Houses. 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 mas. 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. fenders to made 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 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 maintenance of 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 be prosehave the oue moiety thereof, and the other moiety thereof ented under to 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 shall have houses. 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. Proclama statute. 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, lie nui. clared puband licences for such lotteries, or any other lotteries, are sances, and void and against law. all grants thereof From 29 such 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, Lotteries. births, &c., forfeit five hundred pounds. new insurances in offices already set up, dred pounds.] tual. Contracting for forfeit one hun 10 Anne, c. 26 (see 12 Geo. 2, c. 28, next page.) CIX. [Clause for suppressing unlawful lotteries, and other devices of the same kind.] 8 Geo. 1, c.2 (see 12 Geo. 2, c. 28.] XXXVI. [Clause for the more effectual suppressing unlawful lotteries, denominated sales, &c. Persons who after Dec. 21, 1721, shall erect any office or place under the denomination of sales of houses, lands, advowsons, presentations to livings, plate, jewels, ships' goods, or other things for the improvement of small sums of money, &c., and shall be thereof convicted, upon the oath or oaths of one or more credible witness or witnesses, by two or more justices of the peace, &c., shall forfeit five hundred pounds, one third to the crown, another to the informer, and the other to the poor, where such offence shall be committed.] 2 Geo. 2, c. 28. Act 33 Hen. IX. Whereas a good and profitable statute was made in 8, c.9, the three-and-thirtieth year of the reign of King Henry the against unlawful Eighth (among other things) for the debarring of unlawful games,made games; and whereas, by the said statute no power is given more effec- unto the justices of the peace to demand and take from persons found playing contrary to law any other security than their own recognizances, that they or any of them shall not from thenceforth use such unlawful games, unless such persons are so found playing contrary to law, upon the view of one or more justice or justices of the peace; for remedy thereof, be it further enacted, by the authority aforesaid, that where it shall be proved, upon the oath of two or more credible witnesses, before any justice or justices of the peace, as well as where such justice or justices shall find, upon his or their own view, that any person or persons have or hath used or exercised any unlawful game, contrary to the said statute, the said justice or justices shall have full power and authority to commit all and every such offender and offenders to prison without bail or mainprise, unless and until such offender and offenders shall enter into one or more recognizance or recognizances, with sureties or without, at the discretion of the said justice or justices of the peace, that he or they respectively shall not from thenceforth play at or use such unlawful game. 12 Geo. 2, c. 28. Lotteries," &c. I. [Recites 10 & 11 Will. 3, c. 17—9 Anne, c. 6, 8. 5610 Anne, c. 26, s. 109—8 Geo. 1, c. 2, s. 36—9 Geo. 1, c. 19.] And whereas it is found, by experience, that the said good and wholesome laws have not effectually answered the good ends, intents, and purposes in and by the said acts designed; but that, contrary to the true intent and meaning of the said recited acts, several deceitful games and subscriptions are daily carried on under the denomination of sales of houses, lands, plate, jewels, goods, and other things; and that several printers have printed, published, and caused to be printed and published, proposals or schemes for the sale of such houses, lands, plate, jewels, goods, and other things, to be determined by raffles by mathematical machines or engines and by other indirect ways and means, tending to evade the said good and wholesome laws before mentioned; and whereas several persons have, for many years past, carried on and set up certain fraudulent games and lotteries to be determined by the chance of cards and dice, under the denomination of the games of the ace of hearts, pharoah, basset, and hazard, and thereby defrauded several of his majesty's subjects, ignorant of the great disadvantage adventurers in the said games and lotteries so denominated the games of the ace of hearts, pharoah, basset, or hazard, are under, subject, and liable to; and whereas several doubts have arisen whether the said games of the ace of hearts, pharoah, basset, and hazard, are within the descriptions of the lotteries prohibited by the said recited acts of parliament; and whereas great difficulties have arisen upon the methods of conviction of the offenders against the said acts of parliament: for remedy whereof, and for explaining and making more effectual the said acts of parliament, may it please your most excellent majesty that it may be enacted, and be it enacted, &c., that if any person or persons shall, after the 24th day of June, 1739, erect, set up, continue, or keep 2007. penalany office or place under the denomination of a sale or ty on any sales of houses, land, advowsons, presentations to livings, against this plate, jewels, ships, goods, or other things by way of lot- act. tery, or by lots, tickets, numbers, or figures, cards, or dice; or shall make, print, advertise, or publish, or cause to be made, printed, advertised, or published, proposals or schemes for advancing small sums of money by several persons, amounting in the whole to large sums, to be divided among them by chances of the prizes in some public lottery or lotteries established or allowed by act of parliament, or shall deliver out, or cause or procure to be delivered out, tickets to the persons advancing such sums, to entitle them to a share of the money so advanced according to such proposals or schemes; or shall expose to sale any houses, lands, advowsons, presentations to livings, offence |
