By stat 33 Hen. VIII. c. 9, s. 11 (a), no person shall for his gain, 2. Keeping or lucre, or living, keep any common house, alley, or place of bowling, haunting gamcoyting, colysh, cayls, half-bowl, tennis, dicing-table, carding, or any unlawful game then or thereafter to be invented, on pain of forfeiting 40s. a-day. But it was resolved upon this clause, in the third year of Jac. I., that if the guests in an inn or tavern call for a pair of dice or tables, if the house be not kept for gaming, lucre, or gain, but they play only for recreation, and for no gain to the owner of the house, this is not within the statute, nor is such person that plays in such house that is not kept for lucre or gain within the penalty of that law. (Dalt. c. 46). Keeping a cock-pit is within the act, and is also indictable at common law. (1 Russ. 300, ante, 311). And moreover, by the same statute, s. 12, it is further enacted, that every person using and haunting any of the said houses and plays, and there playing, shall forfeit 6s. 8d. ing-houses. Gaming-houses prohibited by 23 Hen. 8, c. 9 (a). Playing in inns. Cock-pits. Haunting gaming houses. Power of justices such houses, and those found there. as to keepers of Sect. 14. And all justices of the peace in every shire, mayor, sheriffs, bailiffs, and other head officers in every city, town and borough, may enter all such houses, places, and alleys, where such games shall be suspected to be holden, exercised, used, or occupied, and as well the keepers of the same, as also the persons there haunting, resorting, and playing, may take, arrest, and imprison, and keep in prison until the keepers and maintainers of the said plays and games have found sureties to the king's use, to be bound by recognizance or otherwise, no longer to use, keep or occupy any such house, play, game, alley, or place; and also that the persons there so found be in like case bound by themselves, or with sureties, no more to play, haunt, or exercise from thenceforth, in, at, or to any of the said places, or at any of the said games (b). Sect. 15. And the mayors, sheriffs, bailiffs, constables, and other And of officers in head officers, within every city, borough or town, shall make due search cities and towns. weekly, or at the furthest once a month, in all places where any such houses, alleys, plays, or places shall be suspected to be had, kept, and maintained; and if they shall not make such search at the furthest once a month, if the case so require, every such person offending shall forfeit 40%. for each month. servants. Sect. 16. No manner of artificer, or craftsman of any handicraft or Artificers and occupation, husbandman, apprentice, labourer, servant at husbandry, journeyman, or servant of artificer, mariners, fishermen, watermen, or any serving man, shall play at the tables, tennis, dice, cards, bowls, clash, coyting, logating, or any other unlawful game, out of Christmas, on pain of 208. for every time; and in Christmas to play at the said games in their masters' houses, or in their masters' presence; and also no person shall at any time play at bowl or bowls in open places out of his garden or orchard, on pain of 6s. 8d. for every time of offending. (See Rex v. Clarke, 1 Cowp. 35). license such. Sect. 22. But any master may license his servant to play at cards, Masters may dice, or tables, with himself, or with any other gentleman repairing to his said master openly in his house, or in his presence. Sect. 23. And any nobleman or other person having manors, lands, Also certain per (a) This act may be said to be now obsolete, but it does not appear to have been expressly repealed. The title of the act is, "The Bill for the maintaining Artillery, and the debarring of unlawful Games." (b) By the metropolitan police act, 2 & 3 Vict. c. 47, s. 48, commissioners of police may authorize superintendents and constables to enter places which there are good grounds for believing to be used as common gaming-houses, and VOL. III. seize and destroy tables, &c.: owner or Y sons may. tenements, or other yearly profits for life, in his own or his wife's right, of 1007. a-year, may command or license his servants, or family of his house, to play within the precinct of his house, garden, or orchard, at cards, dice, tables, bowls, or tennis, as well among themselves as others repairing to the same house. Sect. 16. And all justices of the peace, mayors, bailiffs, sheriffs, and other head officers, and every of them, finding or knowing any person using unlawful games, contrary to this act, may commit every such offender to ward, there to remain without bail or mainprize till he be bound by obligation to the king's use, in such sum as by the discretion of the said justices, mayors, bailiffs, or other head officers shall be thought reasonable, that they shall not from thenceforth use such unlawful games. By stat. 2 Geo. II. c. 28, s. 9, where it shall be proved on the oath of two witnesses before any justice of the peace, as well as where he shall find upon his own view, that any person hath used any unlawful game contrary to the said statute of Hen. VIII., the said justice shall have power to commit him to prison without bail, unless and until he shall enter one or more recognizance or recognizances, with sureties or without, at the discretion of the justice, that he shall not from thenceforth play at or use such unlawful game. And by stat. 33 Hen. VIII. c. 9, s. 18, where any of the forfeitures above mentioned shall be found within the precinct of any franchise or leet, the lord shall have one half, and the other half shall be to him that shall sue in any of the king's courts; and elsewhere, they shall be half to the king, and half to him that sue in like manner. By the stat. 31 Eliz. c. 5, s. 7, all suits to be pursued upon any sta tute (that is, any statute then in force) for using any unlawful game shall be sued and prosecuted, or otherwise heard and determined, in the general quarter sessions or assizes of the county where the offence shall be committed, or in the leet within which it shall happen, and not in anywise out of the county. By 18 Geo. II. c. 34, s. 1, if any person shall keep any house, room, or place for playing, or permit any person within such house, &c. to play at the game of roulet, otherwise roly-poly, or at any other game with cards or dice, already prohibited by law, he shall incur the penalty of the 12 Geo. II. c. 28, ante, namely, 2007. And, by sect. 2, all persons playing at any such game incur a similar penalty. (See the provisions, ante, 317, 318). By sect. 7, ante, 319, no privilege of Parliament shall be allowed to any person, against whom a prosecution shall be commenced, for keeping any public or common gaming-house, or any house, room, or place for playing at any before or now prohibited game. The 25 Geo. II. c. 36, the main provisions of which are directed against disorderly houses, contains provisions for the encouraging of prosecutions against persons keeping gaming-houses, and compels overseers of the poor and constables to prosecute them. (See the provisions, title "Disorderly House," Vol. I. See also Clarke v. Rice, 1 B. & Ald. 694; R. v. Davies, 5 T. R. 626; R. v. Fox, 5 Dowl. 242). As to gaming in public houses, see ante," Alehouses," Vol. I. p. 111. Lotteries declared nuisances. III. Lotteries and Little Goes. By the 10 & 11 Will. III. c. 17, intituled "An Act for suppressing of Lotteries," reciting that "several evil-disposed persons, for divers years last past, have set up many mischievous and unlawful games, called lotteries, not only in the cities of London and Westminster, and in the suburbs thereof, and places adjoining, but in most of the eminent towns and places in England, and in the dominion of Wales, and have thereby most unjustly and fraudulently got to themselves great sums of money from the children and servants of several gentlemen, traders, and merchants, and from other unwary persons, to the utter ruin and impoverishment of many families, and to the reproach of the English laws and government, by colour of several patents or grants under the great seal of England for the said lotteries, or some of them; which said grants or patents are against the common good, trade, welfare, and peace of his Majesty's kingdoms:" for remedy whereof, it is enacted, "that all such lotteries, and all other lotteries, are common and public nuisances, and that all grants, patents, and licences for such lotteries, or any other lotteries, are void and against law." 3. Lotteries and little goes. 10 & 11 Will. 3, c.17. Sect. 2. "That from and after the 29th day of December, which shall Persons keeping be in the year of our Lord God, 1699, no person or persons whatsoever such lotteries. shall publicly or privately exercise, keep open, show, or expose to be played at, drawn at, or thrown at, or shall draw, play, or throw at any such lottery, or any other lottery, either by dice, lots, cards, balls, or any other numbers or figures, or any other way whatsoever; and that every person or persons that shall, after the said 29th day of December, exercise, expose, open or show to be played, thrown or drawn at, any such lottery, play or device, or other lottery, shall forfeit for every such of- Penalty, 5007. fence the sum of 5007., to be recovered by information, bill, plaint, or action at law in any of his Majesty's courts at Westminster, wherein no essoin, wager of law, nor any more than one imparlance shall be allowed; one third part thereof to the use of his Majesty, his heirs and successors, one other third part thereof to the use of the poor of the parish where such offence shall be committed, and the other third part thereof, together with double costs, to the party that shall inform and sue for the same; and the said parties so offending shall likewise be offenders deemed prosecuted as common rogues, according to the statutes in that case rogues. made and provided." Sect. 3. "Every person or persons, that after the said 29th day of Persons playing, December shall play, throw, or draw at any such lottery, play, or de- &c. to forfeit 201. vice, or other lotteries, shall forfeit for every such offence the sum of 204, to be recovered by information, bill, plaint, or action at law, in any of his Majesty's courts at Westminster, wherein no essoin, wager of law, nor any more than one imparlance shall be allowed; one third part thereof to the use of his Majesty, his heirs and successors, one other third part thereof to the use of the poor of the parish where such offence shall be committed, and the other third part thereof, together with double costs, to the party that shall inform and sue for the same." Setting up or alvertising such lotteries a penalty of 100 By 9 Anne, c. 6, s. 56, "All justices of the peace, and all mayors, Justices to prevent bailiffs, head officers, constables, and other her Majesty's civil officers, such lotteries. within their respective jurisdictions, are hereby empowered and required to use their utmost endeavours to prevent the drawing of any such unlawful lottery, heretofore or hereafter to be set up, by all lawful ways and means; and that every person who after the 8th day of March, 1710, shall set up, or shall, by writing or printing, publish the setting up any such unlawful lottery, with intent to have such lottery drawn, shall forfeit, for every such offence, 100%., to be recovered by information, bill, plaint, or action at law, in any of her Majesty's courts at Westminster, wherein no essoin, wager of law, nor any more than one imparlance shall be allowed; one third part thereof to the use of her Majesty, her heirs and successors; one other third part thereof to the use of the poor of the parish where such offence shall be committed, and the other third part thereof, together with full costs, to the party who shall inform and sue for the same." By 10 Anne, c. 26, s. 109, "Every person or persons who, after the 24th day of June, in the year of our Lord, 1712, shall erect, set up, or 3. Lotteries and little goes. 10 Anu. c. 26. Insurances on marriages, &c., and keeping of offices for lotteries, &c., prohibited. Penalty, 5001. Printers publishing same subject keep any office or place, for making insurances on marriages, births, christenings, or service, or on any of them, or any other office or place, under the denominations of sales of gloves, of fans, of cards, of numbers, of the Queen's picture, for the improvement of small sums of money, or the like offices or places, under the pretence of improving small sums of money, shall forfeit, for every such offence, the sum of 5007., to be recovered, with costs of suit, by action of debt, bill, plaint, or information, in any of her Majesty's courts aforesaid, wherein no essoin, protection, wager of law, nor any more than one imparlance shall be allowed; one third part thereof to the use of her Majesty, her heirs and successors; one other third part thereof to the use of the poor of the parish of the place where the offence shall be committed; and the other third part thereof, together with full costs of suit, to the person or persons who shall inform or sue for the same: and every printer or other person, to penalty of 1007. who, after the said 24th day of June, 1712, shall, by writing or printing, publish the setting up or keeping any such office or place under any the denominations aforesaid, or like denominations, for the improvement of small sums of money, shall, for every such offence, forfeit the sum of 100%., to be recovered and distributed in such manner as the penalty last-mentioned is to be recovered and distributed; and every person or persons who, after the said 24th day of June, 1712, in any office or place, before the said 24th day of June, 1712, erected or set up for making insurances on marriages, births, christenings, or service, or under any other the denominations aforesaid, or any like denominations, for improvement of small sums, shall make, or suffer to be made therein, any new insurances or contracts for new insurances on marriages, births, christenings, or service, or receive any payments into any the said offices or places aforesaid, for improvement of small sums of money, shall forfeit, for every such offence, the sum of 1007., to be recovered and distributed in like manner." Sales of lands or goods, and chances in public lotteries, prohibited. By 8 Geo. I. c. 2, s. 36, reciting that, "notwithstanding the provision already made by several acts of Parliament, for suppressing and preventing of unlawful lotteries, and offices and places, under the denomination of sales, and taking or making, buying or selling, subscriptions for the sale of chances, or part of chances, to arise on tickets made out in pursuance of any act of Parliament for a public lottery, many illdisposed persons, with a design to evade such laws, have of late presumed and do daily presume to erect and set up offices or places under the denomination of sales of houses, lands, plate, jewels, ships, goods, and other things; and also have presumed to make, print and publish, or cause to be made, printed or published, proposals or schemes for advancing small sums of money by several persons, amounting in the whole to large sums, to be divided among them by the chances of the prizes in some public lottery or lotteries, established or allowed by act of Parliament, and to deliver out tickets to the persons advancing such sums, to entitle them to a share of the money so advanced according to such proposals, and advertisements thereof are daily published in the common printed newspapers and otherwise; which practices are highly prejudicial to the public, and to the trade of this kingdom, and tend to defraud his Majesty's subjects;" enacts, "that all and every person or persons who, after the 21st day of December, in the year of our Lord, 1721, shall erect, set up, continue or keep, or shall cause or procure to be erected, set up, continued or kept, any office or place under the denomination of sales of houses, lands, advowsons, presentations to livings, plate, jewels, ships, goods, or other things, for the improvement of small sums of money; or shall sell or expose to sale any houses, lands, advowsons, presentations to livings, plate, jewels, ships, goods, or other things, by way of lottery, or by lots, tickets, numbers, or figures; or shall make, print, advertise, or publish, or cause to be made, printed, 3. Lotteries and little goes. 8 Geo. 1, c. 2 advertised, or published, proposals or schemes for advancing small sums of money by several persons, amounting in the whole to large sums, to be divided among them by the chances of the prizes in some public lottery or lotteries, established or allowed by act of Parliament: or shall deliver out, or cause or procure to be delivered out, tickets to the persons advancing such sums to entitle them to a share of the money so advanced according to such proposals or schemes; or shall make, print, or publish, or cause to be made, printed, or published, any proposal or scheme of the like kind or nature, under any denomination, name, or title whatsoever; and shall be thereof convicted upon the oath or oaths of one or more credible witness or witnesses, by two or more justices of the peace of the county, division, or liberty where such offence shall be committed, or the offender shall be found, (which oath such justices of the peace are hereby empowered and required to administer), the person so convicted shall for every such offence, over and above any former penalties inflicted by any former act or acts of Parliament made against Penalty, 500. any private or unlawful lotteries, forfeit the sum of 5007., one third part thereof to his Majesty, his heirs and successors, one other third part thereof to the informer, and the remaining third part thereof to the poor of the parish where such offence shall be committed; the same to be levied by distress and sale of the offender's goods, by warrant under the hands and seals of such justices before whom such offender shall be convicted as aforesaid; and shall also for every such offence by such justices be committed to the county gaol, there to remain without bail or mainprize for the space of one whole year, and from thence till the said sum of 5004, so forfeited as aforesaid, shall be fully paid and satisfied: Provided nevertheless, that any person who shall think himself or herself aggrieved by the judgment or determination of two or more such justices, in any the cases aforesaid, shall have liberty to appeal to the next quarter sessions to be held for the county, city, or place where such judgment or determination shall be made or given, and that the judgment to be given by the justices at the said next quarter sessions shall be final." Sect. 37. "That all and every person and persons who, after the time aforesaid, shall be adventurer or adventurers in, or shall pay any money or other consideration, or any ways contribute unto, or upon the account of any such sales, lotteries, proposals or schemes aforesaid, shall forfeit for every such offence double the sum paid or contributed, to be recovered with costs of suit by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster, wherein no essoin, protection, wager of law, nor any more than one imparlance shall be allowed; one moiety thereof to his Majesty, his heirs and successors, the other moiety thereof to the person or persons who shall inform or sue for the same." By 12 Geo. II. c. 28, intituled "An Act for the more effectual prerenting of excessive and deceitful Gaming," after reciting that, "in and by an act of Parliament made and passed in the tenth and eleventh years of the reign of his late Majesty King William the Third, intituled, An Act for suppressing of Lotteries,' after reciting, that for divers years before making the said act several evil-disposed persons had set up many unlawful games called Lotteries, not only in the city of London and Westminster and in the suburbs thereof, but in most of the ancient towns and places in England and the dominion of Wales, and had thereby most unjustly and fraudulently gotten to themselves great sums of money from the children and servants of several gentlemen, traders, and merchants, and from other unwary persons, to the utter ruin and impoverishment of many families, it is declared and enacted, that all such lotteries, and all other lotteries, are common and public nuisances: and whereas, in order to suppress all such lotteries, it is in and by the said statute enacted and declared, that from and after the twenty-ninth Adventurers in same subject to a penalty of double the sum paid. Reciting 10 & 11 Will. 3, c. 17. |