[Law of Ohio for the suppression of Gambling, drafted by J. H. Green.]
Section 1. Be it enacted by the General Assembly of the State of Ohio, That if any person shall keep a room, building, or arbour, booth, shed, or tenement, to be used or occupied for gambling, or shall, knowingly, permit the same to be used or occupied for gambling; or if any person, being the owner of such room, building, arbour, booth, shed, or tenement, shall rent the same to be used or occupied for gambling, the persons so offending shall, on conviction thereof, be fined in any sum not less than fifty dollars, nor more than five hundred dollars; and if any owner of any room, building, arbour, booth, shed, or tenement, shall know that any gambling-tables, apparatus, or establishment, is kept or used in such room, building, arbour, booth, shed, or tenement, for gambling, and winning, betting, or gaining money, or other property, and shall not forthwith cause complaint to be made against the person so keeping or using the room, building, arbour, booth, shed, or tenement, he shall be taken, held, and considered to have knowingly permitted the same to be used and occupied for gambling.
Sect. 2. If any person shall keep or exhibit any gaming-table, establishment, device, or apparatus to win or gain money, or other property of value, or to aid or assist, or permit others to do the same; or if any person shall engage in gambling for a livelihood, or shall be without any fixed residence, and in the habit or practice of gambling, he shall be deemed and taken to be a common gambler, and upon conviction thereof, shall be imprisoned and kept at hard labour in the penitentiary not less than one, nor more than five years, and be fined five hundred dollars, to be paid into the treasury of the county where such conviction shall take place, for the use of common schools therein.
Sect. 3. If an affidavit shall be filed with the magistrate before whom complaint shall be made of an offence against any provisions of this act, stating that the affiant has reason to believe, and does believe, that the person charged in such complaint has upon his person, or at any other place named in such affidavit, any money, or any specified articles of personal property, or any gaming-table, device, apparatus, the discovery of which might tend to establish the truth of such charge, the said magistrate shall, by his warrant, command the officer, who is authorized to arrest the person so charged, to make diligent search for such money or property, and table, device, or apparatus; and if found, to bring the same before such magistrate—and the officer seizing the same, shall retain possession thereof, subject to the order of the magistrate before whom he takes the same, until the discharge, or commitment, or letting to bail of the person charged; and in case of such commitment, or letting to bail of the person so charged, such officer shall retain such property, subject to the order of the court before which such offender may be required to appear, until his discharge or conviction. And in case of the conviction of such person, the gaming-table, device, or apparatus shall be destroyed, and the money and other property shall be liable to pay any judgment which may be rendered against such person; and in case of the discharge of such person by the magistrate, or court, the officer having such property in his custody, shall, on demand, deliver it to such person.
Sect. 4. If any person called to testify on behalf of the state before any justice of the peace, grand-jury, or court, upon any complaint, information, or indictment, for any offence made punishable by this act, shall disclose any fact tending to criminate himself in any matter made punishable by this act, he shall thereafter be discharged of and from all liability to prosecution or punishment for such matter of offence.
Sect. 5. It shall be lawful for any justice of the peace, chief magistrate of the municipal incorporation, or judge of any court of common pleas, upon complaint on oath, that any gaming-table, establishment, apparatus, or device is kept for the purpose of being used to win or gain money or other property, by the owner thereof, or any other person, to issue his warrant, commanding any sheriff, constable, or marshal of any municipal corporation to whom the same may be directed, within the proper jurisdiction, after demanding entrance, to break open and enter any house or other place where such gaming establishment, apparatus, or device shall be kept, and to seize and safely keep the same, to be dealt with as hereafter provided.
Sect. 6. Upon the return of said warrant executed, the authority issuing the same shall proceed to examine and inquire touching the said complaint, and if satisfied the same is true, he shall order the officer so seizing such gaming establishment, apparatus, or device, forthwith to destroy the same; which order the said officer shall proceed to execute in the presence of said authority, unless the person charged as keeper of said gaming establishment, apparatus, or device, shall, without delay, enter into a recognisance in the sum of two hundred dollars, with sufficient sureties, to be approved by said authority, for the appeal of said complaint to the Court of Common Pleas, next to be held in the proper county, conditioned that the defendant will appear at the next term of the court to which he appeals, and abide the order of such court, and for the payment of the full amount of the fine and all costs, in case he shall be found guilty of the offences charged, and judgment be rendered against him in said court.
Sect. 7. The officer taking such recognisance shall return the same to the clerk of the court to which said appeal is taken forthwith, and such clerk shall file the same in his office, and complaint shall be prosecuted in such court, by indictment, as in other criminal cases; and upon conviction, the appellant shall be fined not more than fifty dollars, and shall pay the costs of prosecution; and such gaming establishment, apparatus, or device shall be destroyed.
Sect. 8. It shall be the duty of all sheriffs, constables, marshals of incorporated cities, towns, and boroughs, and of all prosecuting attorneys, to inform and prosecute all offences against this act.
Sect. 9. This act shall be given in charge to the Grand Jury, by the President Judge of the Court of Common Pleas in the respective counties.