No. V. 9 Anne, c. 14. III. And for the better discovery of the monies or other thing so won and to be sued for and recovered as aforesaid it is hereby further enacted by the authority aforesaid, That all and every the person or persons who by virtue of this present Act shall or may be liable to be sued for the same shall be obliged and compellable to answer upon oath such bill or bills as shall be preferred against him or them for discovering the sum The Person and sums of money, or other thing so won at play as aforesaid. sued shall an swer upon Oath to discover the Money won IV. Provided always, and be it nevertheless enacted by the authority The Person aforesaid, That upon the discovery and repayment of the money or other who shall so thing so to be discovered and repaid as aforesaid, the person or persons discover and who shall so discover and repay the same as aforesaid shall be acquitted repay shall be indemnified and discharged from any further or other punishment for- indemnified feiture or penalty which he or they may have incurred by the playing for or winning such money or other thing so discovered and repaid as aforesaid; any former or other statute law or usage, or any thing in this present Act contained to the contrary thereof in any wise notwithstanding. from further Punishment. forfeit five V. And be it further enacted by the authority aforesaid, That if any Any Person person or persons whatsoever at any time or times after the said first day winning by of May, one thousand seven hundred and eleven, do or shall by any Fraud, &c. fraud or shift cousenage circumvention deceit or unlawful device or ill above 101. at practice whatsoever, in playing at or with cards dice or any the games one Sitting, and aforesaid, or in or by bearing a share or part in the stakes wagers or ad- convicted thereventures, or in or by betting on the sides or hands of such as do or shall of on Indictplay as aforesaid, win obtain or acquire to him or themselves or to any ment, &c. shall other or others any sum or sums of money or other valuable thing or Times the things whatsoever, or shall at any one time or sitting win of any one or value, be deemmore person or persons whatsoever above the sum or value of ten pounds; ed infamous, that then every person or persons so winning by such ill practice as afore- and suffer as in said, or winning at any one time or sitting above the said sun or value of Cases of wilful ten pounds, and being convicted of any of the said offences upon an in- Perjury. dictment or information to be exhibited against him or them for that purpose shall forfeit five times the value of the sum or sums of money, or other thing so won as aforesaid; and in case of such ill practice as aforesaid shall be deemed infamous and suffer such corporal punishment as in cases of wilful perjury; and such penalty to be recovered by such person or persons as shall sue for the same by such action as aforesaid. • VI. And whereas divers lewd and dissolute persons live at great Two Justices expences, having no visible estate profession or calling to maintain them- may cause Per'selves but support those expences by gaming only;' Be it therefore further sons who have enacted by the authority aforesaid, That it shall and may be lawful for no visible Esany two or more of her Majesty's justices of the peace in any county city tate, &c. to be or liberty whatsoever to cause to come or to be brought before them brought before every such person or persons within their respective limits, whom they shall find Surethem, and they shall have just cause to suspect to have no visible estate profession or ties for their calling to maintain themselves by but do for the most part support them- good behaviour, selves by gaming; and if such person or persons shall not make it appear or be comto such juctices that the principal part of his or their expences is not mitted. maintained by gaming, that then such justices shall require of him or them sufficient securities for his or their good behaviour for the space twelve months; and in default of his or their finding such securities to commit him or them to the common gaol, there to remain until he or they shall find such securities as aforesaid. of VII. And be it enacted by the authority aforesaid, That if such person Persons so findor persons so finding sureties as aforesaid shall, during the time for ing Sureties and which he or they shall be so bound to the good behaviour, at any one playing for 20s. time or sitting play or bet for any sum or sums of money or other thing forfeit Recogexceeding in the whole the sum or value of twenty shillings, that theň nizance. such playing shall be deemed or taken to be a breach of his or their behaviour and a forfeiture of the recognizance given for the same. VIII. And for the preventing of such quarrels as shall and may hap- Assaulting, &c. on Account of Money won at Play to forfeit all his Goods, and be imprisoned two Years. No. V. 9 Anne, c. 14. This Act shall not extend to prevent Gam ing in any of the Queen's 鐵 Palaces during her Residence there, &c. pen upon the account of gaming; be it further enacted by the authority aforesaid, That in case any person or persons whatsoever shall assault and beat, or shall challenge or provoke to fight any other person or persons whatsoever upon account (13.) of any money won by gaming playing or betting at any of the games aforesaid, such person or persons assaulting and beating or challenging or provoking to fight such other person or persons upon the account aforesaid shall, being thereof convicted upon an indictment or information to be exhibited against him or them for that purpose, forfeit to her Majesty her heirs and successors all his goods chattels and personal estate whatsoever, and shall also suffer imprisonment without bail or mainprize in the common gaol of the county where such conviction shall be had during the term of two years. IX. Provided always, That nothing in this Act contained shall extend to prevent or hinder any person or persons from gaming or playing at any of the games aforesaid, within any of her Majesty's palaces of St. James or Whitehall, during such time as her Majesty her heirs or successors shall be actually resident at either of the said two palaces, or in any other royal palaces, where her Majesty her heirs or successors shall be actually resident during the time of such actual residence, so as such playing be not in any house lodging or other part of any of the said palaces, the freehold or inheritance whereof is or shall be out of the crown, or is or shall be in lease to any person or persons during such time as such freehold and inheritance shall be out of the crown or such lease shall continue and so as such playing be for ready money only. (13.) In Rex v. Randal, 1 East. P. C. 423. Buller, J. expressed an opinion, that judgment could only be given on this clause, in case the assault was committed at the time of play; but in Rex v. Darly, 4 East. 174. it was expressly ruled, that if the Jury find that the assault was on account of money won at play, the case is within the statute, although the assault was committed at a subsequent time, and at a different place, and after abusive language between the parties in respect of the money won-and judgment was given accordingly. [ No. VI. J 10 Anne, c. 26.-An Act for laying additional Duties on Hides and Skins, Vellum and Parchment, and new Duties on Starch, Coffee, Tea, Drugs, Gilt and Silver Wire, and Policies of Insurance, to secure a yearly Fund for Satisfaction of Orders to the Contributors of a further Sum of One Million Eight Hundred Thousand Pounds towards her Majesty's Supply; and for the better securing the Duties on Candles; and for obviating Doubts concerning certain Payments in Scotland; and for suppressing unlawful Lotteries, and other Debices of the same kind; and concerning Cake Sope; and for Relief of Mary Ravenall, in Relation to an Annuity of Eighteen Pounds per Annum; and concerning Prize Cocoa Nuts brought from America; and certain Tickets which were intended to be subscribed into the Stock of the South Sea Company; and for appropriating the Monies granted in this Session of Parliament. [Inserted Part VI. Class XX. No. VI.] [No. VII. ] 8 George I. c. 2.-An Act for continuing the Duties on Malt, Mum, 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 Indentures; and touching lost Bills, Tickets or Orders; and for exchanging the Tickets in the Exchequer for Certificates; and for suppressing Lotteries densminated 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. [Inserted Part VI. Class XX. No. VII.] [ No. VIII. ] 9 George I. c. 19.-An Act to continue the Duties for Encouragement of the Coinage of Monies; and for Relief of William late Lord Widdrington; and to prevent Foreign Lotteries being carried on in this Ringdom; and for ascertaing the Duties on Bound Books imported; and for Issuing Certificates and Debentures for Arrears due to five Regiments, to be satisfied by Annuities therein-mentioned; and for discharging the Duties of Rock-Salt lost on the Rivers Weaver and Mercy; and for limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively; and for appropriating the Supplies granted to his Majesty in this Sessions of Parliament; and to rectify the Misnomers and Omissions of Commissioners for the Land Tax, in the Year One Thousand Seven Hundred and Twenty-three. [Inserted Part VI. Class XX. No. VIII.] [No. IX. ] 2 George II. c. 28.-An Act to revive the Laws therein-mentioned, relating to the Importation of Foreign Brandy, and other Waters and Spirits; for Importation of Cochineal; to continue several Acts for preventing Frauds in the Customs; for Encouragement of the Silk Manufactures of this Kingdom; for making Copper Ore of the British Plantations an enumerated Commodity; for making perpetual an Act therein-mentioned, for suppressing of Piracy; for enabling Persons prosecuted upon the Capias, in relation to the running of Goods, to defend in Forma Pauperis; for more effectual debarring of unlawful Games; for Licensing Retailers of Brandy, and other distilled Liquors, and for better Regulation of Licences for common Inns and Alehouses. [Inserted Part VI. Class XX. No. IX.] [No. X. ] 6 George II. c. 35.-An Act for appointing Commissioners to examine, state and report who of the Sufferers in the Charitable Corporation are Objects of No. VII. 8 Geo. I. c. 2. No. X. 6 Geo. II. c. 35. 18 Geo. II. c. 34. No Person shall keep a place for playing Roly poly, or other Game with Cards or Dice; Compassion, according to the Descriptions therein-mentioned; and for giving Relief to such Sufferers; and for enforcing the Laws made against Foreign Lotteries; and for impowering the said Commissioners to hear and determine the Claims of such Creditors and Proprietors of the said Corporation, as have not made their Claims within the Time limited by an Act made in the last Session of Parliament, for taking, stating and determining all the Claims and Demands of the Creditors of the said Corporation, and of all Persons claiming any Share or Interest in the Stock or Fund of the said Corporation. [Inserted Part VI. Class XX. No. X.] [No. XI. ] 12 George II. c. 28.-An Act for the more [ No. XII. ] 13 George II. c. 19.-An Act to restrain and prevent the excessive Increase of Horse Races, and for amending an Act made in the last Session of Parliament, intituled, An Act for the more effectual preventing of excessive and deceitful Gaming. [Inserted Part VI. Class XX. No. XII.] [ No. XIII. ] 18 George II. c. 34.-An Act to explain, amend, and make more effectual the Laws in being, to prevent excessive and deceitful Gaming, and to restrain and prevent the excessive Increase of Horse Races. WHEREAS notwithstanding the many good and wholesome laws now in being, for preventing excessive and deceitful gaming, many persons of ill fame and reputation who have no visible means of 'subsistence do keep houses rooms and other places for playing and do permit persons therein to play at cards dice and other devices for large sums of money, by means whereof divers young and unwary · persons and others are drawn in to lose the greatest part and sometimes all their substance; and it frequently happens they are thereby reduced to the utmost necessities and betake themselves to the most wicked 'courses, which end in their utter ruin: And whereas a certain pernicious game called roulet or roly-poly is daily practised, and the laws now in being have by experience been found ineffectual to put a stop to such pernicious practices: For remedy whereof, may it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the twenty-fourth day of June one thousand seven hundred and forty-five, no person or persons of what condition soever shall keep any house room or place for playing, or permit or suffer any person or persons whatsoever within any such house room or place to play at the said game of roulet, otherwise roly-poly, or at any other game with cards or dice already prohibited by the laws of this realm; and in case any person or persons whatsoever shall keep any such house room or place for playing, or permit or suffer any person or persons as aforesaid to play at the said game of roulet, otherwise roly-poly, or at any other game with cards or dice already prohibited by law, such person or persons so offending shall incur the pains and penalties and be liable to such prosecution as is directed in and by an Act made in the twelfth year of the reign of his present Majesty, intituled An Act for the more effectual preventing excessive and deceitful Gaming. No. XIII. 18 Geo. II. c. 34. under Penalties of 12 G. 2. c. 26. II. And be it further enacted by the authority aforesaid, That if any Persons playing person or persons whatsoever shall after the said twenty-fourth day of shall incur the June one thousand seven hundred and forty-five, play at the said game Penalties of of roulet, otherwise roly-poly, or at any game or games with cards 12 Geo. II. or dice already prohibited by law, every such person or persons so offend- c. 28. ing shall also incur the pains and penalties and be liable to such prosecution as is directed in and by an Act made in the twelfth year of the reign of his present Majesty, intituled An Act for the more effectual preventing excessive and deceitful Gaming. III. And whereas in and by a certain statute made in the ninth year 9 Anne, c. 14. of the reign of her late Majesty Queen Anne, intituled An Act for the better preventing excessive and deceitful Gaming, it is (amongst other things) enacted, That from and after the first day of May one thousand seven hundred and eleven, any person or persons whatsoever who should at any time or sitting by playing at cards dice tables or other game or games whatsoever, or by betting on the sides or hands of such who do play at any of the games aforesaid lose to any one or more person or persons so playing or betting in the whole the sum of ten pounds and Should pay and deliver the same or any part thereof, the person or persons so losing or paying or delivering the same should be at liberty within three months then next to sue for and recover the money or goods so lost and paid or delivered or any part thereof from the respective winner or winners thereof with costs of suit; to be sued for and recovered by action of debt founded on the said Act to be prosecuted in " any of her then said Majesty's courts of record; in which actions or suits no essoin protection wager of law privilege of parliament or more than one imparlance should be allowed, with further directions as in the said • Act are particularly set forth: And whereas for the better discovery of the monies or any thing so won and to be sued for as aforesaid, it is by the said statute enacted, That all and every person or persons who by virtue of the said statute should or might be liable to be sued for any such sum or sums of money or valuable things should be obliged and compelled to answer upon oath such bill or bills as should be preferred against him or them for the discovery of the sum or sums of money to be won at play as aforesaid; but no provision is made or authority given to any court of equity to decree the same to be paid;' Be it enacted by the authority aforesaid, That from and after the said twenty- Court of fourth day of June one thousand seven hundred and forty-five, in case any Equity, where bill or bills shall be brought exhibited and filed in any court of equity a Bill shall be against any person or persons for any sum or sums of money won by filed for any any person or persons after the said twenty-fourth day of June one thousand seven hundred and forty-five, contrary to the true intent and meaning of the said Act, it shall and may be lawful for such court wherein such bill shail be brought exhibited and filed to proceed and decree thereupon and enforce such decree or decrees as shall be made in pursuance thereof in the same manner as is practised and used in other causes upon bills and answers depending in the courts where such bill shall be so brought and exhibited. Sum won, may enforce their Decree as in other Clauses. IV. And for the more easy conviction of persons offending against this On Informaor any other former Act for preventing excessive and deceitful gaming; Be tion for any it enacted by the authority aforesaid, That it shall and may be lawful to Offence against and for such person or persons who have jurisdiction to hear and deter- this Act, mine informations upon the statutes against excessive and deceitful gaming upon any information exhibited before them for any offence committed against this Act or against the statute made in the twelfth year of his present Majesty, intituled An Act for the more effectual pre- or 12 G.2.c.23. |