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And be it enacted, That "where any Cards, Dice, Balls, Counters, Tables, or other Instruments of Gaming used in playing any unlawful Game shall be found in any House, Room, or Place suspected to be used as a common Gaming House, and entered under a Warrant or Order issued under the Provisions of this Act, or about the Person of any of those who shall be found therein, it shall be Evidence, until the contrary be made to appear, that such House, Room, or Place is used as a common Gaming House, and that the Persons found in the Room or Place where such Tables or Instruments of Gaming shall have been found were playing therein, although no Play was actually going on in the Presence of the Superintendent or Constable entering the same, under a Warrant or Order issued under the Provisions of this Act, or in the Presence or those Persons by whom he shall be accompanied as aforesaid; and it shall be lawful for the Police Magistrate or Justices before whom any Person shall be taken by virtue of the Warrant or Order to direct all such Tables and Instruments of Gaming to be forthwith destroyed.
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