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 fhall forfeit treble the value, one moiety to the king and the other to fuch perfon as fhall profecute or fue within a year.

The 9 Anne, c. 14. proceeds much further, and declares, that all notes, bills, bonds, judginents, 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 reimburfing 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, thall be of lands, tenements, or hereditaments, they fhall enure to the fole use and benefit of, and devolve upon, such persons 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 decease 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 shall 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 use and the other to the poor of the parish. The perfon fued is alfo obliged to anfwer on oath to a bill filed for discovery of money won; and a perfon who makes difcovery and repays, is indemnified againft further profecu

tions.

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. Two juftices may also cause perfons who have no visible eftate, but do for the most part fupport themselves 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. II. 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, fuch perfons fhall be liable to be indicted, and being convicted, fined five times the value of the fum fo won or loft; 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 valuable animal; but excels and irregularity are reftricted 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 those who enter them, on pain of forfeiture; that no plate fhall be run for, of less value than 50%. on penalty of 2007.; and a penalty of rool. is inflicted on thofe, who fhall make, print, publifh, advertise, or proclaim any advertisement, or notice of any plate, prize, fum of money, or other thing, of less value than 50l. to be run for by any horfe, mare, or gelding.

On the laws against illegal gaming in lotteries fome statements and obfervations will be found at page 132 of this voJume; 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 fubjected to a penalty of gool.; 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 propofals for fuch illegal lottery are subject 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 small 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 100l. By 8 Geo. I. c. 2. every perfon who fhall keep an office or place under the denomination of fales of houses, lands, advowfons, prefentations to livings, plate, jewels, fhips, goods, or other things, for the improvement of small fums of money,

or fhall fell or expofe to fale any houfes, lands, advowfons, presentations to livings, plate, jewels, fhips, goods, or other things, by way of lottery, or by lots, tickets, numbers, or figures; or fhall make, print, advertise, or publifh, or caufe to be made, printed, advertifed, or publifhed, propofals or fchemes 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, eftablished 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 fhail make, print, or publish, or caufe to be made, printed, or publifhed, any propofal or fcheme of the like kind or nature, under any denomination, name, or title whatfoever; and fhall be thereof convicted upon the oath of one witnefs 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 person 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 thall, 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.

These reftrictions are extended and inforced by otherftatutes of too great number and length to be here enumerated.

Of gaming in the public funds, as prohibited by the ftatute against stock-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 nuisance, not only in refpect of its endangering the public peace, by drawing toge ther diffolute and debauched perfons; but alfo in refpect of its apparent tendency to corrupt the manners of both fexes, by fuch an open profeffion of lewdnefs. A feme covert is punishable for this offence as much as if he were fole. A lodg VOL. II.

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er who keeps only a fingle room for fuch purposes is indictable for keeping a bawdy-houfe; but the bare folicitation of chastity is not indictable. Offenders of this kind are not only punishable with fine and imprisonment, but also with fuch infamous punishment as to the court fhall feem proper.

For encouragement of profecution againit perfons keeping bawdy-houfes, gaming-houfes, or other diforderly houfes, 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 fuch 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 fuch notice to be true, and entering into a recognizance in the penal sum 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 affizes, as to the justice shall feem meet; and fuch constable or other officer fhall be allowed all the reasonable expences of fuch profecution, to be afcertained. by any two juftices, and be paid the fame by the overfcers of the poor of fuch parish or place; and in cafe fuch perfon 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 justice may also bind over the perfon accufed of keeping fuch diforderly houfe to appear at the feflion, and to good behaviour in the mean time. The conftable neglecting or refusing to fulfil his duty forfeits 20l. to each inhabitant giving him notice.

An unlicenfed place of public entertainment is also ranked as a diforderly house 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 Westminster, without a licence had for that purpose, from the last preceding Michaelmas quarter feffions, under the hands and feals of four or more of the juftices there affembled, shall be deemed a diforderly houfe; and any conftable, or other person, being authorized by warrant under the hand and feal of one juftice of the peace, may enter fuch houfe, and feize 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 licensed muft be affixed in large capital letters the words, Licenfed, purfuant to act of parliament of the 25th king George II,; and they must 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 ford chamberlain of his majesty's household..

STROLLING PLAYERS. By 10 Geo. II. c. 28. every perfon who fhall for lucre, gain, or reward, act, reprefent, or perform, ány interlude, tragedy, comedy, opera, play, farce, or other entertainment of the ftage, or any part, or parts therein, (in case such person shall 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 such 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 fuch 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 should be refiding, and during such 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 perfon 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 fpace 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 fo as fuch 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 jurifdiction, at which, within fix months preceding, a licence fhall have been had and exercifed, or within fourteen miles of either of the universities 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 preceding. But no fuch licence can be

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granted