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cach person clected as aforesaid, refusing or declining to serve; (Provided nevertheless, That no person shall be obliged to serve more than two years in six ;) and they shall continue to exercise the duties, powers and authorities which they are hereby vested with, for and during the term of two years, to commence from the time of their respective elections, except as to the first election to be made by virtue of this act. In the Senate House, the nineteenth day of February, in the year of our Lord one thou sand seven hundred and ninety-one, and in the fifteenth year of the Independence of the United States of America.

DAVID RAMSAY,

President of the Senate.

JACOB READ,

Speaker of the House of Representatives.

An ACT to suppress the pernicious practice, and prevent the evil consequences of excessive and deceitful gaming, swindling, and other prac

tices therein mentioned.

WH

HEREAS a number of idle persons of ill fame, who have no visible means of obtaining an honest and reputable livelihood, have of late infested this state, and have been too successful in carrying into effect their de ceitful gambling and swindling practices, drawing into their wily snares, many ignorant and unwary persons to their prejudice: in order therefore, to prevent, as far as possible, such dangerous and evil practices in future:

Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That from and immediately

ful gam

after the passing of this act, if any person or Penalties persons shall invcigle or entice, by any arts or de- on unlaw. vices, any other person or persons to play at ing, swincards or dice, or any other game, or bear a share dung, &c or part in the stakes, wagers or adventures, or bet on the sides or hands of such as do or shall play as aforesaid, or shall sell, barter or expose to sale, any kind of property, which has been before sold, bartered or exchanged, by the person so selling, bartering or exchanging, or by any person or persons to his or their benefit or advantage, so selling, bartering or exchanging, in any house or other place within the state, or be a party thereto, or over-reach, cheat or defraud by any other cunning, swindling arts and devices, that so the ignorant and unwary, who are deluded thereby, lose their money or other property, every such person exercising such infamous practices, shall, on conviction thereof in any court of this state, exercising criminal jurisdiction, by trial by jury, be deemed guilty of enticing, inveigling, defrauding and swindling, shall forfeit a sum at the discretion of the court and jury, besides refunding to the party aggriev ed, double the sum he was so defrauded of; and if the same be not immediately paid, with costs, every such person or persons shall be committed to the common gaol, or house of correction, of the district or county where such person or persons shall be convicted, there to continue for any time not exceeding six months, unless such fine or fines, with costs, be sooner paid and discharged.

warrants,

And be it further enacted by the authority Justices aforesaid, That complaint on oath being made shall issue to any one of the justices of peace within the and hold state, of any person or persons having defraud- offenders ed the party complaining, by inveigling, entic- to bail

ing, or by any swindling practices, within the meaning of this act, he shall issue his warrant, directed to any sheriff or lawful constable, who is thereupon to apprehend such person or persons, and bring him or them before any one of the justices of the peace of the state, with the cause of his detention, who shall thereupon hold the party so brought before him, to bail, with one or more sufficient sureties, to appear at the first court of the district or county, having jurisdiction to try such cause, that shall happen thereafter, and answer to any information to be then filed against him or them by the party so injured; but if the party refuse to give bail as aforesaid, the said justice of peace shall be, and he is hereby authorized and required to commit him or them to the common gaol of the district or county, in which the complaint is made, there to remain until the next sitting of the court of the district or county having jurisdiction to try such cause, then to be brought up for trial,

And whereas, The occupation of sea-faring men, and the residence of such inhabitants of the state as are at a great distance from the city of Charleston, rendering it inconvenient and expensive to such persons (having been defrauded within the said city,) to wait until the sitting of the court of sessions, for the purpose of prosecuting to conviction, offenders against this act; but would rather submit to the loss sustained, if not very great: Therefore, for the relief of such persons, it is necessary that such offenders within the city of Charleston, should be brought to a more speedy trial, therefore, for that purpose,

Be it further enacted by the authority aforeCourt of said, That the court of wardens of the city of wardens in Charleston, be, and the said court is hereby authorized and empowered to try all offenders

Charles

ton, em

against this act, upon the principles of law in cri- powered minal cases: Provided, That a jury is drawn to try of from among the citizens of Charleston for that jury.

purpose.

fenders by

rect the

And be it further enacted by the authority City counaforesaid, That the city council of Charleston cil to diis hereby authorized and empowered to regu- mode of late and direct the mode and manner of drawing drawing such juries; and that the jurors so drawn shall such jube liable to the same penalties for non-attendance as the jurors of the superior court of sessions are by law subject to.

ries.

to be void

And be it further enacted by the authority aforesaid, That all notes, bills, bonds, judg- Securities given for ments, mortgages, or other securities or con- monies veyances whatsoever, given, granted, or entered won at into, or executed by any person or persons what- gaming, soever, where the whole or any part of the con- and of none sideration of such conveyances or securities shall effect. be for any money or valuable thing whatsoever, won by cock-fighting, horse-racing, or by gaming or playing at cards, dice, tables, tennis, bowls, or other game or games whatsoever; or by betting on the sides or hands of such as do game, at any of the games aforesaid, or any other game or games; or for the reimbursing, or repaying any money knowingly lent or advanced at the time and place of such cock-fighting, horse-racing or play, to any person or persons so gaming or betting as aforesaid; or that shall during such cock-fighting, horse-racing or play, so play or bet, shall be utterly void, frustrate and of none effect to all intents and purposes whatsoever; and that where such mortgages, securities, or other conveyances, shall be of lands, tenements, or hereditaments, or shall be such as to encumber or effect the same, such mortgages, securities, or other conveyances,

shall enure and be to and for the sole use and be nefit 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 thercof, or the person or persons so encumbering 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 of 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 what

soever.

In the Senate House, the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, and in the fifteenth year of the Independence of the United States of America.

DAVID RAMSAY,

President of the Senate.

JACOB READ,

Speaker of the House of Representatives.

An ACT to ascertain the jurisdiction of the court of wardens of the city of Charleston, in the cases therein mentioned.

W

HEREAS the intendant and wardens

of the city of Charleston, have by their memorial to the legislature of this state, enumerated several cases wherein doubts have arisen respecting the extent of the jurisdiction of the court of wardens, and in their said memorial did pray that their jurisdiction might be so clearly

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