Section IV. Every person who shall be found in any such common gaming house playing OF gaming with ca~ds, dice,

IV. -Every person who shall be found in any such common gaming house playing OF gaming with ca~ds, dice, counters, money, or other instruments `of` gaming, or who shall be foundthere present during such playing or gaming, or for the purpose of gaming, or who shall be found gaming with cards, dice, counters, money, or other instruments of gaming in any street or public place or thoroughfare within the said town and island, whether playing for any money, wager, stake, or otherwise, be punishable, on conviction before the Court of Petty Sessions, by fine not exceeding ~ i i e Hundred Rupees ; or in the discretion of the said ACT No. IX. O F 1851. t `f` 1 1 t Petty upees, with lendar 2ertain of the nacted lace to port of t )om, or ilawful players among :t; and gaming gaming r other ng such e found )f gam- .id town iessions, n of the said said Conrt, may be itnprisoriecl with or without hard labor for ally period not exceeding three Calendar months. V. Any Magistrate of Police, upon information laid before him on oath that there is reason to suspect any house, room, or place within the said town and islalld to be used as a common gaming house, may, by his warrant, give authority to any Constable of Police in the town and island of Bombay to enter, with such assistance as may be found neces/' sary, by night or by day, and by force if necessary, any such house, room, or other place, and to take inta custody all persons whom he finds therein, whether or not then actually gaming ; and to seize all instruments of gaming, and all nioniesand securities for money found therein, and to search all parts of the house, room, or place \vhich he shall have so entered, when he has reason to believe that any instruments of gaming are concealed ; and to `.search` a, 'the persons of those whom he so VI. When any cards, dice, gaming table or cloth, or other instruments of gaming.are found in any hoase, room; or place of which-informatibn' has been given on oath to a Magistrate of Police, that i t is suspected ~f being used as a common gaming house, or about the person of any `af` those who are fdund therein, it shall be evidence, until the contrary is made to appear, that such house, room, or place is used as a common gaming hoase, and that the persons found thereii were there present for the purpose of gaming, although no play was actually seen by the Constable or any of his Assistants. VII. On conviction of any person for keeping or being present for the purpose of gaming in any common gaming house, all the instruments of gaming found therein shall be destroyed by order of the Court of ACT No. IX. OF 1851. of Petty Sessions, which shall also order all, or any of the securities for money, and other articles seized, not. heing instruments of gaming, to be sold and converted into money, and the proceeds thereof, with all monies seized therein, to be forfeited, or in its discretion may order any part thereof to be returned to the parties appearing to have been severally thereunto entitled. VIII. Any Officer of Police may arrest without warrant all persons whom he may see in the act of gaming in any street or public place or thoroughfare in the said town or island, and seize all cards, dioe, counters, and instruments of gaining which he finds in their possession, which, on conviction of any of the parties, shall be destrbyed by order of the Court. . IX. It shall not be necessary, in order to convict any person of keeping a common gaming house, or of being concerned in the management of any common gaming house or gaming table, to .prove that any ,' person found playing at any game was playing for any money, wager, or stake. X. Any ljerson who shall have been concerned in any unlawful gaming, and who shall be examined as a witness before the the said C o ~ ~ r t of Petty Sessions, on the trial of any person or pelsons for a breach of any of the provisions of this Act, and who upon such examination shall make true and faithful discovery to the best of his or her knowledge of all things as to which he or she shall be so examined, and who shall thereupon receive from the said Court a certificate in writing to that effect, shall be freed from all prosecutions under this Act for any thing done before that time in respect of such unlawfiil gaming. gaming, and who shall be examined as a witness before the the said C o ~ ~ r t . XI. Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill played at Hotels or Taverns licensed 1 i for :, to `1` all any I !verd per1bli.c dice, &on, order on of nage~t any ~ager, lawful Court ach of 1 shall: sdge df o shall o that thing d shall 'averns icensed ACT No. IX. OF 1851. licensed by the Collector of Land Revenue, and the Senior Magistrate of Police under Act XVIII. of 1840, or in any place of public resort licensed by the Court of Petty Sessions under Act XIV. of 1842. XII. Every person who shall by any fraud or unlawfiil device or ill practice in playing at or with cards, dice, or other game, or in bearing a part in the stakes, wagers or adventures, or in betting on the sides or hands, of them that do play, or in wagering on the event of any game, sport, pastime, or exercise, win from any other person for himself, or any other or others any sum of money or valuable thing, shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such persoil . . of the same, and. being convicted thereof shall be punished accordingly. . . . . fore the said Court of aside or adiudged V by Certiorari into . . , XIV. ~ 1 . 1 fines imposed under this Act shall be recovered under Act 11. of 1839. .. .