[137] all such females and other persons when found therein. 5. No person shall keep or frequent for the purpose of gaming, any gambling house within $31333 the said city, or knowingly permit his or her house or any room or part thereof within the said city to be used as a gambling house. 6. The City Marshall or any of the police Search constables of the said city may enter into any gambling house within the said city and seize and destroy any rouge—et—noir and roulette tables and other devices for gambling found therein. 7. Any person or persons guilty of an infraction of any of the provisions of this By—law shall, on conviction in the City Police Court of the Stipendiary Magistrate on the oath or affirmation of any credible witness. forfeit and pay at the discretion of the said Magistrate a penalty not exceeding the sum of ninety dollars for each offence exclusive of costs; and in default of payment thereof it shall and may be lawful for the said Magistrate to commit the offender or offenders to the common jail of the said city for any period not exceeding ninety days, with or without hard labor, unless the said penalty and costs be sooner paid. Penal clause