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borough, or town corporate, where the said offences shall Sabbath. breaking. be committed, upon his or their view or confession of the party, or proof of any one or more witnesses, by oath (which the said justices, chief officer or officers, is by this act authorized to administer) the said justice, or chief officer or officers, shall give warrant under his or their hand and seal to the constables or churchwardens of the parish or The penalty, parishes where such offence shall be committed, to seize how to be the said goods cried, shewed forth, or put to sale as aforesaid, and to sell the same, and to levy the said other forfeitures or penalties by way of distress and sale of the goods of every such offender distrained, rendering to the said offenders the overplus of the monies raised thereby; and in In case of default of such distress, or in case of insufficiency or inabi- insufficility of the said offender to pay the said forfeitures or pe- offender nalties, that then the party offending be set publicly in the shall be set stocks by the space of two hours; and all and singular the in the forfeitures or penalties aforesaid, shall be employed and stocks. converted to use of the poor of the parish where the said offences shall be committed, saving only that it shall and The forfeimay be lawful to and for any such justice, mayor, or head tures, how to be disposed officer or officers, out of the said forfeitures or penalties, to reward any person or persons that shall inform of any offence against this act, according to their discretions, so as such reward exceed not the third part of the forfeitures or penalties.
III. Provided, that nothing in this act contained shall A provision extend to the prohibiting of dressing of meat in families, or for private families, dressing or selling of meat in inns, cook-shops, or vic- victuallingtualling-houses, for such as otherwise cannot be provided, houses, &c. nor to the crying or selling of milk before nine of the clock in the morning, or after four of the clock in the afternoon.
IV. Provided, also, that no person or persons shall be The proseimpeached, prosecuted, or molested for any offence before cution to be mentioned in this act, unless he or they be prosecuted for days. the same within ten days after the offence committed.
V. [The hundred not responsible to persons travelling on the Lord's day, but shall make fresh suit after the offenders.]
2. GAMING-HOUSES, LOTTERIES, &c.
33 Hen. 8, c. 9.
nance of a
XI. Be it enacted by the authority aforesaid, that no The penalty manner of person or persons, of what degree, quality, or for maintecondition soever he or they be, from the feast of the nativity house for of St. Jonn Baptist now next coming, by himself, fac- unlawful tor, deputy, servant, or other person, shall, for his or their games. gain, lucre, or living, keep, have, hold, occupy, exercise, or maintain, any common house, alley, or place of bowling,
Resorting to a house
of unlawful games.
Duty of magistrates.
coyting, cloysh-cayls, half-bowl, tennis, dicing-table, or carding, or any other manner of game, prohibited by any estatute heretofore made, or any unlawful new game now invented or made, or any other new unlawful game hereafter to be invented, found, had, or made, upon pain to forfeit and pay for every day keeping, having, or maintaining, or suffering any such game to be had, kept, executed, played, or maintained within any such house, garden, alley, or other place, contrary to the form and effect of this estatute, forty shillings.
XII. And also every person using and haunting any of the said houses and plays, and there playing, to forfeit for every time so doing, six shillings and eight-pence.
XIV. Be it further enacted, by the authority aforesaid, that it shall be lawful to all and every the justices of the peace in every shire, mayors, sheriffs, bailiffs, and other head officers, within every city, town, and borough, within this realm, from time to time, as well within liberties as without, as need and case shall require, to come, enter, and resort into all and every houses, places, and alleys, where such games shall be suspected to be holden, exercised, used, or occupied, contrary to the form of this estatute; and as well the keepers of the same, as also the persons there haunting, resorting, and playing, to take, arrest, and imprison, and them so taken and arrested to keep in prison, unto such time as the keepers and maintainers of the said plays and games have found sureties to the king's use, to be bound by recognizance or otherwise, no longer to use, keep, or occupy, any such house, play, game, alley, or place; and also that the persons there so found be in provisions like case bound by themselves, or else with sureties, by relating the discretions of the justices, mayors, sheriffs, bailiffs, or other head officers, no more to play, haunt, or exercise, from thenceforth, in, at, or to any of the said places, or at any of the said games.
Searching of houses
where unlawful games be kept.
XV. Also, be it further enacted by the authority aforesaid, that the mayors, sheriffs, bailiffs, constables, and other head officers within every city, borough, and town, within this realm, where any such officers shall fortune to be, as well within the franchises as without, shall make due search weekly, or at the farthest at all times hereafter once every month, in all places, where any such houses, alleys, plays, or places shall be suspected to be had, kept, and maintained; and if the said mayors, sheriffs, bailiffs, constables, and other head officers within their cities, boroughs, and towns, as well within franchises as without, do not make due search at the farthest once every month, if the case so require, according to the tenor of this act, and do not execute the same, in all things according to the purport and force of the same, that then every such mayor, sheriff,
bailiff, constable, or other head officer, to pay and forfeit Gamingfor every month not making such search, nor executing the same, forty shillings.
XVI. Be it also enacted by the authority aforesaid, that Persons no manner of artificer or craftsman of any handicraft or prohibited to play at occupation, husbandman, apprentice, labourer, servant at unlawful husbandry, journeyman, or servant of artificer, mariners, games out fishermen, watermen, or any serving man, shall, from the of Christsaid feast of the nativity of St. John Baptist, play at the tables, tennis, dice, cards, bowls, clash, coyting, logating, or any other unlawful game, out of Christmas, under the pain of twenty shillings, to be forfeit for every time; and in Christmas to play at any of the said games in their masters' houses, or in their masters' presence; and also Playing at that no manner of persons shall at any time play at any certain ofbowls, bowl or bowls in open places out of his garden or orchard, ficers may upon the pain for every time so offending, to forfeit six commit of shillings and eight-pence; and that all justices of peace; prison. mayors, bailiffs, sheriffs, and all other head officers, and every of them, finding or knowing any manner of person or persons using or exercising any unlawful games, contrary to this present statute, shall have full power and authority to commit every such offender to ward, there to remain without bail or mainprise, until such time that they so offending be bounden by obligation to the king's use, in such sums of money as by the discretions of the said justices, mayors, bailiffs, or other head officers, shall be thought reasonable, that they or any of them shall not from henceforth use such unlawful games.
XVII. Be it further enacted by the authority aforesaid, All other that all other statutes made for the restraint of unlawful statutes, games, or for the maintenance of artillery, as touching the against unpenalties or forfeitures of the same, shall be from hence- lawful forth utterly void; and that all informations, plaints, ac- games, and tions, or suits that shall be taken or sued upon any part of tenance of this statute, shall be commenced within the year after the artilley, reoffence committed and done, or otherwise no advantage or pealed." suit thereof to be taken.
for the main
XVIII. And where any forfeitures shall happen to be Within found within the precinct of any franchise, leet, or lawday, what time then the lord of the same franchise, leet, or lawday, to any suit she'l have the one moiety thereof, and the other moiety thereof cuted under be proseto any of the king's subjects that will sue for the same in this statute, any of the king's courts, by action, information, bill, or and who otherwise, in which action or suit the defendant shall not the forfeibe admitted to wage his law, nor any protection nor essoin tures. shall be allowed; and where such forfeiture shall be found out of the precinct of any franchise, leet, or lawday, that the moiety of all such forfeitures shall be to the king our sovereign lord, and the other moiety thereof to any the
Gaming king's subjects that will sue for the same, by bill, plaint, action, information, or otherwise, in any of the king's courts, in which suit or action the defendant shall not be admitted to wage his law, nor any protection or essoin shall be allowed.
XIX. And to the intent that every person may have tion of this knowledge of this act, and avoid the danger and penalties of the same, be it enacted by the authority aforesaid, that all mayors, bailiffs, sheriffs, and all other head officers, shall, four times in the year, that is to say, every quarter once, make open proclamation of this present act in every market to be holden, with their several jurisdictions and authorities.
XX. And also that the justices of gaol delivery, assizes, and justices of peace, do cause the same to be proclaimed in their several circuits and sessions before them holden, and that this statute shall begin to take his effect concerning the penalties of the same, from the said feast of St. John Baptist now next coming, and to continue and endure for ever.
XXI. [Leases of houses where unlawful games be used to be void].
XXII. [The servant by licence may play with his master.]
[XXIII. In what cases servants may play at dice, cards, tables, bowls, or tennis.]
Note. The proceedings for penalties in this act are regulated by 31 Eliz. c. 5, concerning informers. It seems, that the keeping of a cockpit is not only an indictable of
fence at common law, but that a cockpit is considered as a gaming house, within the eleventh section of this statute: 1 Russ. 300. See post, p. 404, 2 Geo. 2, c. 28.
10 & 11 W. 3, c. 17.
I. Whereas several evil-disposed persons, for divers years last past, have set up many mischievous and unlawful games, called lotteries, not only in the cities of London and Westminster, and in the suburbs thereof, and places adjoining, but in most of the eminent towns and places in England, and in the dominion of Wales, and have thereby most unjustly and fraudulently got to themselves great sums of money from the children and servants of several gentlemen, traders, and merchants, and from other unwary persons, to the utter ruin and impoverishment of many families, and to the reproach of the English laws and government, by colour of several patents or grants under the great seal of England for the said lotteries, or some of them; which said grants or patents are against the common good, trade, welfare, and peace of his majesty's
kingdoms: for remedy whereof be it further enacted, ad- Lotteries. judged, and declared, and it is hereby enacted, adjudged, &c., that all such lotteries, and all other lotteries, are Lotteries decommon and public nuisances, and that all grants, patents, ie nui. clared puband licences for such lotteries, or any other lotteries, are sances, and void and against law.
all grants thereof
II. And be it further enacted by the authority aforesaid, void. that from and after the 29th day of December, which shall be in the year of our Lord God 1699, no person or persons Dec.1699, whatsoever shall publicly or privately exercise, keep open, no person shew, or expose to be played at, drawn at, or thrown at, to keep or shall draw, play, or throw at any such lottery, or any lottery. other lottery, either by dice, lots, cards, balls, or any other numbers or figures, or any other way whatsoever; and that every person or persons that shall, after the said 29th day of December, exercise, expose, open, or shew to be played, thrown, or drawn at, any such lottery, play, or device, or other lottery, shall forfeit for every such offence, the sum of five hundred pounds, to be recovered by information, bill, plaint, or action at law, in any of his majesty's court at Westminster, wherein no essoin, wager of law, nor any more than one imparlance, shall be allowed; one third part thereof to the use of his majesty, his heirs, and successors, one other third part thereof to the use of the poor of the parish where such offence shall be committed, and the other third part thereof, together with double costs, to the party that shall inform and sue for the same; and the said parties so offending shall likewise be prosecuted as common rogues, according to the statutes in that case made and provided.
III. And be it further enacted, that every person or per- Penalty on sons, that after the said 29th day of December shall play, persons throw, or draw at any such lottery, play, or device, or other such lotteplaying at lotteries, shall forfeit for every such offence the sum of ries. twenty pounds, to be recovered by information, bill, plaint, or action at law, in any of his majesty's courts at Westminster, wherein no essoin, wager of law, nor any more than one imparlance, shall be allowed, one third part thereof to the use of his majesty, his heirs, and successors, one other third part thereof to the use of the poor of the parish where such offence shall be committed, and the other third part thereof, together with double costs, to the party that shall inform and sue for the same.
9 Anne, c. 6 (see 12 Geo.2, c. 28, post, p. 405.)
LVI. [Act 10 Will. 3, c. 17, concerning lotteries, to be put in execution. Persons setting up such lotteries forfeit one hundred pounds.]
LVII. [Persons setting up insurances on marriages,