pences of the

aforefaid, fhall be applied towards defraying the expences at- applied totending the commiffion to be made forth for managing, direct- wards defraying the exing, and drawing, the lottery established by an act, made in this feffion of parliament, (intituled, An act for raising a certain lottery. Sum of money by way of annuities, and for establishing a lottery,) in fuch manner as the commiffioners of the treasury, or any three or more of them, or the high treafurer for the time being, fhall direct, authorife, and approve.

lefs than a

VI. And whereas the dividing of chances or tickets in a lot- No perfon to tery into very /mall fhares, has been found mischievous, be it further fell any fhare enacted by the authority aforefaid, That no perion or perfons, of a ticket fo licensed as aforefaid, fall fell any fhare or hares of any fixteenth, ticket or tickets in the faid lottery, or of the chance or chances of any ticket or tickets in the faid lottery, in any fmaller thare or proportion than one-fixteenth part or fhare only, or thall publish any propofals for felling any fhare or fhares of any ticket or tickets in the faid lottery, or of any chance of any ticket or tickets in the fame, in any fmaller fhare or proportion than one-fixteenth part or fhare, contrary to the true intent and meaning of this act; every person who fhall offend in any of on penalty of the faid matters, fhall forfeit and pay, for every fuch offence, 501. the fum of fifty pounds, to be recovered and diftributed in manner hereafter mentioned; and every fuch fale or contract, and every agreement relating thereto, fhall be, and is hereby declared null and void.

upon any

the lottery,

VII. And be it further enacted by the authority aforefaid, Penalty on That no perfon or perfons fhall, under the denomination of perfons profale of any goods, wares, or merchandifes, or with or without mifing to pay confideration, or under any pretence, or in any manner what- any money foever, promise or agree to pay any fum or fums of money, chance relatupon any chance or event whatfoever relating to the drawing of ing to the any ticket or tickets in the faid lottery, or shall publish any pro- drawing of posals for any fuch purposes as aforefaid, contrary to the true intent and meaning of this act; and every perfon and perfons this act. who shall offend in any of the faid matters, hall forfeit and pay, for every fuch offence, the fum of fifty pounds; to be recovered and distributed in the manner hereafter mentioned; and every fuch promife or contract, and every agreement relating thereto, fhall be, and is hereby declared null and void.

contrary to

VIII. Provided always, and is hereby further enacted by the No bufinefs to authority aforesaid, That no fuch office or place kept for be tranfacted any of the faid purposes, fo licensed as aforesaid, fhall be open office before at any lottery. for any of the faid purpofes, or for the tranfaction of any bufi- eight in the nefs relating to the faid lottery, before the hour of eight of the morning nor clock in the morning, nor after the hour of eight of the clock after eight in in the evening, (except on the evening of the Saturday preced- the evening. ing the drawing of the faid lottery;) and that the faid limitation Exception

or restriction in point of time shall be inferted in, and made a condition of, every such licence; and in cafe of any breach of the faid condition, fuch licence fhall be forfeited, and hall and

may

offenders against this act, &c. and,

offence, con

vict them in

may be revoked by any two or more of the faid managers and directors; and (over and befides all other penalties to which such person or perfons may be liable) such licence thall not be renewed, nor fhall any new licence be granted to, or for the benefit of, the fame fame perfon or perfons, directly or indirectly, for keeping any fuch office or place for any of the purposes aforefaid.

Two juftices IX. And whereas many perfons have offended against formay fummon mer acts made for establishing lotteries, in fuch manner that they could not be profecuted to conviction, by action of debt, bill, plaint, or information, in the regular courfe of law, withon proof of the in the period of drawing a lottery, and having made their profit thereof, have eafily avoided the penalties incurred for fuch offences by fuddenly removing themfelves; be it therefore enpenalties, &c. acted by the authority aforefaid, That, from and after the faid fifth day of April, one thoufand feven hundred and feventynine, it fhall and may be lawful to and for any two or more of his Majesty's juftices of the peace, for the county, city, town, or place, where any offences (hall be committed against this act, or the faid act made in this feffion of parliament, upon information or complaint made to them upon oath (which oath they are hereby authorised to adminifter) against any perfon or perfons offending against this act, or the faid act, to fummon the party offending, and, upon full and fufficient proof being produced, to convict the perfon or perfons fo offending against this or the said act, in the penal fum or fums to be forfeited and paid by fuch offender or offenders as aforefaid; and the perfon or perfons fo convicted fhall, immediately after fuch conviction, pay fuch penalty to fuch juftices of the peace as aforefaid; one moiety whereof shall be for the use and benefit of such perfon or perfons as fhall firft inform and profecute for the fame, and the other moiety to be applied to the fame ufes and purposes as the monies arifing by the duty on licences granted. by this act are directed to be applied: and, upon the neglect or refufal of fuch offender or offenders to pay fuch penalty or penalties in manner aforesaid, the said juftices, before whom fuch offender or offenders fhall be convicted, are hereby authorized and required to grant a warrant of diftrefs, to levy fuch penalty. or penalties of the goods and chattels of fuch offender or offenders; and in cafe no fufficient diftrefs fhall be found, then to commit fuch offender or offenders to the common gaol for fuch county, city, or place, there to remain for any time not exceeding three months, or until the money fo forfeited shall be fully paid and satisfied.

If penalties are not imme. diately paid, they may be levied by dif

trefs.

On failure of distress, of

fender to be committed.

Any perfon forging a li

cence, shall forfeit sool.

&c.

X. And be it further enacted by the authority aforefaid, That if any perfon or perfons whatsoever shall forge or counterfeit any licence or licences, to be made forth by virtue of this act for the purposes aforefaid, fuch perfon or perfons fhall forfeit the fum of five hundred pounds; one moiety thereof to his Majefty, his heirs and fucceffors, and the other moiety to him that shall profecute or fue for the fame; to be recovered by

action

1

action of debt, bill, plaint, or information, in any of his Majefty's courts of record at Westminster, in which no effoin, protection, wager of law, or more than one imparlance, shall be allowed; and shall be subject to fuch other penalties as may be inflicted on perfons for forgery.

eftablish an

of;

XI. And, the more effectually to prevent abuses in the fell- Commiffioning of lottery tickets in shares or chances, be it enacted by the 'ers of the authority aforesaid, That any three or more of the commiffion- treasury to ers of the treasury, or the high treasurer, for the time being, office in Lonshall and may, on or before the fifth day of April, one thousand don, and to ap feven hundred and feventy nine, inftitute and establish, and point a perfon are and is hereby authorised and required to institute and estab- to conduct the business therelish, an office, within the city of London, for the purposes herein-after mentioned; and that any three or more of the faid commiflioners, or the faid high treasurer for the time being, fhall appoint, and are and is hereby authorised and required to appoint fome one or more fit and proper person or perfons to officiate in, and to conduct the business of, the faid office, taking such security for the full and true performance of his or their duty therein, as to any three or more of the faid commiffioners, or to the faid high treasurer for the time being, fhall feem requifite and neceffary; and that each and every ticket in the with whom all faid lottery, before it thall be divided into or fold in thares tickets, beor chances, fhall be brought to the faid office, and fhall be fore they are there depofited and left with the faid officer or officers fo to be fhares, fhall appointed as aforefaid, who is or are hereby authorised to receive be depofited.

the fame.

divided into

XII. And be it further enacted by the authority aforefaid, All shares to That the faid officer or officers fo to be appointed as aforefaid, be stamped by the officer, or his or their deputy or deputies, fhall, and is and are hereby authorised and required to ftamp and mark each and every share or chance of each and every fuch ticket in the said lottery, fo depofited as aforefaid, with fome flourish or device engraved thereon; and that the faid officer or officers fo to be appointed who shall give as aforefaid, or his or their deputy or deputies, upon the receipt a receipt for of every fuch ticket, or any number of tickets, in the faid lot- eyery ticket tery, for the purpose aforefaid, thall give a receipt or receipts to him. depofited with the holder or proprietor, at whofe office fuch ticket or tickets is or fhall be shared or divided, in writing for the fame, in the form following; (that is to say,)

R

ECEIVED the

day of

one thousand seven hundred and feventy-nine, of a ticket in the prefent lottery, number which is divided into Shares or chances; pursuant to an act of parliament, made in the nineteenth year of the reign of King George the third, intituled, An act for licensing and regulating lotteryoffice keepers; which faid ticket now remains and is in my custody, in pursuance of the fuid att.

XIII. And be it further enacted by the authority aforefaid,

That

Form of receipt.

All tickets depofited in

the office, to remain there three days after drawing.

The numbers

of all tickets deposited in the office to

be entered in a book, with the names of

the owners, and the num

ber of shares

into which they are divided,

2 d. for each fhare to be paid to the

officer on depoliting tickers in the of

ace;

That each and every fuch ticket in the faid lottery as shall be fo depofited in the faid office, and fhall be divided into fhares or chances pursuant to this act, fhall remain and continue in the cuftody and poffeffion of the faid officer or officers, fo to be appointed as aforefaid, until the expiration of three days next after the drawing of fuch ticket in the faid lottery; and that on the expiration of three days next after the drawing of fuch ticket in the faid lottery, fuch ticket shall be returned to the owner or owners thereof, his, her, or their agent or agents, affignee or affigns, upon producing the faid officer's faid receipt for the fame.

XIV. And be it further enacted by the authority aforefaid, That a book or books fhall be kept by the faid officer or officers fo to be appointed as aforefaid, who fhall truly and fairly enter and register in fuch book or books, the number of each and every fuch ticket in the faid lottery, which fhall be fo as aforefaid depofited in the faid office for the purpose aforefaid, together with the name and names of all and every such person or perfons who fhall fo leave and depofit the fame, for the purpose aforesaid, and alfo the number of fhares or chances into which each and every fuch ticket in the faid lottery fhall be fo divided as aforefaid; which book or books any perfon or perfons whomfoever shall and may, from time to time, and at all feasonable times, refort to and infpect, on payment of the fum of twopence, of lawful money of Great Britain, to the faid officer or officers fo to be appointed, as aforesaid.

XV. And be it further enacted by the authority aforefaid, That, upon the leaving and depofiting of any ticket in the faid lottery at or in the faid office, with the faid officer or officers fo to be appointed as aforefaid, for the purpose aforefaid, the perfon or perfons who fhall fo leave and depofit the fame fhall pay to the faid officer or officers fo to be appointed as aforefaid, for each and every fhare or chance, into which each and every such ticket in the faid lottery fhall be divided by the said officer or officers fo to be appointed as aforefaid, the fum of two-pence of lawful money of Great Britain; and that with therewith pay the monies arifing from fuch fee to be paid as aforesaid, the all expences faid officer or officers fo to be appointed as aforefaid, fhall bear incident to the and pay all fuch incident charges and expences as fhall or

who fhall

office.

Penalty on felling any hare

of a ticket without a

Ramp.

may attend the receipt, entry, and taking care of all such tickets in the faid lottery, as fhall be brought to and depofited in the faid office as aforefaid, for the purpose aforefaid, and all other expences attendant on the faid office.

XVI. And be it further enacted by the authority aforefaid, That if any perfon or perfons whomfoever fhall, at any time or times hereafter, fell or expofe to fale any fhare or chance of any ticket in the faid lottery, without fuch thare or chance shall have been first stamped and marked by the said officer or officers, pursuant to this act; that then, and in fuch cafe, all and every fuch perfon and perfons fo offending, upon being convicted thereof before any one justice of the peace for any county,

riding,

riding, or divifion, or before the mayor, or other justice or juftices, of the peace, for any city or town corporate, upon the oath or oaths of one or more credible witness or witneffes, (which faid oaths the said juftices of the peace and mayor are hereby authorized, impowered, and required to adminifter,) or upon the view of fuch juftice, or justices, or the mayor, juftice or juftices, for any city or town corporate, or on the confeffion of the party or parties accused, fhall forfeit and pay the fum of fifty pounds for each and every fhare or chance fo fold or expofed to fale, as aforefaid; to be levied by diftrefs and fale of the offender's goods, by warrant under the hand and feal, or hands and feals, of one or more justice or justices of the peace of such county, riding, divifion, city, or town, where the offence fhall

be committed; which faid forfeitures, when recovered, after de Application ducting the reasonable charges of fuch profecution, fhall go and thereof. be applied, one-third thereof to the informer, and the remaining two-thirds to the ufe of the poor of the parish where fuch offence fhall be committed.

XVI. And be it further enacted by the authority aforefaid, Penalty on That if any perfon or perfons fhall prefume to forge or coun- forging or alterfeit, or to caufe or procure to be forged or counterfeited, or tering refhall willingly act or affift in the forging or counterfeiting of Ceipts, or uttering the any receipt or receipts for, or any thare or fhares, chance or fame with a chances of any ticket or tickets, figned, divided, made, and de- fraudulent in livered out, by virtue of this act or alter any number, figure, tention. word, or ftamp, therein or thereon, or utter, vend, barter, or difpofe of, any fuch forged, counterfeited, or altered receipt or receipts for any fhare or fhares, chance or chances, of any ticket or tickets; or shall bring any fuch forged or counterfeit receipt or receipts, or any fhare or fhares, chance or chances, the ftamp whereof, or any figure or word therein, thall have been altered, (knowing the fame to be fuch,) to any person or perfons whomfoever with a fraudulent intention, or thall willingly aid, abet, affift, hire, or command, any perfon or perfons to commit any fuch offence as aforefaid, then, and in every fuch case, all and every fuch perfon or perfons fo offending, and being thereof convicted in due form of law, fhall forfeit and incur the fame penalty, to be recovered in the fame manner, and suffer the fame punishment, as is herein-before inflicted and declared in refpect to the forging or counterfeiting of a licence, in this act before mentioned.

XVII. And be it further enacted by the authority afore- General issue. faid, That if any perfon or perfons fhall be fued, molested, or profecuted, for any thing done by virtue or in pursuance of this act, fuch perfon or perfons fhall and may plead the general iffue, and give this act, and the special matter, in evidence, in his, her, or their defence or defences; and if after- Treble cofts. wards a verdict fhall pafs for the defendant or defendants, or the plaintiff or plaintiffs fhall difcontinue his, her, or their action or profecution, or be nonfuited, or judgement fhall be given against him, her, or them, upon demurrer, or otherwife; then fuch deVOL. XXXII. fendant

Q