hundred pounds, at any one time or meeting, upon ticket or credit, or otherwife, the party lofing fhall not be bound or compellable to pay; but the contract and all judgments, recognizances, mortgages, bonds, bills, fpecialties, and fecurities, given for the fame, or any part thereof, fhall be utterly void; and the perfon winning shall forfeit treble the value, one moiety to the king and the other to such person as fhall profecute or fue within a year. The 9 Anne, c. 14. proceeds much further, and declares, that all notes, bills, bonds, judgments, mortgages, or other fecurities or conveyances, given or entered into, where the whole or any part of the confideration fhall be for money, or other valuable thing won by gaming or betting; or for the reimburs ing or repaying any money knowingly lent or advanced for gaming or betting; or at the time and place of play, to any perfon gaming or betting, fhall be void to all intents and purpofes; and where fuch mortgages, fecurities, or conveyances, fhall be of lands, tenements, or hereditaments, they fhall enure to the fole ufe and benefit of, and devolve upon, fuch perfons as fhould have, or be entitled to fuch lands, tenements, or hereditaments, in cafe the grantors, or perfons encumbering, had been naturally dead, and as if fuch mortgages, fecurities, or other conveyances, had been made to the perfons fo to be entitled after the deceafe of the perfon incumbering; and all grants or conveyances for the preventing of fuch lands, or hereditaments, from devolving upon fuch perfons by the act intended to enjoy the fame, fhall be void. Any perfon, who fhall at any time. or fitting, by playing or betting at cards, dice, tables, or other games, lofe in the whole the fum or value of ten pounds, and fhall pay or deliver the fame, or any part thereof, the perfon lofing and paying fhall be at liberty within three months to fue for and recover the money or goods fo loft, or any part thereof, from the winner, with cofts of fuit: and in cafe the perfon lofing fhall not, within the time aforefaid, really and bona fide fue and with effect profecute for the money or other thing loft and paid, any other perfon may fue for and recover the fame, and treble the value with cofts; the one moiety to his own ufe and the other to the poor of the parish. perfon fued is alfo obliged to anfwer on oath to a bill filed. for difcovery of money won; and a perfon who makes difcovery and repays, is indemnified againft further profecu tions. The Any perfon winning by fraud, &c. above 10l. at one fitting, and convicted thereof on indictment or information, forfeits five times the value, and shall be deemed infamous, and fuffer fuch corporal punishment as in cafes of wilful perjury. Twe juftices may alfo caufe perfons who have no visible eftate, but do for the most part fupport themfelves by gaming, to be brought before them, and they fhall be committed until they find fureties for their good behaviour for twelve months. Alfo, by 18 Geo. Il c. 34. if any perfon fhall win or lofe at play, or by betting, at any one time, the fum or value of ten pounds, or within the fpace of twenty-four hours the fum or value of twenty pounds, fach perfons fhall be liable to be indicted, and being convicted, fined five times the value of the fum fo won or lot; which fine fhall go to the poor of the parish. Horfe-racing is a mode of gaming which it has been thought fit to encourage, as it tends to improve the breed of a most va luable animal; but excefs and irregularity are restricted by the ftats. 13 Geo. II. c. 19. and 24 Geo. III. c. 31. which require, that the horses entered for any plate fhall be the property of thofe who enter them, on pain of forfeiture; that no plate fhall be run for, of lefs value than 50l. on penalty of 200/.; and a penalty of 100l. is inflicted on thofe, who fhail make, print, publifh, advertife, or proclaim any advertifement, or notice of any plate, prize, fum of money, or other thing, of lefs value than 50l. to be run for by any horfe, mare, or gelding. On the laws against illegal gaming in lotteries fome flatements and obfervations will be found at page 132 of this volume; it may be neceffary to add, that by various ftatutes from the 10th of William, to the 27th George III. various games, engines, and devices for playing by means of cards, dice, and other contrivances, are declared to be included in the term lotteries; and those who open or keep them are accordingly subjected to a penalty of 500%; one third to the king, another to the poor, and another to the informer. Perfons playing at them forfeit 20%. to be divided in like manner. Thofe who print or publifh any proposals for fuch illegal lottery are fubject to a penalty of 100l. Perfons who fet up any office or place, for making infurances on marriages, births, chriftenings; or under the denomination of fales of gloves, fans, cards, numbers, or the queen's picture, for the improvement of fmall fums of money, or the like offices or places under the pretence of improving fmall fums of money, forfeit for every offence five hundred pounds, to be divided as aforefaid; and perfons printing or publishing propofals forfeit in like manner 100/. By 8 Geo. I. c. 2. every perfon who fhall keep an office or place under the denomination of fales of houfes, lands, advowfons, prefentations to livings, plate, jewels, fhips, goods, or other things, for the improvement of fmall fums of money, or fhall fell or expofe to fale any houses, lands, advowsons, prefentations to livings, plate, jewels, fhips, goods, or other things, by way of lottery, or by lots, tickets, numbers, or figures; or fhall make, print, advertife, or publifh, or caufe to be made, printed, advertised, or published, proposals or schemes for advancing fmall fums of money by feveral perfons, amounting in the whole to large fums, to be divided among them by the chances of the prizes in fome public lottery or lotteries, established or allowed by act of Parliament; or fhall deliver out tickets to the perfons advancing fuch fums, to entitle them to a fhare of the money fo advanced, according to fuch propofals or fchemes; or fhall make, print, or publifh, or caufe to be made, printed, or published, any propofal or fcheme of the like kind or nature, under any denomination, name, or title whatsoever; and fhall be thereof convicted upon the oath of one witness by two juftices of the peace, he fhall for every offence, over and above any former penalties inflicted by any former acts of parliament, forfeit five hundred pounds; but the perfon convicted may appeal to the feffion. For default of payment he is committed to jail for twelve months, and further until payment. Perfons adventuring in fuch fales or fchemes forfeit double the fum contributed, with cofts. Alfo by 9 Geo. I. c. 19. if any perfon fhall, by virtue or colour of any authority from any foreign government, erect or keep any lottery, or undertaking in the nature of a lottery, under any denomination, or make, print, or publish, any propofal or fcheme for any fuch lottery or undertaking, or fell any tickets in any foreign lottery, he fhall, on conviction before two juftices, forfeit, over and above other penalties, 200l. to be levied by diftrefs, and for want of effects remain in jail one year, and until the penalty be paid. Thefe reftrictions are extended and inforced by other ftatutes of too great number and length to be here enumerated. Of gaming in the public funds, as prohibited by the statute against ftock-jobbing, notice has been taken at p. 102 of this volume. DISORDERLY HOUSES. A Brothel comes under the cognizance of the temporal law as a common nuifance, not only in refpect of its endangering the public peace, by drawing together diffolute and debauched perfons; but alfo in refpect of its apparent tendency to corrupt the manners of both fexes, by fuch an open profeflion of lewdnefs. A feme covert is punifhable for this offence as much as if he were fole. A lodgVOL. II. Y y er er who keeps only a fingle room for fuch purpofes is indictable for keeping a bawdy-houfe; but the bare folicitation of chaftity is not indictable. Offenders of this kind are not only punishable with fine and imprisonment, but also with such infamous punishment as to the court fhall feem proper. For encouragement of profecution against perfons keeping bawdy-houfes, gaming-houses, or other diforderly houses, it is enacted, that if any two inhabitants of any parish or place, paying fcot, and bearing lot therein, do give notice in writing to any conftable (or other peace officer of the like nature, where there is no conftable) of such parish or place, of any perfon keeping a bawdy-houfe, gaming-house, or any other diforderly houfe, the conftable fhall forthwith go with fuch inhabitants to a juftice, and fhall, upon their making oath that they believe the contents of such notice to be true, and entering into a recognizance in the penal fum of twenty pounds each to give or produce material evidence against fuch perfon for fuch offence, enter into a recognizance in the penal fum of thirty pounds to profecute with effect fuch perfon for fuch offence at the next general or quarter feffions, or at the next aflizes, as to the juftice shall seem meet; and fuch conftable or other officer fhall be allowed all the reasonable expences of fuch profecution, to be ascertained by any two juftices, and be paid the fame by the overfeers of the poor of fuch parish or place; and in cafe such person fhall be convicted of fuch offence, the overfeers fhall forthwith pay the fum of ten pounds to each of fuch inhabitants, or on neglect or refufal, forfeit double the fum withheld. The juftice may also bind over the perfon accufed of keeping fuch diforderly house to appear at the feffion, and to good behaviour in the mean time. The conftable neglecting or refufing to fulfil his duty forfeits 20l. to each inhabitant giving him notice. An unlicenfed place of public entertainment is also ranked as a diforderly houfe by the 25 Geo. II. c. 36., which provides that any houfe, room, garden, or place of public entertainment of the like kind, in, or within twenty miles of, London or Weftminster, without a licence had for that purpose, from the last preceding Michaelmas quarter feflions, under the hands and feals of four or more of the juftices there affembled, fhall be deemed a diforderly houfe; and any conftable, or other perfon, being authorized by warrant under the hand and feal of one justice of the peace, may enter fuch house, and seize every person found there, to be dealt with according to law. Every perfon keeping fuch houfe, or place, without licence, fhall forfeit one hundred hundred pounds to him who will fue for the fame; and on fome confpicuous part of houfes and places fo licenfed muft be affixed in large capital letters the words, Licenfed, purfuant to act of parliament of the 25th king George II.; and they muft not be opened till five o'clock in the afternoon on pain of forfeiting the licence. This act does not extend to the theatres royal, nor to performances and public entertainments lawfully exercifed and carried on by virtue of letters patent or licence of the crown, or of the lord chamberlain of his majesty's household. STROLLING PLAYERS. By 10 Geo. II. c. 28. every person who fhall for lucre, gain, or reward, act, reprefent, or perform, any interlude, tragedy, comedy, opera, play, farce, or other entertainment of the ftage, or any part, or parts therein, (in cafe fuch perfon fhall not have any legal fettlement in the place where the fame fhall be acted) without authority by virtue of letters patent from his majefty, or licence from the lord chamberlain, fhall be deemed a rogue and a vagabond, and liable and fubject to all fuch penalties and punishments, and by fuch methods of conviction as are inflicted on, or appointed for, the punishment of rogues and vagabonds who fhall be found wandering, begging, and mifordering themselves. And every such player fo performing, whether he has a legal fettlement or not, is liable to a penalty of fifty pounds for every offence. This act also provided, that no perfon fhould be licensed to act plays in any place except in the city and liberties of Westminster, and in places where the king fhould be refiding, and during fuch refidence only; but the 28 Geo. III. enables the justices of the peace of any county, riding, or liberty, in general or quarter feffions affembled, to grant a licence to any person making application by petition, for the performance of dramatic pieces at any place within their jurifdictions, for any number of days not exceeding fixty, to commence within the next fix months, and to be within the space of fuch four months as fhall be specified in the faid licence; fo as there be only one licence in ufe at the fame time within the jurifdiction fo given, and so as such place be not within twenty miles of London, Westminster, or Edinburgh, or eight miles of any patent or licensed theatre, or ten miles of the refidence of his majefty, or of any place within the fame jurisdiction, at which, within fix months preceding, a licence fhall have been had and exercifed, or within fourteen miles of either of the univerfities of Oxford and Cambridge, or within two miles of the outward limits of any city, town, or place, having peculiar jurifdiction; and fo alfo as no fuch licence fhall have been had and exercifed at the fame place, within eight months then next préceding. But no fuch licence can be Y y 2 granted |