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On conviction of any person for opening, keeping or using or permitting the use of a common gaming house, or gaming therein or being present for the purpose of gaming, the convicting magistrate,- (i) may order all the instruments of gaming found therein or on or about the person found therein, to be forthwith destroyed or forfeited; and (ii) may order- (a) all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and the proceeds thereof with all moneys seized to be forfeited ; or (b) any part of such proceeds, and other moneys to be paid to any person appearing to be entitled thereto. 15[9. (1) Whoever is found gaming or reasonably suspected to be gaming in any public street or thoroughfare or in any place to which the public have, or are permitted to have access, shall be punishable with imprisonment for a