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aforesaid, shall be applied towards defraying the expences at- applied totending the commission to be made forth for managing, direct- wai;cls defraying, and drawing, the lottery established by an act, made in p"ncesVf*the this session of parliament, (intituled, An acs for raising a certain lottery. sum os money by way of annuities, and for establishing a lottery,) in such manner as the commissioners of the treasury, or any three or more of them, or the high treasurer fur che time being, (hall direct, authorise, and approve.
VI. And whereas the dividing of chances or tickets in a lot- No person to tery into very small stares, has ban found mischievous^ be it further sell any share enacted by the authority aforesaid, That no perlon or persons, j0/^^^6 so licensed as aforesaid, shall sell any share or (hares of any ^eenth* ticket or tickets in the said lottery, or of the chance or chances
of any ticket or tickets in the said lottery, in any smaller (hare or proportion than one-sixteenth part or (hare only, or shall publish any proposals for selling any share or shares of any ticket or tickets in the said lottery, or of any chance of any ticket or tickets in the fame, in any smaller share or proportion than one-sixteenth part or share, contrary to the true intent and meaning of this act; every person who shall ossend in any of on penalty of the said matters, shall forfeit and pay, for every such offence, 5ol« the sum of fifty pounds, to be recovered and distributed in manner hereafter mentioned; and every such sale or contract, and every agreement relating thereto, shall be, and is hereby declared null and void.
VII. And be it further enacted by the authority aforesaid, Penalty on That no person or persons shall, under the denomination of persons prosale of any goods, wares, or merchandises, or with or without mising to pay consideration, or under any pretence, or in any manner what- any money soever, promise or agree to pay any sum or sums of money, cha"ce're!atupon any chance or event whatsoever relating to the drawing of ing to the any ticket or tickets in the said lottery, or shall publish any pro- drawing of posals for any such purposes as aforesaid, contrary to the true the lottei'y» intent and meaning of this act; and every person and persons this1 act!t<? who shall offend in any of the. said matters, shall forfeit
and pay, for every such offence, the sum of fifty pounds; to be recovered and distributed in the manner hereafter mentioned; and every such promise or contract, and every agreement relating thereto, shall be, and is hereby declared null and void.
VIII. Provided always, and is hereby further enacted by the No business to authority aforesaid, That no such office or "plaice kept for be transacted any of the said purposes, so licensed as aforesaid, shall be open aLanyJ°ctery" for any of the said purposes, or for the transaction of any bust- eight in the ness relating to the said lottery, before the hour of eight of the morning nor clock in the morning, nor after the hour of eight of the clock aft«r eight in in the evening, (except on the evening of the Saturday preced- rhe evestinging the drawing of the said lottery;) and that the said limitation Exception' Or restriction in point of time shall be inserted in, and made a condition of, every such licence; and in ease of any breach of the
said condition, such licence frail be forfeited, arid lhall and
Two justices may summon offenders against this act, &c. and, on proof of the offence, convict them in penalties, &c.
If penalties are not imme diately paid, they may be levied by distress*
On failure of distress, offender to be Cpmmitted.
Any person forging a licence, (hall forfeit 5001.
may be revoked by any two or more of the said managers and directors; and (over and besides all other penalties to which such person or persons may be liable) such licence shall not be renewed, nor (hall any new licence be granteJ to, or for the benefit of, the same same person or persons, directly or indirectly, for keeping any such office or place for any of the purposes aforesaid.
IX. And whereas many persons have offended against former acts made for establishing lotteries, in such manner that they could not be prosecuted to conviction, by action of debt, bill, plaint, or information, in the regular course of law, within the period of drawing a lottery, and having made their profit thereof, have easily avoided the penalties incurred for such offences by suddenly removing themselves ; be it therefore enacted by the authority aforesaid, That, from and after the said fifth day of April, one thousand seven hundred and seventynine, it mall and may be lawful to and for any two or more of his Majesty's justices of the peace, for the county, city, town, or place, where any offences (hall be committed against this act, or the said act made in this session of parliament, upon information, or complaint made to them upon oath (which oath they are hereby authorised to administer) against any person or persons offending against this act, or the said act, to summon the party offending, and, upon full and sufficient proof being produced, to convict the person or persons so offending against this or the said act, in the penal sum or sums to be forfeited and paid by such offender or offenders as aforesaid; and the person or persons so convicted (hall, immediately after such conviction, pay such penalty to such justices of the peace as aforesaid ; one moiety whereof shall be for the use and benefit of such person or persons as (hall first inform and prosecute for the same, and the other moiety to be applied to the same uses and purposes as the monies arising by the duty on licences granted by this act are directed to be applied: and, upon the neglect or refusal of such offender or offenders to pay such penalty or penalties in manner aforesaid, the said justices, before whom such offender or offenders mall be convicted, are hereby authorized and required to grant a warrant of distress, to levy such penalt y or penalties of the goods and chattels of such offender or offenders; and in cafe no sufficient distress shall be found, then to commit such offender or offenders to the common gaol for such county, city, or place, there to remain for any time not exceeding three months, or until the money so forfeited snail be fully paid and satisfied.
X. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever (hall forge or counterfeit any licence or licences, to be made forth by virtue of this act for the purposes aforesaid, such person or persons (hall forfeit the sum of five hundred pounds; one moiety thereof to his Majesty, his heirs and successors, and the other moiety to him that shall prosecute or sue for the same; to be recovered by
action action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster, in which no essoin, protection, wager of law, or more than one imparlance, (hall be allowed; and (hall be subject to such other penalties as may be inflicted on persons for forgery.
XL And, the more effectually to prevent abuses in the fell- Commiflioning of lottery tickets in (hares or chances, be it enacted by the ers of the authority aforesaid, That any three or more of the commission- ^^[^ *° ers of the treasury, or the high treasurer, for the time being, office'in Tonshall and may, on or before, the fifth day os Aprils one thousand don,andtoapr seven hundred and seventy nine, institute and establish, and point a person are and is hereby authorised and required to institute and estab- u°£onfu<? the lish, an office, within the city of London, for the purposes here- J?.8 e~ in-after mentioned ; and that any three or more of the said com-' miffioners, or the said high treasurer for the time being, shall appoint, and are and is hereby authorised and required to appoint some one or more fit and proper person or persons to officiate in, and to conduct the business of, the said office, taking such security for the full and true performance of his or their duty therein, as to any three or more of the said commissioners, or to the (aid high treasurer for the time being, (hall seem requisite and necessary; and that each and evejy ticket in the wIth whom all said lottery, before it (hall be divided into or sold in (hares tickets, beor chances, (hall be brought to the said office, and (hall be f?r« tIiey arc there deposited and left with the said officer or officers so to be ^re^lhall appointed as aforesaid, who is or are hereby authorised to receive be deposited, the same.
XII. And be it further enacted by the authority aforesaid, All shares to That the said officer or officers so to be appointed as aforesaid, be stamped by or his or their deputy or deputies, dial*, and is and are hereby ttieofficer, authorised and required to stamp and mark each and every (hare or chance of each and every such ticket in the said lottery, so deposited as aforesaid, with some flourish or device engraved -thereon; and that the said officer or officers so to be appointed who shall give as aforesaid, or his or their deputy or deputies, upon the receipt * receipt for of every such ticket, or any number os tickers, in the said lot- eyeryticket tery, for the purpose aforesaid, stiall.give a receipt or receipts to h^°lte WKh the holder or proprietor, at whole office such ticket or tickets is or (hall be shared or divided, in writing for the fame, in the form following; (that is to fay,)
RECEIVED/** day of Form of re
one thousand seven hundred and severity-nine, of , ceipt.
a ticket in the present lottery, number which is
divided into shares or chances; pursuant to an aft of
parliaments made in the nineteenth year of the reign of Ring George the thirds intituled, An act far licensing and regulating lotteryoffice keepers; which [aid ticket now remains and is in my custodyf in pursuance of the said aft.
XIII. And be it further enacted by the authority aforesaid,
All tickets deposited in the office, to remain there three days after drawing.
The numbers t>f all tickets deposited in foe office to be entered in a book, with the names of the owners, and the number of shares into which they are divided,
2 d. for each share to be paid to the officer on depositing tickets in the office 3
who shall therewith pay all expenct-s inddent to the office*
Penalty on felling any (hare of a ticket without a itarnp.
That each and every such ticket in the said lottery as (hall.be so deposited in the said office, and (hall be divided into (hares or chances pursuant to this act, (hall remain and continue in the custody and possession of the said officer or officers, so to be appointed as aforesaid, until the expiration of three days next after the drawing of such ticket in the said lottery; and that on the expiration of three days next after the drawing of such ticket in the said lottery > such ticket (hall be returned to the owner or owners thereof, his, her, or their agent or agents, assignee or assigns, upon producing the said officer's said receipt for the same,
XIV. And be it further enacted by the authority aforesaid, That a book or books (hall be kept by the said officer or officers so to be appointed as aforesaid, who shall truly and fairly enter and register in such book or books, the number of each and every such ticket in the said lottery, which (hall be so as aforesaid deposited in the said office for the purpose aforesaid, toger ther with the name and names of all and every such person or persons who (hall so leave and deposit the same, for the purpose aforesaid, and also the number of (hares or chances into which each and every such ticket in the said lottery (hall be so divided as aforesaid; which book or books any person or persons whomsoever shall and may, from time to time, and at all seasonable times, resort to and inspect, on payment of the sum of twopence, of lawful money of Great Britain^ to the said officer or officers so to be appointed, as aforesaid.
XV. And be it further enacted by the authority aforesaid, That, upon the leaving and depositing of any ticket in the said lottery at or in the said office, with the said officer or officers so to be appointed as aforesaid, for the purpose aforesaid, the person or persons who (hall so leave and deposit the same shall pay to the said officer or officers so to be appointed as aforesaid, for each and every share or chance, into which each and every such ticket in the said lottery (hall be divided by the said officer or officers so to be appointed as aforesaid, the sum of two-pence of lawful money of Great Britain; and that with the monies arising from such fee to be paid as aforesaid, the said officer or officers so to be appointed as aforesaid, (hall bear and pay all such incident charges and expence.s as (hall or may attend the receipt, entry, and taking care of all such tickets in the said lottery, as shall be brought to and deposited in the said office as aforesaid, for the purpose aforesaid, and all other expences attendant on the said office.
XVI. And be it further enacted by the authority aforesaid, That if any person or persons whomsoever shall,, at any time or times hereafter, fell or expose to sale any share or chance of any ticket in the said lottery, without such share or chance shall have been first stamped and marked by the said officer or officers, pursuant to this act; that then, and in such case, all and every such person and persons so offending, upon being convicted" thereof before any one justice of the peace for any county,
riding, riding, or division, or before the mayor, or other justice or justices, of the peace, for any city or town corporate, upon the oath or oaths of one or more credible witness or witnesses, (which said oaths the said justices of the peace and mayor are hereby authorized, impewered, and required to administer,) or upon the view of such justice, or justices, or the mayor, justice or justices, for any city or town corporate, or on the confession of the party or parties accused, shall forfeit and pay the sum of fifty pounds for each and every (hare or chance so sold or exposed to sale, as aforesaid; to be levied by distress and sale of the offender's goods, by warrant under the hand and seal, or hands and seals, of one ot more justice or justices of the peace of such county, riding, division, city, or town, where the offence (hall be committed; which said forfeitures, when recovered, after de- Application ducting the reasonable charges of such prosecution, snail go and tnci'eo*' be applied, one-thiri thereof to the informer, and the remaining two-thirds to thg use of the poor of the parish where such offence shall be comn»tted.
XVI. And be it rprther enacted by the authority aforesaid, Penalty on That if any persoa or persons shall presume to forge or coun- forging or al* terfeit, or to cause or, procure to be forged or counterfeited, or ttr,]nS reshall willingly act or assist in the forging or counterfeiting os t°hreut** any receipt or receipts for, or any (hare or sliares, chance or fame with a chances of any ticket or tickets, signed, divided, made, and de- fraudulent inlivered out, by virtue of this act or alter any number, figure, tendon, word, or stamp, therein or thereon, or utter, vend, barter, or
dispose of, any such forged, counterfeited, or altered receipt or receipts for any share or (hares, chance or chances, of any ticket or tickets; or (hall bring any such forged or counterfeit receipt or receipts, or any (hare or shares, chance or chances, the stamp whereof, or any figure or word therein, (hall have been altered, (knowing the fame to be such,) to any person or persons whomsoever with a fraudulent intention, or shall willingly aid, abet, assist, hire, or command, any person or persons to commit any such offence as aforesaid, then, and in every such cafe, all and every such person or persons so offending, and being thereof convicted in due form of law, shall forfeit and incur the same penalty, to be recovered in the same manner, and suffer the same punishment, as is herein-before inflicted and declared in respect 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; said, That if any person or persons shall be sued, molested, ar prosecuted, for any thing done by virtue or in pursuance
of this act, such person or persons shall and may plead the general issue, and give this act, and the special matter, in evidence, in his, her, or their defence or defences; and if after- Treble eo(U» wards a verdict shalt pass for the defendant or defendants, or the plaintiff or plaintiffs stiall discontinue his, her, or their action or prosecution, or be nonsuited, or judgement shall be given against him, her, or them, upon demurrer, or otherwise $ then such deYou XXXIL Q, fendant