less than fifty, nor more than two hundred dollars, at the discretion of the court, for every such offence; and shall, moreover, find security, for his or their good behavior for the period of one year, in the sum of five hundred dollars. behavior Sec. 9. That if any person or persons shall suffer any game Person suffering or games whatsoever to be played for gain, upon, or by means of upon any device any gaming device or machine, of any denomination or name, in his house, etc. in his, her, or their house, or in any out-house, booth, arbor, games for gain, to be fined etc suffering ga or erection, of which, he, she, or they have the care or possession; the person or persons so offending shall, each, on conviction thereof, forfeit and pay a sum not less than fifty, nor more than two hundred dollars. Sec. 10. That if any keeper or keepers of any tavern, orKeeper of tavern dinary, or other house of public resort, shall suffer any game ming in such tav or games whatsoever, except games of athletic exercise, to be ern shall be fin played at, or within such tavern, ordinary or house of public ed, his license resort, or in any out-house, building, or erection appendant shall be forfeited, thereto; every such keeper or keepers, shall, on conviction ed, and if licens. etc. thereof, forfeit and pay a sum not less than fifty, nor more than two hundred dollars: and if any licensed keeper of a tavern, shall be convicted of suffering any game or games, except those of athletic exercise, in his or her house, out-house, booth, arbor or other erection; he or she, in addition to the penalty hereby imposed, shall moreover forfeit his or her license for keeping such tavern, and shall not be relicensed as a tavern keeper, for one year from the date of such conviction. Sec. 11. That all fines and forfeitures imposed by this act, Prosecutions to shall be recoverable, with costs, by indictment in any court of common pleas. be by indictm'nt this act, may be Sec. 12. That if any person who hath been guilty of any of Person guilty of the offences by this act made punishable, shall be called upon, offence under before a grand jury, or in any court of justice, to testify in becompelled to tes half of the State, touching the facts of the offence by such wittify touching the ness done and committed as aforesaid; the witness so called fence, but shall upon shall be compelled to give all the facts, in evidence, in renot be indicted lation to such offence: and such witness shall not be indictable or punishable for any of the offences so by him disclosed, and made punishable by this act. facts of the of for offence by him disclosed Sec. 13. That the presiding judges of the courts of comThis act to be gi mon pleas shall give this act in charge to the grand juries of their respective courts. ven in charge to grand jury Sec. 14. That all fines and forfeitures imposed by the proForfeitures to be visions of this act, shall be collected and paid over to the treapaid into county surer of the proper county within twenty days after the collectreasury tion thereof, to be applied to county purposes. |
