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, 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, to be divided among the accepting school districts in such county, in proportion to the number of taxable inhabitants in each district.
SECT. 3. If an affidavit shall be filed with the magistrate before whom complaint shall be made of an offence against any provision 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 specified articles of personal property, or any gaming-table, device, or apparatus, the discovery of which might lead 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 property and table, device, or apparatus; and if found, to bring the same before such magistrate, and the officer so seizing shall deliver the same to the magistrate before whom he takes the same, who shall retain possession, and be responsible therefor 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 property shall be liable to pay any judgment which may be rendered against such person; and after the payment of such judgment and costs, the surplus, if any, shall be paid to the use of the common schools aforesaid, 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.