5. Any free person who shall play at cards, dice, or any unlawful game, or bet on the sides or 2 hands of others who so play, at any ordinary, racefield, or public place, shall be punished by fine of 3 thirty dollars, and give security in such sum as the court may require to be of good behaviour for 4 twelve months; but no person shall be imprisoned in default of such security more than three 5 months.

6. Any free person who, by playing or betting at any game or wager, at any place other than an 2 ordinary, racefield, or public place, shall lose or win, in the space of twenty-four hours, a greater 3 sum, or any thing of greater value than fifty dollars, shall be punished in the manner prescribed in 4 the preceding section for free persons guilty of unlawful gaming at a public place.

7. Any keeper of an ordinary or house of entertainment who shall permit unlawful gaming at his 2 ordinary or house of entertainment, or at any outhouse, booth, arbour, or other place appurtenant 3 thereto, or held therewith, shall be punished by fine of one hundred dollars, and give security in 4 such sum as the court may require to be of good behaviour for twelve months; and his license, if 5 he have one, shall be adjudged forfeited; but no person shall be imprisoned in default of such se6 curity more than four months.

8. In any prosecution against a keeper of an ordinary or house of entertainment, for the offence 2 mentioned in the preceding section, if the gaming be proved, it shall be presumed that the same 3 was permitted, unless it appear that the party prosecuted did not know of and had no reason to 4 suspect such gaming, or knowing it, endeavoured to prevent it, and gave information thereof, with 5 the names of the offenders, to the next succeeding court of the county or corporation having ju6 risdiction of the offence.

9. Any keeper of an ordinary or house of entertainment who shall let or hire to another any out2 house, booth, arbour or other place, within the curtilage of his principal house, or appurtenant 3 thereto, or held therewith, with intent that such other shall permit unlawful gaming thereat, shall 4 suffer the same punishment and incur the same forfeiture as if such unlawful gaming was per5 mitted at his principal house. And in any prosecution for this offence, if the gaming be proved, 6 it shall be presumed that such outhouse, arbour or other place was let or hired with intent that the 7 gaming should be permitted thereat, unless it appear that the party prosecuted did not know of and

8 had no reason to suspect that such gaming was intended to be permitted, or that knowing of such 9 gaming, he endeavoured to prevent it, and gave information thereof, with the names of the offen10 ders, to the next succeeding court of the county or corporation having jurisdiction of the offence.

10. Any free person who shall keep or exhibit a billiard table or permit a billiard table to be kept 2 or exhibited in any house of which he hath the use or possession, shall be punished by fine of one 3 hundred dollars and give security in such sum as shall be required by the court to be of good be4 haviour for twelve months. And any such table may be seized and burnt by order of any court of 5 record or justice of the peace, having jurisdiction over the place where the same may be found : 6 Provided, That this act shall not extend to any billiard table kept at a watering place and exhibited 7 during the season for which visitors resort thereto, nor to any keeper or exhibitor thereof, nor to 8 any owner or occupier of a house in which such billiard table shall be permitted to be kept and 9 exhibited.

11. Any free person playing at any game or making any wager, or having a share in any stake or 2 wager, or betting on the hands or sides of others playing at any game or making any wager, who 3 shall by cheating or any fraudulent means win, obtain or acquire for himself or another any money 4 or valuable thing, shall be punished by confinement in the jail not more than twelve months, and 5 by fine not less than five times the value of the money or thing so won, obtained or acquired, and 6 moreover incur the same forfeiture and disability prescribed for free persons found guilty of per

7 jury.

12. Any free person who shall bet or wager any money or other thing, over the value of five 2 dollars, upon the result of an election or appointment to any office or place, to be made under 3 authority of the constitution and laws of this state or any other state, or of the United States, shall 4 be deemed guilty of unlawful gaming and be punished in the manner prescribed in the fifth sec5 tion of this act for free persons guilty of unlawful gaming at a public place.

13. Any free person who, without authority of law, shall set up or promote a lottery for money or 2 dispose of any property of value by way of lottery or raffle, or in any way be concerned in setting 3 up, managing or drawing such lottery or raffle, or who shall in any house, shop or building owned 4 or occupied by him or under his control, knowingly permit the setting up, managing or drawing

5 such lottery or raffle, or the sale of any lottery ticket or share of a ticket, or any other writing, 6 certificate, bill, token or other device, purporting or intended to entitle the holder, bearer, or any 7 other person to any prize or any share of, or interest in any prize to be drawn in such lottery, or 8 who shall knowingly permit money or other property to be raffled for in such house, shop or build9 ing, or to be won therein by throwing or using dice or by any other game of chance, shall be pun10 ished by fine not exceeding one hundred dollars.

14. Any free person, who either for himself or another shall lease or sell, or offer for sale, or have 2 in his possession with intent to sell or offer for sale, or to exchange or negotiate, or in any wise aid

3 or assist in the selling, negotiating or disposing of a ticket in such lottery or a share of a ticket, or

4

any such writing, certificate, bill, token or other device as is mentioned in the preceding section, 5 shall be punished by fine not exceeding one hundred dollars.

15. Any free person who shall make, sell, exchange or negotiate, or have in his possession, with 2 intent to sell, exchange or negotiate, or by printing, writing, or otherwise, assist in making or sel3 ling, or in attempting to sell, exchange or negotiate any false or fictitious lottery ticket, or any share 4 thereof, or any writing, certificate, bill, token or other device before mentioned, or any ticket or 5 share thereof, in any false or fictitious lottery, or who shall receive any money or other thing of 6 value for any such ticket or share of a ticket, or for any such writing, certificate, bill, token or other 7 device, purporting that the owner, bearer or holder thereof shall be entitled to receive any prize, 8 or any share of a prize, or any other thing of value that may be drawn in such lottery, knowing 9 the same to be false or fictitious, shall be punished by confinement in the jail not more than twelve 10 months, and by fine not exceeding five hundred dollars.

16. Upon the trial of an indictment or information for any of the offences mentioned in the pre2 ceding section, any ticket or share of a ticket, or any other writing or thing before mentioned which 3 the accused shall have sold or offered for sale, or for which he shall have received a valuable con4 sideration, shall be deemed to be false or fictitious, unless the same be proved to be true and genuine, 5 and to have been duly issued by authority of some legislature within the United States, and that 6 such lottery was existing and undrawn, and that such ticket or share thereof, or other writing or 7 thing before mentioned, was issued by lawful authority, and binding upon the persons who issued 9 the same.

17. All sums of money, and every other valuable thing drawn as a prize, or proposed to be drawn 2 as a prize in any lottery by any person being an inhabitant or resident within this state, and all 3 sums of money or other thing of value, received by any such person by reason of his being the 4 holder or owner of any ticket or share of a ticket, in any lottery or pretended lottery, contrary to 5 the provisions of this act, shall be forfeited to the use of the commonwealth; and may be reco6 vered by an information to be filed, or by an action on the case, to be brought by any prosecuting 7 attorney in the name, at the cost, and for the benefit of the commonwealth.

18. Every member of any association or company that shall trade or deal as a bank, or in any 2 manner carry on the business of banking without authority of law, and every officer and agent 3 thereof, in the matter of such business, shall be guilty of a misdemeanor, and be punished by con4 finement in the jail not more than six months, and by fine not less than one nor more than five 5 hundred dollars.

19. Any free person who shall pass or receive in payment any note or other security, issued or put in 2 circulation by any association or company, such as is mentioned in the preceding section, purport3 ing that money or other valuable thing is payable by or on behalf of such association or company, 4 shall be punished by fine not less than twenty nor more than one hundred dollars.

20. Any free person who shall trade or deal as a bank, or in any manner carry on the business of 2 banking, without authority of law, and every officer and agent of such person, in the matter of 3 such business, shall be guilty of a misdemeanor, and punished by confinement in the jail not more 4 than six months, and by fine not less than one nor more than five hundred dollars.

21. Any free person who shall pass or receive in payment any note or other security, issued or 2 put in circution by any person, such as is mentioned in the preceding section, purporting that mo3 ney or other valuable thing is payable by, or on behalf of such person, shall be punished by fine 4 not less than twenty nor more than one hundred dollars.

22. Any free person who shall bring into this state, any bank note of less denomination than five 2 dollars, issued by a banking association or company in another state, with intent to put the same 3 in circulation, or who shall pass or receive such note in payment, shall be punished by fine not less

4 than twenty nor more than one hundred dollars: Provided, That nothing herein contained shall

5 extend to any person, not a citizen or resident of this state, who may be travelling through or tem

6 porarily sojourning in the same.

23. The provisions of this act for suppressing gaming, lotteries, unchartered banks, and the cir2 culation of bank notes of less denomination than five dollars, shall be construed as remedial.

24. In every case of conviction for an offence under the preceding sections of this act, an attor2 ney's fee of twenty dollars shall be taxed in the bill of costs, and the attorney prosecuting in such 3 case, shall be entitled to the same for his services.

25. Any free person who by speaking or writing shall maintain that owners have not right of pro2 perty in their slaves, shall be punished by confinement in the jail not more than twelve months, and 3 by fine not exceeding five hundred dollars.

26. It shall be the duty of any judge, justice of the peace or mayor, before whom any person may 2 be brought for the offence mentioned in the preceding section, to cause such person to enter into 3 a recognizance, with sufficient security, to appear before the circuit superior court of law and 4 chancery having jurisdiction of the offence, at the next term thereof, to answer for the same; and 5 in default of such recognizance, to commit such offender to jail, there to remain until discharged 6 by order of the said court.

27. Any free person who shall buy or receive from, or sell to a slave any commodity whatso2 ever, without the consent in writing of the owner or manager of such slave, shall be punished by 3 fine not exceeding fifty dollars; and if such fine be not immediately paid, or secured to be paid in 4 a reasonable time, by confinement in the jail not exceeding six months.

28. Any person entitled to the possession of a slave who shall permit such slave to go at large, 2 trade as a free man, or hire himself out, shall be punished by fine not less than twenty nor more 3 than fifty dollars.

29. Any person entitled to the possession of a slave of unsound mind, or aged or infirm, who shall 2 not restrain such slave from going at large, and provide him with adequate support, shall be pu3 nished by fine not less than twenty nor more than fifty dollars.

30. Any free person who shall knowingly import or bring into this state any slave born or resident 2 without the limits of the United States, or any slave transported by the laws of this or any other