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Passed, Dec. 19th, 1816.

clared unlawful.

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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, tenements 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 purposes of 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.

act.

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 to 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,

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Offender may be committed

whenever any such violation shall come within their view and knowledge.

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

made.

Licence to be withheld from

ed.

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.

5. That it shall not be lawful for the Commissioners those convict of the roads, or any corporation or other persons having 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 indictment for retailing spirituous liquors without licence.

Money staked to be forfeited.

Suspected

houses may be

ed.

6. That all and every sum or sums of money staked, 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.

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.

onerated and freed from penalty.

Informer ex- 8. That all person or persons who might be subject or liable to the fines and penalties imposed by this 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.

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box to be made

City Council from which box jurors shall be drawn, summoned to cause a jury and empannelled for the trial of causes, in like mana jury list pro- ner, and under the same penalties, as are established vided, and ju- by law and usage, in the Courts of Sessions and Comdrawn, as in mon sessions and any eas: Provided, That no venire facias shall at

rors to be

the courts of

Proviso.

sessions and any time issue, for more than twenty four jurors, to common pleas serve at one court, any twelve of whom attending, shall form a jury; and in case of non-attendance of the jurors so drawn and summoned, their places may be supplied by talesmen, drawn in the usual mode; but no person shall be liable to serve twice, until all the names in the said jury box shall be drawn out. All persons, possessing the qualifications prescribed for jurors by the laws of the State, and usually residing in the city, or who have resided therein for six months before their being drawn, and there be ing at the time of being drawn and summoned, shall be liable to serve as jurors in the said Court; saving and reserving to all persons, all lawful excuses and exemptions, as in the other Courts.

the court not

hundred dol

lars, exclusive

charges.

Proviso.

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Jurisdiction of 4. That the jurisdiction of the said Court shall to exceed one and may extend to the maintaining of all actions, suits, and prosecutions, for the recovery of any debt, of costs and or sum of money arising on contract, express or implied, and for offences against the by-laws of the Corporation of Charleston: Provided, That no verdict or judgment in the said Court shall exceed one hundred dollars, in any one action, exclusive of costs and charges: And also provided, That no suit or action shall be brought and maintained in the said court, unless the contract or cause of action hath been made, or arose within the limits of the said City of Charleston; and that between persons resident in the said city, or between persons resident and foreigners, or between foreigners at the time of said contract, or cause of action, or citizens of the United States.But nothing, herein contained shall be construed to bar any person from suing any person resident in the said City, in the said Court, for any sum not exceeding one hundred dollars, exclusive of costs as aforesaid.

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5. That no citizen of this State, not having resided within the limits of the city, for three months imme

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