Forgery. 7 & 8 Vict. c. 22. ereinafter respectively set forth (that is to say,) the term 'base shall be made upon any metal whatsoever; and the term 'her ma- Her majesty. e term 'mark' shall mean and include any mark, stamp, or impression Mark. of a certain stan the figures 22 Sect. 15. “And whereas all gold wares of the standard or fineness of After 1st Oct. enty-two carats of fine gold in every pound troy assayed by any of the 1844, gold wares 1 companies of goldsmiths and guardians are by certain statutes now dard to be marked orce required to be marked with the same mark as that with which all with a crown and er wares of the standard or fineness of eleven ounces and two penny- instead of the ghts, assayed as aforesaid, are required to be marked, (that is to say,) lion passant. the figure of the lion passant, in order to denote the standards thereof pectively, whereby great facilities to frauds are afforded, and extensive ids have been committed by dealers in gold and silver wares; and it xpedient that all gold wares of the standard or fineness aforesaid, and Essayed as aforesaid, should be marked by a different mark, to denote standard thereof, from the mark so used for the said silver wares as resaid; be it therefore enacted, That from and after the first day of ober, 1844, there shall be struck or marked by the said company of dsmiths in London, and by the several companies of Goldsmiths in the es of York, Exeter, Bristol, Chester, and Norwich, and the town of wcastle-upon-Tyne, and the Company of Guardians of the Standard of ught plate in the town of Birmingham, upon all gold wares of the ndard or fineness of twenty-two carats of fine gold in every pound troy, nght to them respectively to be assayed, the mark of a crown and the tres 22, instead of the mark of the lion passant." Sect. 16. "That the rules, directions, powers, privileges, pains, penal- Extending the forfeitures, causes, matters, and things enacted or provided in and powers, penalties, and provisions any of the laws and statutes of this realm now in force in relation to concerning the emark of the lion passant on gold wares of the standard or fineness of marks formerly enty-two carats in the pound troy, and assayed as aforesaid, and also directed to be relation to the die used for making the said mark of the lion passant, made use of by all extend to, and be continued, applied, practised, and put in execution this act. all cases relating to the said mark of a crown and the figures 22 hereby rected to be used for the gold wares aforesaid, and also relating to the d die to be used for making the said mark, as fully and effectually, to intents and purposes, as if the same rules, directions, powers, privies, pains, penalties, forfeitures, causes, matters, and things were again rticularly repeated and enacted in and by the present act, any thing in statutes now in force or any of them contained to the contrary notithstanding." used to the marks Limitation of act. Sect. 17. That this act shall not extend to Scotland or Ireland." Sect. 18. "That this act shall come into operation on the first day of Commencement ctober, 1844." of act. Friendly Society. Game. 7 & 8 Vict. c. 29. France. See ante, Addenda to," Foreign Country." Friendly Society. A SOCIETY established for the purpose of lending the money raised by the contributions of its members to the members themselves, is not a friendly society within the statutes 10 Geo. IV. c. 56, and 4 & 5 Will. IV. c. 40. (Reg. v. Scott, 13 Law J., N. S., Mag. Cas. 70.) Game. THE provisions of the 52 Geo. III. c. 93, that convictions for sporting without game certificates shall be entered and registered with the com missioners of taxes of the district, and returned to the clerk of the peace, are directory only; and where this has been omitted, the conviction is not therefore void; but the convicting magistrate may be liable to punishment for not complying with the directions of the statute. (Maron v. Barker, 1 Car. & Kir. 101.) By sect. 9 of 6 & 7 Will. IV. c. 65, relating to trespasses by enterin upon land in pursuit of game, it is enacted "That upon any informa tion made or exhibited before a justice of the peace of any such offenc as aforesaid, it shall not be necessary that the charge contained in suc information should be made on the oath of the informer or prosecutor such case; provided that before any proceeding shall be had or take upon such information, either for summoning the party accused, or com pelling his appearance to answer the same, the charge contained in suc information shall be deposed to on the oath of some other person or pe sons, being a credible witness or credible witnesses. An informatic under this section was as follows: } Staffordshire, Be it remembered, that, on, &c., at, &c., Sir O. M., of &c., There was no other document deposing to the charge contained in the information :-Held, that this information alone was not a sufficier compliance with the above section to give two magistrates jurisdiction entertain the charge. (Reg. v. Scotton, 13 Law J., N. S., Mag. Cas. 56. By the 7 & 8 Vict. c. 29, intituled "An Act to extend an Act of the Ninth Year of King George the Fourth, for the more effectual Prevention of Persons going armed by night for the Destruction of Game," [4 July, 1844,] reciting that by the 9 Geo. IV. c. 69, it is enacted, that any person shall, after the passing of the said act, by night, unlawfuly take or destroy any game or rabbits in any land, whether open inclosed, such offender should, upon conviction thereof, before two jus tices of the peace, be liable to be punished, and to find security f good behaviour, as in the said act specified; and it was further thereby Game. forfeitures imposed by the acted, that if any person should be found upon any land committing ny such offence as is hereinbefore mentioned such person might be eized and apprehended, and committed to custody, and in case of any 7 & 8 Vict. 29. ssault or violence should be punished as in the said act is set forth : and that the provisions of the said act have of late years been evaded nd defeated, by the destruction, by armed persons at night, of game or bbits, not upon open or inclosed lands, as described in the said act, but pon public roads and highways, and other roads and paths leading rough such lands, and also at the gates, outlets, and openings beveen such lands, and roads, highways, and paths; so that not only as the destruction of game or rabbits not been prevented, but the risk murder and other grievous offences contemplated by the said act has en increased, and great danger and alarm occasioned to persons using ch roads, highways, and paths; and it is expedient that the remedies ovided by the said act against such offences as hereinbefore menned should be extended and applied to the like offences committed on such roads, highways, and paths: it is therefore enacted "That Punishments and m and after the passing of this act all the pains, punishments, and feitures imposed by the said act upon persons by night unlawfully recited act on ing or destroying any game or rabbits in any land, open or inclosed, persons by night therein set forth, shall be applicable to and imposed upon any person, or rabbits in any destroying game night unlawfully taking or destroying any game or rabbits on any open or inclosed blic road, highway, or path, or the sides thereof, or at the openings, persons by night tlets, or gates from any such land into any such public road, highway, destroying game path, in the like manner as upon any such land, open or inclosed; and or rabbits on any shall be lawful for the owner or occupier of any land adjoining either e of that part of such road, highway, or path where the offender shall and the gamekeeper or servant of such owner or occupier, and any son assisting such gamekeeper or servant, and for all the persons thorized by the said act, to apprehend any offender against the provine thereof, to seize and apprehend any person offending against the said or this act; and the said act, and all the powers, provisions, authori3, and jurisdictions therein or thereby contained or given shall be as plicable for carrying this act into execution as if the same had been ein specially set forth." (See Vol. II. p. 267.) Gaming and Lotteries. land to apply to public road, &c. teries. 7 Vict. c. 3. See the 7 & 8 Vict. c. 109, as to art-unions; ante, Addenda, “Art-Union.” Gaming and LotBy 7 Vict. c. 3, intituled "An Act to stay Proceedings for Three CalenMonths, and till the End of the present Session of Parliament, in cera Actions under the Provisions of several Statutes for the Prevention excessive Gaming, and to prevent any Proceedings being taken under ose Statutes during such limited Time," [5th March, 1844,] reciting at by the 9 Anne, c. 14, it is among other things enacted, that from 9 Anne, c. 14. id after the said 1st day of May, 1711, any person or persons whatever who shall at any time or sitting, by playing at cards, dice, tables, other game or games whatsoever, or by betting on the sides or hands such as do play at any of the games aforesaid, lose to any one or ore person or persons so playing or betting, in the whole, the sum or due of 107., and shall pay or deliver the same or any part thereof, the rson or persons so losing and paying or delivering the same shall be at berty, within three months then next, to sue for and recover the money goods so lost and paid or delivered, or any part thereof, from the repective winner and winners thereof, with costs of suit, by action of debt unded on this act, to be prosecuted in any of her majesty's courts of ecord, in which actions or suits no essoin, protection, wager of law, rivilege of parliament, or more than one imparlance shall be allowed; which action it shall be sufficient for the plaintiff to allege that the lefendant or defendants are indebted to the plaintiff, or received to the Lotteries. 7 Vict. c. 3. 11 Ann. (I.) Gaming and plaintiff's use the monies so lost and paid, or converted the goods won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him, according to the form of this statute, without setting forth the special matter; and in case the person or persons who shall lose such money or other thing as aforesaid shall not within the time aforesaid really and bond fide, and without covin or collusion, sue and with effect prosecute for the money or other thing so by him or them lost, and paid or delivered as aforesaid, it shall and may be lawful to and for any per son or persons, by any such action or suit as aforesaid, to sue for and recover the same and treble the value thereof, with costs of suit, against such winner or winners as aforesaid; the one moiety thereef to the use of the person or persons that will sue for the same, and the other moiety to the use of the poor of the parish where the offence shall be committed and whereas similar provisions are contained in an act similarly intituled, passed in the parliament of Ireland in the eleventh year of the reign of her said majesty: and whereas by an act passed in the sixteenth year of the reign of his majesty king Charles the Second, 16 Car. II. c. 7. intituled "An Act against deceitful, disorderly, and excessive Gaming, "It is amongst other things enacted, that if any person or persons shall play at any of the games in the said act enumerated and set forth, or any other pastime, game or games whatsoever (other than with and for ready money) or shall bet on the sides or hands of such as do or shall play thereat, and shall lose any sum or sums of money or other thing or things so played for exceeding the sum of 100%. at any one time or meeting, upon ticket or credit or otherwise, and shall not pay down the same at the time when he t they shall so lose the same, the party and parties who loseth or shall lose the said monies or other things or things so played or to be played for above the said sum of 1001. shall not in that case be bound or com pelled or compellable to pay or make good the same, but the contrad and contracts for the same and for every part thereof, and all and singa lar judgments, statutes, recognizances, mortgages, conveyances, assur ances, bonds, bills, specialties, promises, covenants, agreements, and other acts, deeds, and securities whatsoever which shall be obtained, made, given, acknowledged, or entered into for security or satisfaction of or for the same or any part thereof, shall be utterly void and of non effect, and that the said person or persons so winning the said monies f other things shall forfeit and lose treble the value of all such sum and sums of money or other thing or things which he shall so win, gain, ob tain, or acquire above the said sum of 100%., the one moiety thereof to out said sovereign lord the king, his heirs and successors, and the other moiety thereof to such person or persons as shall prosecute or sue for the same within one year next after the time of such offence committed, and to be sued for by action of debt, bill, plaint, or information in any of his ma jesty's courts of record at Westminster, wherein no essoin, protection, or wager of law shall be allowed; and that every such plaintiff ar plaintiffs, informer or informers, shall in every such suit and prosecu tion have and receive his treble costs against the person and persons offending and forfeiting as aforesaid, any law, custom, or usage to the 10 Will. III. (I.) contrary notwithstanding: and whereas provisions nearly similar to those last above recited are contained in an act similarly intituled, passed in the parliament of Ireland in the tenth year of the reign of his majesty king William the Third: and whereas several persons have been subjected to proceedings at law at the suit of common informers or persons other than the actual losers: and whereas it is expedient that such proceedings as have already been commenced at the suit of any common informer, or such other persons than the actual losers, under the aboverecited provisions of the said acts or any or either of them, for the re covery of any forfeiture or pecuniary penalty incurred or supposed to have been incurred by playing at any of the sports or pastimes mentioned in the schedule hereunto annexed, or by betting on the sides or hands of such as did play at the same, should be stayed and suspended for a limited Gaming and 7 Vict. c. 3. than actual cation to the e, and that during such limited time no proceedings should for the fube commenced in such cases by any common informer, or any person er than the actual loser; it is therefore enacted, "That immediately after passing of this act it shall be lawful for any person against whom any inal writ, writ of summons, suit, action, bill, plaint, or information shall Proceedings commenced by come been sued out, commenced, or prosecuted by or at the suit of any com- mon informers, or a informer, or person other than the actual loser, on or before the day persons other he passing of this act, for the recovery of any forfeiture or pecuniary losers, for penalalty incurred or supposed to have been incurred, under the said pro- ties incurred by ons of the said act passed in the ninth year of her said majesty queen betting on certain playing at or ne, or of the said act passed in the sixteenth year of his said majesty games to be g Charles the Second, or of any other act, by playing at any of the stayed on appliI sports or pastimes mentioned in the schedule hereunto annexed, and court in which bona fide variety of any of the said sports, pastimes or games, and they were comsport, pastime, or game of a like or similar description to any of the menced or to a judge. I sports, pastimes, or games to which a different name may, by geneor local usage, be appropriated, or by betting on the sides or hands such as did play thereat, such playing or betting being alleged to e taken place previously to the 1st day of June, 1844, to apply to the ut in which such original writ, writ of summons, suit, action, bill, int, or information shall have been sued out, commenced, or prosefed, or to any judge of either of the superior courts at Westminster, an order that proceedings shall be stayed for three calendar months till the end of the present session of parliament; and every such rt or judge, as the case may be, is hereby authorized and required, n such application, and proof that sufficient notice has been given he plaintiff or informer, or to his attorney, of the application, and n being satisfied by affidavit or otherwise that such proceedings have a commenced for the recovery of such forfeiture or pecuniary penalty foresaid, to make such order as aforesaid; and upon the making border aforesaid all further proceedings on such writ, writ of sumas, suit, action, bill, plaint, or information shall be forthwith stayed suspended as aforesaid." Irish acts. ect. 2. "That immediately after the passing of this act it shall be The like remedy ful for any person against whom any proceeding or proceedings shall in cases where penalties may e been commenced or prosecuted by or at the suit of any common have been incurrmer in Ireland on or before the day of the passing of this act, for red under the recovery of any forfeiture or pecuniary penalty incurred or supposed ave been incurred under the said provisions of the said act passed in eleventh year of her said majesty queen Anne, or of the said act passed he tenth year of his said majesty king William the Third, or of any er act, by playing at any of the said sports or pastimes, or by betting he sides or hands of such as did play at the same, such playing or ing being alleged to have taken place previously to the 1st day of e, 1844, to apply to the court or a judge in Dublin in like manner, such court or judge shall proceed in like manner and make such order rein as is hereinbefore directed to be done in the like proceedings comaced by any common informer in England." common in Sect. 3." That from and after the passing of this act no proceeding or Restricting proceedings whatever shall be commenced or prosecuted by any common ceedings by any rmer, or person other than the actual loser, his executors or adminis- former, &c. ors, in the United Kingdom of Great Britain and Ireland, under the under any of the above provisions 1 above recited provisions of the said acts, or any or either of them, or after the passing any other act, for any forfeiture or pecuniary penalty incurred or of this act. posed to be incurred by playing at any of the said sports or pastimes, by betting on the sides or hands of such as do play at the same, before 1st day of June, 1844.” Sect. 4." That no indictment or other criminal proceeding whatsoever Actions not to be ll be presented or prosecuted against any person for winning or the consent of the brought without ing by playing or betting at or on any of the said sports or pastimes, attorney general. for betting on the sides or hands of such as do play thereat, without |