Section 8. On conviction for keeping or gaming in common gaming-house, instruments of gaming may be destroyed.

On conviction of any person for opening, keeping or using a common gaming-house, 1* * or gaming therein, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein or on the persons of those who were found therein, to be forthwith destroyed 2[or forfeited], and may also order 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 therein, to be forfeited; or, in his discretion, may order any part of such proceeds and other moneys to be paid to any person appearing to be entitled thereto.