erderly perfon, but the punishment is under this latter ftatute the conviction was therefore quafhed. Cowper 35.

bited.

By 18 Geo. 2. c. 34, No perfon fhall keep any house Gaming houfes or place for playing, or permit any perfons within any fuch further prohihoufe or place to play at the game of roulet, otherwife rolypoly, or at any other prohibited game, with cards or dice, under the penalties of 12 Geo. 2. c. 28. f. 1.

That is to fay," fuch perfon upon being convicted thereof "before one juftice for any county, or before the mayor or "other juftice for any city or town corporate, upon the oath

of one witness, or upon the view of fuch juftice or mayor, "or on the confeffion of the party, fhall forfeit 200l. to be "levied by diftrefs and fale, and applied, after deducting the "charges of profecution, one third to the informer, and the "remaining two thirds to the ufe of the poor of the parish "where fuch offence fhall be committed, except the two

thirds which fhall be recovered upon any person within "the city of Bath; which fhall go to the ufe of the poor "within the hofpital lately erected for the benefit of poor "perfons reforting to the faid city for the benefit of the "mineral waters. 12 Geo. 2. c. 28. /. 1."

But any perfon aggrieved by the determination of any juftice or mayor, may appeal to the next general quarterfeffions, giving reasonable notice to the profecutor, and entering into a recognizance before fome juftice, with two fureties on condition to try fuch appeal at the next quarterfefhons; and fuch appeal fhall by the faid next general quarter feffion be finally determined, and not afterwards; and in cafe fuch judgment or conviction be affirmed, the party appealing fhall pay unto the profecutor treble cofts. 1: 5.

And no fuch conviction or judgment fhall be fet afide by the quarter feffions for want of form, in cafe the facts alleged in the conviction fhall be proved; nor fhall the fame be removed by certiorari, until judgment be given thereon by the quarter-feffions. /. 6.

Nor fhall any certiorari afterwards iffue, until the party against whom the conviction is made, before the allowance of fuch certiorari, find two fureties to become bound to the profecutor in 100l. with condition to profecute the fame within fix calendar months, and to pay unto the profecutor treble cofts in cafe the conviction is affirmed.

7.

And if any perfon convicted have not goods whereon to levy the penalties, or do not immediately pay or give fecu

5. Perfons, however, who play or bet at any unlawful games, may be proceeded against as rogues aud vagabends under the words of 17 Geo. 2. c. 5. 1. 2.

Further penal.

ties on perfons

playing at unlawful games.

Summoning witneffcs.

other diforderly houfes encouraged

rity for the fame, the juftice may commit him to the common gaol for not exceeding fix months. f. 8.

And if any perfon fhall play at the faid game of roulet, or roly-poly, or at any game with cards or dice, prohibited by law, he fhall forfeit 50l. to be fued for and recovered as aforefaid. 18 Geo. 2. c. 34. f. 2. 12 Geo. 2. c. 28. /. 3.

But this act is not to prevent any person from playing at any game within any of the royal palaces, wherein his majefty fhall then refide. 18 Geo. 2. c. 34. /. 6.

Perfons who have jurifdiction to hear informations upon the ftatutes against gaming, upon any information exhibited before them for any offence committed against this act (18 Geo. 2. c. 34.) may fummon any perfon other than the party accufed, to give evidence; and if fuch perfon neglect to appear, or refufe to give evidence, he fhail forfeit 50l. to be levied by diftrefs and fale of goods, by warrant of such perfons iffuing fuch fummons; and in cafe fuch perfon fhall not have fufficient goods whereon to levy the faid 501. he fhall be committed to the common gaol for fix months, without bail or mainprize. 18 Geo. 2. c. 34. /. 4.

The profecution And in order to encourage profecutions against perfons keepof bawdyhoufes, ing bawdy-houfes, gaming-houses, or other diforderly boules, gaming, and it is enacted by 25 Gco. 2. c. 36, That if two inhabitants of any parish paying fcot and lot, do give notice in writing to the conftable or like peace officer of any perfon keeping a bawdy-boufe, gaming-houfe, or any other diforderly house, in fuch parish or place, the conftable or officer fo receiving fuch notice, fhall forthwith go with fuch inhabitants to one juftice; and fhall, (upon fuch inhabitants making oath that they do believe the contents of fuch notice to be true, and entering into a recognizance in 201. each, to give or produce material evidence against such person for fuch offence), enter into a recognizance in 30l. to profecute with effect fuch perfon at the next general or quarter-feflion, or at the next affizes, as to the juftice fhall feem meet. . 5.

And upon fuch conftable or officer entering into fuch recognizance, the justice shall make out his warrant to bring the perfon accufed before him, and fhall bind him or her over to appear at fuch general or quarter-feffion or affizes, to answer to fuch bill of indictment as fhall be found against him or her; and he may, if he thinks fit, likewife demand and take fecurity for fuch perfon's good behaviour in the mean time. . 6.

And if fuch constable shall neglect or refufe, upon fuch notice, to go before a justice, or to enter into fuch recognizance, or fhall be wilfully negligent in carrying on the profecution, he fhall forfeit 20%. to each of fuch inhabitants. 1.7.

And

1

And fuch conftable or officer fhall be allowed all the reafonable expences of fuch profecution, to be afcertained by two juftices, and fhall be paid the fame by the overfeers; and in case the person fhall be convicted of the offence, the overseers fhall alfo forthwith pay 10l. to each of fuch inhabitants; and if fuch overfeers neglect or refuse to pay fuch expences, or the faid fums of 10. and 10%. they fhalt forfeit to the perfon intitled thereto, double the fum refufed or neglected to be paid. f. 5.

And any person who fhall appear, act, or behave as mafter or miftrefs, or as the perfon having the care, government, or management of any fuch houfe, fhall be deemed the keeper thereof, and liable to be prosecuted as fuch, notwithftanding he or she fhall not in fact be the real owner or keeper thereof. . 8.

And any perfon may give evidence againft, or on behalf of the defendant, notwithstanding his being a parishioner, or having entered into fuch recognizance as aforefaid. /. 9.

And no indictment fhall be removed by certiorari. /. 10.

By 16 Car. 2. c. 7, If any perfon fhall by any fraud, un- Cheating in lawful device, or other ill practice in playing at cards, gamingdice, tables, tennis, bowls, kittles, fhovel-board, or in cockfightings, horfe-races, dog-matches, or foot-races, or other paftimes or games, or by bearing a part in the stakes, or by betting on the fides of fuch as play, act, ride, or run-win any money, or other valuable thing; he fhall forfeit treble the value, the one moiety to the king, and the other moiety to the person who fhall lofe, fo as fuch lofer fue for the fame within fix calendar months; and in default of fuch profecution, the fame other moiety to such person as shall fue for the fame within one year after the fix months expired, in any of his majefty's courts at Westminster; and fuch plaintiffs fhall recover treble cofts. /. 2.

And by 9 Ann. c. 14, If any perfon fhall by any fraud, or fhift, coufenage, circumvention, deceit, or unlawful device, or ill practice whatsoever in playing at cards, dice, tables, tennis bowls, or any the games aforefaid, or by bearing a part in the stakes, or by betting, win any money or other valuable thing; every perfon fo winning, and being convicted upon indictment or information, fhall forfeit five times the value of the money or other thing won, and fhall be deemed infamous, and fuffer fuch corporal punishment as in cafes of wilful perjury; fuch penalty to be recovered by fuch perfon as fhall fue for the fame by action in any court of record. f. 5.

Such penalty to be recovered by fuch perfon as fhall fue for the fame.] The penalty under this act has been held not to be recoverable until the party is convicted, for in the cafe of The

Κ. γ.

Penalty on

lofing cl. or
more at one

K. v. Luckup, Tr. 9 Geo. 2. the defendant being convicted on an information, it was moved that a fine migh be fet upon him, if he refused to speak to the profecutor. Put by the court: All the judgment that we can give is, that he is convicted; and a new action must be brought upon that judg ment for the forfeiture: the defendant was therefore dif charged without any fine or cofts: 2 Strange 1048.

Any perfon who fhall at any time or fitting, by playing at cards, dice, tables, or any other game whatfoever, or by betting, lofe to one or more perfons in the whole the fum or time or fitting value of 10l. and fhall pay or deliver the fame, or any part thereof, the perfon fo lofing fhall be at liberty, within three months, to fue for the money or goods loft, or any part thereof, from the winner, with costs, by action of debt founded on this act, in any court of record, in which no privilege of parliament fhall be alleged; and in cafe the perfon who fhall lofe fhall not without collufion fue, it shall be lawful for any perfon to fue for the fame and treble the value thereof, with cofts; the one moiety to the ufe of the perfon that will fue, and the other to the poor of the parish. 9 Ann. c. 14. f. 2.

And every perfon, who by this act fhall be liable to be fued for the fame, fhall be obliged to answer upon oath fuch bill as fhall be preferred for difcovering the money or any thing won at play. S. 3.

Upon the difcovery and payment of the money or other thing fo difcovered, the perfon who fhall difcover the fame fhall be indemnified from any further penalty. f. 4.

And by 18 Geo. 2. c. 34, In cafe any bill be filed in any court of equity for any fum of money won contrary to the meaning of 9 Ann. c. 14. it fhall be lawful for fuch court to decree thereupon, and to inforce fuch decree in the fame manner as in other caufes. . 3.

At any Lime or fitting.] To lofe 10l. at one time is to lose it by a fingle ftake or bet; to lofe at one fitting, is to lose it in a courfe of play, where the company never parts, though the perfon may not be actually gaming the whole time; and in either cafe the winning is a nullity, and the money may be recovered back. Barnes v. Booth, Mic. 19 Geo. 34 2 Black. Rep. 1226.

Or other game whatfoever.] It is fettled that horse-races are within thefe general words. 2 Strange 1159. 2 Will 309.

6 As if the parties play from Monday evening to Tuesday evening, with out any interruption, except for an hour or two at dinner, as was the fact in this cafe in Electfione.

So

So alfo has a foot-race been held to be within the ftatute. 2 Wilf. 36. Cowp. 281.

And one man running against time is a foot race. Cowp.

281.

at one time or

Alfo by the above ftat. of 9 Ann. c. 14, If any perfon Penalty on winhall at any one time or fitting win of one or more perfons ning above 10. above the fum or value of 10l. he fhall, being convicted upon an indictment or information, forfeit five times the value' of the fum of money or other things fo won; to be reco vered in any court of record by fuch perfon as fhall fue for the fame. /. 5, 2.

winning or

And by 18 Geo. 2. c. 34, If any perfon fhall win or lofe at Penalty in geplay, or by betting, at one time, the fum or value of 10%. or neral on either within twenty-four hours the fum or value of 20%. he fhail lofing at one be liable to be indicted for fuch offence within fix months, time rol. or either before the juftices of King's Bench, affize, gaol deli-within twentyvery, or grand feffions; and being convicted, fhall be fined four hours aol. five times the value of the fum fo won or loft; which fine (after fuch charges as the court fhall allow to the profecutors and evidence) fhall go to the poor of the parish where fuch offence is committed. f. 8.

And if any person fo offending, difcover any other person fo offending, fo that he be convicted, the perfon fo difcovering fhall be discharged from all penalties, by reafon of such offence, if he hath not been before convicted, and shall be admitted an evidence. f. 9.

But nothing herein fhall repeal or invalidate 9 Ann. f. 10. By 16 Car. 2. c. 7, If any perfon fhall play at cards, dice, tables, tennis, bowls, fkittles, fhovel-board, or any other 10%. at a time Lofing above paftime or game whatsoever, other than with ready money, or fhall bet on the fides of fuch as do, or fhall play thereat and fhall lofe any money or other thing exceeding tool. at one time, or meeting, upon ticket or credit, and fhall not pay down the fame at the time, the party who lofeth above 100/. fhall not be compellable to pay the fame, but all judgments, recognizances, mortgages, bonds, and other acts given for the fame fhall be void, and the perfon winning fhall forfeit treble the value; the one moiety to the king, and the other moiety to fuch as fhall fue for the fame within one year after such offence committed, in any of his majesty's

7. And a court of equity will always relieve against apparent fraud, although the cafe may not be within the statute; this was done in Humphries ▾ Rigby, M. 1698, where the court ordered a bond given for a gaming debt, and which had been incurred by evident bad practices, to be delivered up; although the cafe was not within the ftatute, the bond being for lefs than 100 for equity always relieved before the flatute, where any fraud appeared. 2 Abr. Ca. caf. 184.

VOL. II.

Z z

courts