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penalties and forfeitures in and by the said in part recited Gaming,&c. act, inflicted upon any person or persons who shall play, set at stake, or adventure at any of the said games in the said in part recited act mentioned; and all and every such offenders respectively shall be prosecuted and convicted, and the several penalties and forfeitures shall be sued for and recovered, and disposed of, in like manner and to such uses as the several penalties and forfeitures in either of such cases are, by the said in part recited act, directed to be sued for and recovered, and disposed of.
X. And be it further enacted, by the authority aforesaid, that in any action, bill, plaint, or information to be brought or commenced by virtue of this act, no essoin, protection, wager of law, or more than one imparlance shall be allowed; and that, over and above the penalties and forfeitures to be recovered by virtue of this act, the plaintiff Double or informer shall recover his or her double costs.
18 Geo. 2, c. 34.
I. Whereas, notwithstanding the many good and wholesome laws now in being, for preventing excessive and deceitful gaming, many persons of ill fame and reputation, who have no visible means of subsistence, do keep houses, rooms, and other places, for playing, and do permit persons therein to play at cards, dice, and other devices, for large sums of money, by means whereof divers young and unwary persons, and others, are drawn in to lose the greatest part, and sometimes all, their substance; and it frequently happens they are thereby reduced to the utmost necessities, and betake themselves to the most wicked courses, which end in their utter ruin; and whereas a certain pernicious game, called roulet, or rolypoly, is daily practised, and the laws now in being have, by experience, been found ineffectual to put a stop to such pernicious practices: for remedy whereof, may it please your majesty, that it may be enacted, and be it enacted, &c. that from and after the 24th day of June, 1745, no per- No person son or persons, of what condition soever, shall keep any shall keep a house, room, or place for playing, or permit or suffer any playing ro place for person or persons whatsoever, within any such house, ly-poly, or room, or place, to play at the said game of roulet, other- other game wise roly-poly, or at any other game, with cards or dice, with cards already prohibited by the laws of this realm; and, in case any person or persons whatsoever shall keep any such house, room, or place for playing, or permit or suffer any person or persons as aforesaid, to play at the said game of roulet, otherwise roly-poly, or at any other game, with cards or dice, already prohibited by law, such person or persons, so offending, shall incur the pains and pe- under penalnakties, and be liable to such prosecution as is directed in ties of 12 G.
2, c. 28.
Gaming,&c. and by an act made in the twelfth year of the reign of his present majesty, intituled, "An Act for the more effectual Preventing excessive and deceitful Guming.”
of 12 G.2,
All games or lotteries called little goes, declar.
ed public nuisances.
II. And be it further enacted, by the authority aforesaid, that if any person or persons whatsoever shall, after the said 24th day of June, 1745, play at the said game of roulet, otherwise roly-poly, or at any game or games with cards or dice, already prohibited by law, every such per son or persons so offending, shall also incur the pains and penalties and be liable to such prosecution, as is directed in and by an act made in the twelfth year of the reign of his present majesty, intituled," An Act for the more effectual Preventing excessive and deceitful Gaming.”
IV. [On information for any offence against this act, or 12 Geo. 2, c. 28, or 13 Geo. 2, c. 19, persons may be summoned to give evidence; who, on neglect or refusal to appear, or giving false evidence, shall forfeit 501. or be committed for six months.]
V. [No person incapable of being a witness (except the parties) for having played, betted, &c.]
42 Geo. 3, c. 119.
I. Whereas evil-disposed persons do frequently resort to public-houses and other places, to set up certain mischievous games or lotteries called little goes, and to induce servants, children, and unwary persons, to play at the said games, and thereby most fraudulently obtain great sums of money from servants, children, and unwary persons, to the great impoverishment and utter ruin of many families; for remedy whereof, be it enacted, &c. that all such games or lotteries called little goes shall, from and after the passing of this act, be deemed, and are hereby declared, common and public nuisances, and against law.
II. And be it further enacted, that from and after the keeping any first day of July, 1802, no person or persons whatsoever place for any shall publicly or privately keep any office or place to exgame or lot- ercise, keep open, shew, or expose to be played, drawn, tery not au- or thrown at or in, either by dice, lots, cards, balls, or thorized by by numbers or figures, or by any other way, contrivance, shall forfeit or device whatsoever, any game or lottery called a little 5001. and go, or any other lottery whatsoever, not authorized by be deemed parliament, or shall knowingly suffer to be exercised, kept open, shewn, or exposed to be played, drawn, or thrown at or in, either by dice, lots, cards, balls, or by numbers or figures, or by any other way, contrivance, or device whatsoever, any such game or lottery, in his or her house, room, or place, upon pain of forfeiting, for every such offence, the sum of five hundred pounds, to be recovered in the court of exchequer, at the suit of his majesty's attorney general, and to be to the use of his majesty,
rogues and vagabonds.
his heirs, and successors; and every person so offending Lotteries, shall be deemed a rogue and a vagabond, within the true &c. intent and meaning of an act passed in the seventeenth year of the reign of his late majesty King George the Second, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction," and shall be punishable as such rogue and vagabond accordingly. (But see the note.)
IV. And be it further enacted, that upon complaint or When jusinformation, made upon oath, before any justice or justices tice may of the peace, of any offence committed against this act, in any house or place within the jurisdiction of any such break open justice or justices, whereby any of the offenders may be doors. liable to punishment as rogues and vagabonds, it shall and may be lawful to and for the said justice or justices, before whom such oath shall be taken, if he or they shall judge it reasonable, by special warrant, under his or their respective hands and seals, to authorize and empower any person or persons, by day or by night (but if in the nighttime, then in the presence of a constable, or other lawful officer of the peace, who are hereby required to be aiding or assisting therein), to break open the doors, or any part of such house or place, where such offence shall have been committed, and to enter into such house or place, and to seize and apprehend all such offenders and all other persons, who shall be discovered in such house or place, and who shall have knowingly aided or assisted, or been any ways concerned with any such offender or offenders, in committing such offence, and to convey them before any justice or justices of the peace of the county, riding, division, city, liberty, or place, wherein such persons shall be so apprehended, to be dealt with according to law, as aforesaid; and all such persons who shall be discovered in such house or place, knowingly aiding, assisting, or in any way concerned with such offender or offenders, in the carrying on any transactions respecting the said little goes or lotteries, or either of them, shall be deemed rogues and vagabonds, [and punishable in like manner as is directed by the said recited act of the seventeenth year of the reign of his late majesty King George the Second]; and it shall and may be lawful for the officer or officers having the execution of such warrant, and all other persons acting in his or their aid or assistance, to stop, arrest, and detain all and every the person and persons so discovered in such house or place, and to convey the said person and persons before such justice or justices of the peace as aforesaid; and if any person or persons shall forcibly obstruct, oppose, molest, or hinder any such officer or officers, or others acting in his or their aid or assistance, in the due execution of their duty, or in the due entering into such house or place, or in the seizing,
Lotteries, detaining, or conveying before such justice or justices, &c. any such offenders, or other persons, as aforesaid, every
such person so obstructing, opposing, molesting, or hindering as aforesaid, shall be deemed an offender against law and the public peace; and the court before whom any such offender shall be tried and convicted, shall and may order such offender to be fined, imprisoned, and publicly whipped, as in their discretion shall be thought fit; and all persons, although not discovered in such house or place aforesaid, who shall employ or cause to be employed any person or persons in carrying on any of the transactions aforesaid, or in aiding or assisting any such person or persons, shall be deemed rogues and vagabonds [and shall be punishable in like manner, as is directed by an act passed in the 27th year of the reign of his present majesty.]
Note.-The latter part of the second section of this statute enacts, that every offender shall be deemed a rogue and a vagabond, within 17 Geo. 2, c. 5, and be punishable accordingly. And the third section enacts, that every offender, against whom no information shall have been made, as
aforesaid, shall be deemed a rogue and vagabond, within 17 Geo. 2, c. 5, and also 27 Geo. 1, c. 1, and be punishable according to the said acts and this act. The stat. 17 Geo. 2, c. 5, is repealed by stat. 5 Geo.4, c. 83, and stat. 27 Geo. 3, c. 1, by stat. 46 Geo. 3, c. 148, s. 64.
(25 Geo. 2, c. 36 (made perpetual by 28 Geo. 2, c. 18).
II. Whereas the multitude of places of entertainment for the lower sort of people is another great cause of thefts and robberies, as they are thereby tempted to spend their small substance in riotous pleasures, and in consequence are put on unlawful methods of supplying their wants and renewing their pleasures in order, therefore, to prevent the said temptation to thefts and robberies, and to correct, as far as may be, the habit of idleness, which is become too general over the whole kingdom, and is productive of much mischief and inconvenience; be it enacted, by the authority aforesaid, that from and after the first Unlicensed day of December, 1752, any house, room, garden, or other places of en- place kept for public dancing, music, or other public enterdeemed dis- tainment of the like kind, in the cities of London and
Westminster, or within twenty miles thereof, without a license had for that purpose, from the last preceding Michaelmas quarter sessions of the peace, to be holden for the county, city, riding, liberty, or division in which such house, room, garden, or other place is situate, (who are hereby authorized and empowered to grant such licenses as they in their discretion shall think proper,) signified under the hands and seals of four or more of the justices there assembled, shall be deemed a disorderly house or
place and every such license shall be signed and sealed Disorderly by the said justices in open court, and afterwards be publicly read by the clerk of the peace, together with the names of the justices subscribing the same; and no such license shall be granted at any adjourned sessions; nor shall any fee or reward be taken for any such license; and Constables it shall and may be lawful to and for any constable, or may seize other person, being thereunto authorized, by warrant under found therethe hand and seal of one or more of his majesty's justices in. of the peace of the county, city, riding, division, or liberty where such house or place shall be situate, to enter such house or place, and to seize every person who shall be found therein, in order that they may be dealt with according to law; and every person keeping such house, room, Person garden, or other place, without such license as afore keeping the said, shall forfeit the sum of one hundred pounds to such same, to forperson as will sue for the same; and be otherwise punishable as the law directs in cases of disorderly houses.
III. Provided always, and it is hereby further enacted, Licensed by the authority aforesaid, that in order to give public no- places to tice what places are licensed pursuant to this act, there have an inscription shall be affixed and kept up in some notorious place over over them, the door or entrance of every such house, room, garden, or other place, kept for any of the said purposes, and so licensed as aforesaid, an inscription in large capital letters, in the words following: videlicet, LICENSED PURSUANT TO
ACT OF PARLIAMENT OF THE TWENTY-FIFTH OF KING GEORGE
in the even
of either of
THE SECOND; and that no such house, room, garden, or and not to other place, kept for any of the said purposes, although be opened licensed as aforesaid, shall be open for any of the said pur- before five poses before the hour of five in the afternoon; and that the ing. affixing and keeping up of such inscription, as aforesaid, and the said limitation or restriction in point of time, shall be inserted in, and made conditions of, every such license; and, in case of any breach of either of the said conditions, the condisuch license shall be forfeited, and shall be revoked by ditions, the the justices of peace in their next general or quarter ses- license to be sions, and shall not be renewed; nor shall any new license revoked. be granted to the same person or persons, or any other person on his or their or any of their behalf, or for their use or benefit, directly or indirectly, for keeping any such house, room, garden, or other place, for any of the purposes aforesaid.
or the lord
IV. Provided always, that nothing in this act contained Places lishall extend, or be construed to extend, to the theatres censed by royal in Drury Lane and Covent Garden, or the theatre the crown, commonly called the King's Theatre, in the Haymarket, chamberor any of them; nor to such performances and public en- lain, extertainments as are or shall be lawfully exercised and cepted. carried on under or by virtue of letters patents, or license of the crown, or the license of the lord chamberlain of his