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Commissioners may authorise superintendents of police to enter gaming houses.
Owners or keepers thereof liable to penalty.
Act not to prevent proceeding by indictment.
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9. If any superintendent belonging to the said Dublin police shall report in writing to the commissioners of police that there are good grounds for believing any house or room within the said police district to be kept or used as a common gaming house, and if two or more householders dwelling within the said district, and not belonging to the said police, shall make oath in writing, to be by them taken and subscribed before a divisional justice and annexed to the said report, which oath every divisional justice is hereby empowered to administer and receive, that the premises complained of by the superintendent are commonly reported and are believed by the deponents to be kept or used as a common gaming house, it shall be lawful for the said commissioners, by order in writing, to authorize the superintendent to enter any such house or room with such constables as shall be directed by the said commissioners to accompany him, and if necessary to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and to seize and destroy all tables and instruments of gaming found in such house or premises, and also to seize all monies and securities for money found therein; and the owner or keeper of the said gaming house, or other person having the care and management thereof, and also every banker, croupier, and other persons who shall act in any manner in conducting the said gaming house, shall be liable to a penalty not more than one hundred pounds, or, in the discretion of the divisional justice before whom he shall be convicted of the offence, may be committed to the house of correction, with or without hard labour, for a time not more than six calendar months; and upon conviction of any such offender all the monies and securities for monies which shall have been seized as aforesaid shall be paid to the receiver of the police district, to be by him applied towards defraying the charge of the Dublin police; and every person found in such premises without lawful excuse shall be liable to a penalty not more than five pounds: Provided always, that nothing herein contained shall prevent any proceeding by indictment against the owner or keeper or other person having the care or management of any gaming house, but no person shall be proceeded against by indictment and also under this Act for the same offence.
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