3. Lotteries and little goes. 9 Ann. c. 6 or day of December, which shall be in the year of our Lord, one thousand six hundred and ninety-nine, no person or persons whatsoever shall publicly or privately, exercise, keep open, show, or expose to be played at, drawn or thrown at, or shall draw, play or throw at any such lottery, or other lotteries, either by dice, lots, cards, balls or any other number or figures, or any other way whatsoever, under such penalties as in the said act are mentioned and set forth; which said statute is enforced by an act of Parliament made in the ninth year of the reign of her late Majesty Queen Anne, intituled, An act for reviving, continuing and appropriating certain duties upon several commodities to be eported, and certain duties upon coals to be water-borne and carried coastwise; and for granting further duties upon candles for thirty-two years: to raise fifteen hundred thousand pounds by way of a lottery, for the service of the year one thousand seven hundred and eleven; and for suppressing such unlawful lotteries, and such insurance offices, as are therein_mentioned:' and whereas in and by one other act of Parliament made and 8 Geo. 1, c. 2, s. 36. passed in the eighth year of the reign of his late Majesty King George the First, intituled, An Act for continuing the duties on malt mun, cyder, and perry, to raise money by way of a lottery, for the service of the year one thousand seven hundred and twenty-two; and for transferring the deficiencies of a late malt act to the land-tax for the said year; and for giving time for inserting the money given with apprentices in their indetures; and touching lost bills, tickets, or orders; and for exchanging the tickets in the exchequer for certificates; and for suppressing lotteries denominated sales, and other private lotteries; and for enlarging the time for the accountant-general of the bank of England to return duplicates of annuities into the exchequer;' it is enacted, that all and every person persons, who after the twenty-first day of December, in the year of our Lords one thousand seven hundred and twenty-one, 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, 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 wit ness 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 any private or unlawful lotteries, forfeit the sum of 500l.; one third part thereof to his Majesty, his heirs and successors, and 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 jus tices be committed to the county gaol, there to remain without bail or 3. Lotteries and little goes. mainprize for the space of one whole year, and from thence till the sum of 500%. 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 of the said next quarter sessions shall be final: and whereas it is found by experience, that the said good and wholesome laws have not effectually answered the good ends, intents, and purposes, in and by the said acts designed; but that, contrary to the true intent and meaning of the said recited acts, several deceitful games and subscriptions are daily carried on under the denomination of sales of houses, lands, plate, jewels, goods, and other things; and that several printers have printed, published, or caused to be printed and published, proposals or schemes for the sale of such houses, lands, plate, jewels, goods, and other things, to be determined by raffles, by mathematical machines or engines, and by other indirect ways and means, tending to evade the said good and wholesome laws before mentioned: and whereas several persons have for many years past carried on and set up certain fraudulent games and lotteries, to be determined by the chance of cards and dice, under the denomination of the games of the ace of hearts, Pharaoh, basset, and hazard, and thereby defrauded several of his Majesty's subjects, ignorant of the great disadvantage adventurers in the said games and lotteries so denominated the games of the ace of hearts, Pharaoh, basset, or hazard, are under, subject, and liable to: and whereas several doubts have arisen, whether the said games of the ace of hearts, Pharaoh, basset, and hazard are within the descriptions of the lotteries prohibited by the said recited acts of Parliament: and whereas great difficulties have arisen upon the methods of conviction of the offenders against the said acts of Parliament;" it is enacted, "That if any person or persons shall, after the 24th day of June, 1739, erect, set up, continue, or keep any office or place, under the denomination of a sale or sales of houses, land, advowsons, presentations to livings, plate, jewels, ships, goods, or other things, by way of lottery, or by lots, tickets, numbers or figures, cards or dice; or shall make, print, advertise, or publish, or advertising, &c. or cause to be made, printed, 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 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 deliverd 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 expose to sale any houses, lands, advowsons, presentations to livings, plate, jewels, ships, or other goods, by any game, method, or device whatsoever, depending upon, or to be determined by any lot or drawing, whether it be out of a box or wheel, or by cards or dice, or by any machine, engine, or device of chance of any kind whatsoever; such person or persons, and every or either of them, shall, upon being convicted (a) thereof before any one justice of the peace for any county, 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, empowered, 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 (a) The only proceeding now is by information, in the name of the attorneygeneral, &c., as pointed out by the 46 Geo. III. c. 148. Keeping an office, property by lottery, &c.; &c. for the sale of lotteries of money; or exposing to sale lands, jewels, &c. by lottery, &c. 3. Lotteries and little goes. 12 Geo. 2, c. 28. shall be subject to Application of the party or parties accused, shall forfeit and lose the sum of 200%., to be levied by distress and sale of the offender's goods, by warrant under the hands and seals of one or more justice or justices of the peace of such county, riding, division, city, or town where the offence shall be com mitted; which said forfeitures, when recovered, after deducting the reaa penalty, 2001. (@). sonable charges of such prosecution, shall go and be applied, one third thereof to the informer, and the remaining two thirds to the use of the poor of the parish where such offence shall be committed, excepting the said two thirds of such forfeitures which shall be incurred by and rece vered upon any person or persons within the city of Bath, which said two-thirds shall go and be applied to and for the use and benefit of the poor residing within the hospital or infirmary lately erected for the benefit of poor persons resorting to the said city for the benefit of the mineral waters, after deducting the charges of conviction as aforesaid." And see 42 Geo. III. c. 119, s. 5, post, 330. penalties. Certain games declared illegal, and within the acts. Penalty of 501 on the adventurers. Game of passage and other games with dice, &c. de in the 12 Geo. 2, c. 28. By sect. 2, "The said games of the ace of hearts, Pharaoh, basset, and hazard are and are hereby declared to be games or lotteries by cards or dice within the intent and meaning of the statutes 10 & 11 Will. III. c. 17; 9 Ann. c. 6, s. 56; 10 Ann. c. 26, s. 109; 9 Geo. I. c. 19. And that all and every person or persons who shall set up, maintain, or keep the said games of the ace of hearts, Pharaoh, basset, and hazard, shall be subject and liable to all and every the penalties and forfeitures in and by this act inflicted upon any person or persons who shall erect, set up, continue, or keep any of the said games or lotteries in this present act mentioned; and shall be prosecuted and convicted, and the penalties and forfeitures shall be sued for and recovered in like manner as the said penalties and forfeitures are by this act directed to be sued for and recovered." The game of hazard is considered an unlawful game by 12 Geo. II. c. 28, s. 3, and 18 Geo. II. c. 34, s. 2, whether played in private or at a public gaming-table. (M'Kinnell v. Robinson, 2a Jurist, 595; 3 Me. § W. 434). By sect. 3, "All and every person and persons who shall be adven turers in any of the said games, lottery or lotteries, sale or sales, or shali play, set at, stake, or punt at either of the said games of the ace of hearts, Pharaoh, basset, and hazard, and shall be thereof convicted in such manner and form as in and by this act is prescribed; every such person of persons shall forfeit and lose the sum of 50l., to be sued for and recovered as aforesaid." And by 13 Geo. II. c. 19, s. 9, reciting, "And whereas a good and wholesome law was made in the twelfth year of the reign of his present clared illegal with- Majesty King George the Second, intituled, An act for the more effectua preventing of excessive and deceitful gaming,' but contrary to the true intent and meaning thereof, some fraudulent and deceitful games have been invented, and a certain game called passage is now daily practised and carried on, to the ruin and impoverishment of many of his Majesty's subjects; it is therefore hereby enacted and declared, that the said game of passage, and all and every other game and games invented or to be invented with one or more die or dice, or with any other instrument, engine, or device in the nature of dice, having one or more figures or numbers thereon, (backgammon and the other games now played with the backgammon tables only excepted), are and shall be deemed to be game or lotteries by dice, within the intent and meaning of the said in part recited act; and all and every person and persons who shall set up maintain, or keep any office, table, or place (save and except as in the said in part recited act is provided and declared) for the said game c passage, or for any other such game or games as aforesaid, (backgammon and the other games now played with the backgammon tables only ex Penalty on keepers of tables, &c. (a) See the 42 Geo. III. c. 119, s. 2, post, 329, making it a penalty of 500. cepted), shall severally forfeit, be subject, and liable to all and every the penalties and forfeitures in and by the said in part recited act inflicted upon any person or persons who shall erect, set up, continue, or keep any of the games or lotteries in the said in part recited act mentioned; and all and every person or persons who shall play, set at, stake, or adventure at the said game of passage, or at any other such game as aforesaid, (backgammon and the other games now played with the backgammon tables only excepted), save and except as in the said in part recited act is provided and declared, he and they respectively shall severally forfeit, be subject, and liable to all and every the penalties and forfeitures in and by the said in part recited act inflicted upon any person or persons who shall play, set at, stake, or adventure at any of the said games in the said in part recited act mentioned; and all and every such offenders respectively shall be prosecuted and convicted, and the several penalties and forfeitures shall be sued for, and recovered and disposed of in like manner, and to such uses, as the several penalties and forfeitures in either of such cases are by the said in part recited act directed to be sued for, and recovered, and disposed of." And every person who shall set up, maintain, or keep any office, table, Several penalties. or place for the game of passage, or any other such game as aforesaid (except as excepted), shall severally forfeit as in stat. 12 Geo. II. c. 28. Sales of property by lottery, &c. void; feited, &c. Moreover, by 12 Geo. II. c. 28, s. 4, "Every such sale or sales of houses, lands, advowsons, presentations to livings, plate, jewels, ships, goods or other things, by any game, lottery or lotteries, machine, engine, or other device whatsoever, depending upon, or to be determined by chance or lot, shall and are hereby declared to be void to all intents and purposes whatsoever: and all such houses, lands, advowsons, presenta- and property fortions to livings, plate, jewels, ships, goods or other things, set up and exposed to sale in manner and form aforesaid, shall be forfeited to such person or persons who shall sue for the same, by action, bill, plaint, or information, in any of his Majesty's courts of record, or at the assizes for any county where the offence shall be committed; in which action, bill, plaint, or information, no essoin, protection, wager of law, or more than one imparlance shall be allowed. other lotteries. By stat. 42 Geo. III. c. 119, intituled, "An act to suppress certain Little goes and games and lotteries not authorized by law," after reciting that whereas evil disposed persons do frequently resort to public houses and other places, to set up certain mischievous games or lotteries, called Little Goes, and to induce servants, children, and unwary persons, to play at the said games; and thereby most fraudulently obtain great sums of money from servants, children, and unwary persons, to the great impoverishment and utter ruin of many families;" for remedy whereof, sect. 1 enacts, “that all such games or lotteries, called Little Goes, shall from and after the passing of this act be deemed and are hereby declared common and public nuisances, and against law." Sect. 2. "From and after the first day of July, 1802, no person or persons whatsoever shall publicly or privately keep any office or place to exercise, keep open, shew, or expose to be played, drawn, or thrown at or in, either by dice, lots, cards, balls, or by numbers or figures, or by any other way, contrivance, or device whatsoever, any game or lottery called a Little Go, or any other lottery whatsoever not authorized by Parliament, or shall knowingly suffer to be exercised, kept open, shown, or exposed to be played, drawn, or thrown at or in, either by dice, lots, cards, balls, or by numbers or figures, or by any other way, contrivance, or device whatsoever, any such game or lottery in his or her house, room, or place, upon pain of forfeiting for every such offence the sum of 500l., to be recovered in the Court of Exchequer, at the suit of his Majesty's attorneygeneral, and to be to the use of his Majesty, his heirs and successors; and every person so offending shall be deemed a rogue and vagabond within Persons keeping any place for a game or lottery not authorized by law, &c. shall for feit 5007. &c. 3. Lotteries and little goes. 42 Geo. 3, c. 119. Vagrants. Justices may authorize persons to break open doors of places where such offences com mitted, and appre hend offenders, &c. the true intent and meaning of an act passed in the 17 Geo. II. c. 5, and shall be punishable as such rogue and vagabond accordingly.” By sect. 3, persons so offending, against whom no such information shall have been made, shall be punished as rogues and vagabonds, within the 17 Geo. II. c. 5, and 27 Geo. III. c. 1. But statute 5 Geo. IV. c. 83, repeals the 17 Geo. II. c. 5, and statute 46 Geo. III. c. 148, repeals the 27 Geo. III. c. 1, see tit. " Vagrant," Vol. VI. Sect. 4. "Upon complaint or information made upon oath before any justice or justices of the peace, of any offence committed against this act in any house or place within the jurisdiction of any such justice or justices, whereby any of the offenders may be liable to punishment as rogues and vagabonds, it shall and may be lawful to and for the said justice or justices before whom such oath shall be taken, if he or they shall judge it reasonable, by special warrant under his or their respective hands and seals, to authorize and empower any person or persons, by day or by night, (but if in the night time, then in the presence of a constable or other lawful officer of the peace, who are hereby required to be aiding or assisting therein), to break open the doors or any part of such house or place where such offence shall have been committed, and to enter into such house or place, and to seize and apprehend all such offenders and all other persons who shall be discovered in such house or place, and who shall have knowingly aided or assisted, or been any ways concerned with any such offender or offenders in committing such offence, and to convey them before any justice or justices of the peace of the county, riding, division, city, liberty, or place wherein such person shall be so apprehended, to be dealt with according to law as aforesaid; and all persons who shall be discovered in such house or place, knowingly aiding, assisting, or any ways concerned with such offender or offenders in the carrying on any transactions respecting the said little goes or lotteries, or either of them, shall be deemed rogues and vagabonds, and punishable in like manner, as is directed by the said recited act of the 17 Geo. II. c. 5. [This act of 27 Geo. II. c. 1, is now repealed by statute 5 Geo. IV. c. 83. See tit. "Vagrant," Vol. VI.] And it shall and may be lawful for the officer or officers having the execution of such warrant, and all other persons acting in his or their aid or assistance, to stop, arrest, and detain all and every the person and persons so discovered in such house or place, and to convey the said person and persons before such justice or justices of the peace as aforesaid; and if any person or persons shall forcibly obstructing persons. struct, oppose, molest, or hinder, any such officer or officers, or others acting in his or their aid or assistance, in the due execution of their duty, or in the due entering into such house or place, or in the seizing, detaining, or conveying before such justice or justices any such offenders or other persons as aforesaid, every such person so obstructing, opposing, molesting, or hindering as aforesaid, shall be deemed an offender against law and the public peace, and the court before whom any such offender shall be tried and convicted shall and may order such offender to be fined, imprisoned, and publicly whipped, as in their discretion shall be thought fit; and all persons, although not discovered in such house or place as aforesaid, who shall employ or cause to be employed any person or persons in carrying on any of the transactions aforesaid, or in aiding or as sisting any such person or persons, shall be deemed rogues and vagabonds, and shall be punishable in like manner as is directed by the 27 Geo. III. c. 1." [But the 46 Geo. III. c. 148, s. 64, repeals the 27 Geo. III.] Penalty for ob Persons agreeing to pay any sum, or to deliver any goods, &c. on any event relative to such game or lottery, or publishing any proposal, shall forfeit 100%. Sect. 5. "From and after the passing of this act, no person or persons whatever shall, on or under any pretence, device, form, denomination, or description whatsoever, promise or agree to pay any sum or sums, or to deliver any goods, or to do or forbear doing any thing for the benefit of any person or persons, whether with or without consideration, on any event or contingency relative or applicable to the drawing of any ticket or tickets, lot or lots, numbers or figures, in any such game or lottery, or to publish any proposal for any of the purposes aforesaid; and if any |