of any parish paying scot and lot, do give notice in writing to the constable or like peace officer of any person keeping a bawdy-house, gaming-house, or any other disorderly house, in such parish or place, the constable or officer so receiving such notice, shall forthwith go with such inhabitants to one justice, and shall, (upon such inhabitants making oath that they do believe the contents of such notice to be true, and entering into a recognizance in 201. each, to give or produce material evidence against such person for such offence), enter into a recognizance in 30l. to prosecute with effect such person at the next generat or quarter-session, or at the next assizes, as to the justice shall

Seem meet.

S. 5.

And upon such constable or officer entering into such recog nizance, the justice shall make out his warrant to bring the person accused before him, and shall bind him or her over to appear at the next general or quarter-session or assizes, to answer to such bill of indictment as shall be found against him or her; and he may, if he thinks fit, likewise demand and take security for such person's good behaviour in the mean time. s. 6.

And if such constable shall neglect or refuse, upon such notice, to go before a justice, or to enter into such recognizance, or shall be wilfully negligent in carrying on the prosecution, he shall forfeit 201. to each of such inhabitants. s. 7.

And such constable or officer shall be allowed all the rea. sonable expences of such prosecution, to be ascertained by two justices, and shall be paid the same by the overseers; and in case the person shall be convicted of the offence, the overseers shall also forthwith pay 10%. to each of such inhabitants; and if such overseers neglect or refuse to pay such expences, or the said sum of 107. and 10. they shall forfeit to the person entitled thereto, double the sum refused or neglected to be paid. s. 5.

And any person who shall appear, act, or behave as master or mistress, or as the person having the care, government, or management of any such house, shall be deemed the keeper thereof, and liable to be prosecuted as such, notwithstanding he or she shall not in fact be the real owner or keeper thereof. $. 8.

And any person may give evidence against, or on behalf of the defendant, notwithstanding his being a parishioner, or having entered into such recognizance as aforesaid.

s. 9.

And no such indictment shall be removed by certiorari.

3. 10.

Certiorari.] It is a general rule that the king has a right in every case where the crown is concerned, to demand a certiorari, and the court of king's bench is bound of right to grant it; and although an act of parliament take away the certiorari

Cheating in garning

in express words, yet the crown is not included in the restric tion unless there be some words in the act, to shew that the legislature so intended it-thus in the K. v. Davis, Easter Term, 31 Geo. 3. the defendant being indicted for keeping a disorderly house, the indictment was removed by certiorari: at the instance of the prosecutor it was objected that this was wrong, as the statute in this case had enacted that no such indictment shall be removed by certiorari; but the court were clearly of opinion that the whole scope of the act is to render the punishment of offenders more vilectual; and that as there were no words in the act which included the crown in the restriction, the general rule applied that the prosecutor was entitled to a certiorari. 5 Term R p. 626.

By 16 Car. 2. c. 7, If any person shall by any fraud, un. lawful device, or other il practice in playing at cards, dice, tennis, bowls, skittles, shovel board, or in cock-fightings, horseraces, dog-matches, or foot-races, or other pastimes or games, or by bearing a part in the stakes, or by betting on the sides of such as play, act, ride, or run-win any money or other valuable thing; he shall forfeit trobie the value, the one moiety to the king, and the other moiety to the person who shall lose, so as such loser sue for the same within six calendar months; and in default of such prosecution, the same other moiety to such person as shall sue for the same within one year after the six months expired, in any of his majesty's courts at Westminster; and such plaintiffs shall recover treble costs. She 2.

And by 9 Ann. c. 14, If any person shall by any fraud, or shift, cousenage, circumvention, deceit, or unlawful device, or ill practice whatsoever in playing at cards, dice, tables, tennis bowls, or any the games aforesaid, or by bearing a part in the stakes, or by betting, win any money or other valuable thing; every person so winning, and being convicted upon indictment or information, shall forfeit five times the value of the money or other thing won, and shall be deemed infamous, and suffer such corporal punishment as in cases of wilful perjury: such penalty to be recovered by such person as shall sue for the same by action in any court of record.

6. 5.

Such penalty to be recovered by such person as skall sue for the same.] The penalty under this act has been held not to be recoverable until the party is convicted, for in the case of K.. Luckup, Tr. 9 Geo. 2. the defendant being convicted on an information, it was moved that a fine might be set upon him, if he refused to speak to the prosecutor. But by the court: all the judgment that we can give is, that he is convicted; and a new action must be brought upon that judgment for the forfeiture: the defendant was therefore discharged without any ne or costs. 2 Strange 1018.

Alore at one time or sitting.

Any person who shall at any time or sitting, by playing Penalty on at cards, dice, tables, or any other game whatsoever, or by losing 10% or betting, lose to one or more persons in the whole the sum or value of 10%. and shall pay or deliver the same, or any part thereof, the person so losing shall be at liberty, within three months, to sue for the money or goods lost, or any part thereof, from the winner, with costs, by action of debt founded on this act, in any court of record, in which no privilege of parliament shall be alleged; and in case the person who shall lose, shall not without collusion sue, it shall be lawful for any person to sue for the same and treble the value thereof, with costs, the one moiety to the use of the person that will sue, and the other to the poor of the parish. 9 Ann. c. 14. s. 2.

And every person, who by this act shall be liable to be sued for the same, shall be obliged to answer upon oath such bill as shall be preferred, for discovering the money or any thing won at play. s. 3.

And upon the discovery and payment of the money or other thing so discovered, the person who shall discover the same shall be indemnified from any further penalty. s. 4.

And by 18 Geo. 2. c. 31, In case any bill be filed in any court of equity, for any sum of money won contrary to the meaning of 9 Ann. c. 14. it shall be lawful for such court to decree thereupon, and to inforce such decree in the same manner as in other causes. s. 3.

But the sections 3 and 4 of the statute 9 Ann. c. 14, and s. 3. of 18 Geo. 2. c. 33, do not authorize courts of equity to hold cognizance of a bill filed by a common informer for a discovery of money won at play, and if such a bill be filed by a common informer, the defendant may demur thereto, notwithstanding these statutes; for it is not the object of these clauses, to enable a common informer to have a discovery in order to sue for, or recover penalties, which would be contrary to the general principles of law, and the ordinary jurisdiction of courts of equity: they only give courts of equity cognizance of a bill for discovery at the suit of the loser, the party grieved, who might otherwise have no means of recovering, and it is clear, that these clauses do not apply to the case of a common informer fron the clause which empowers the court to proceed to a dece for a court of equity cannot make a decree for a penalty by statute, to a common informer. Holloway v. Shakespear, in the Exchequer, November 28, 1803. 1 Smith's Rep. 121.

At any time or sitting.] To lose 10l. at one time is to lose it by a single stake or bet; to lose at one sitting, is to lose it in a course of play, where the company never parts, though the person may not be actually gaming the whole time; and

As if the parties play from Monday evening to Tuesday evening, without any interruption, except for an hour or two at dinner, as was the fact in this case in Blackstone,

Penalty on winning above 10%

at one time or sitting.

Penalty in ge

neral on either winning or losing at one time 101. or

in either case the winning is a nullity, and the money may be recovered back. Barnes v. Booth, Mic. 19 Geo. 3. 2 Black Rep. 1126.

Or other game whatsoever.]

It is settled that horse-races are within these general words. 2 Strange 1159. 2 Will.

309.

So also has a foot-race been held to be within the statute, 2 Wils. 36. Corp. 281,

And one man running against time is a foot-race. Comp.

281.

Also by the above statute of 9 Ann. c. 14, If any person shall at any one time or sitting, win of one or more persons above the sum or value of 10. he shall, being convicted upon an indictment or information, forfeit five times the va lue of the sum of money, or other thing so won; to be reco vered in any court of record by such person as shall suc for the same. s. 5, 2.

And by 18 Geo. 2. c. 31., If any person shall win or lose at play or by betting, at one time, the sum or value of 10%, or within twenty-four hours, the sum or value of 207. he shall be liable to be indicted for such offence within six months either within twenty- before the justices of King's Bench, assize, gaol delivery, or four hours, 204. grand sessions; and being convicted, shall be fined five times the value of the sum so won or lost; which fine (after such charges as the court shall allow to the prosecutors and evidence) shall go to the poor of the parish where such offence is committed. s. 8.

Losing above

1001. at a time.

And if any person so offending, discover any other person so offending, so that he be convicted, the person so discovering, shall be discharged from all penalties by reason of such offence, if he hath not been before convicted, and shall be admitted an evidence. s. 9.

But nothing herein shall repeal or invalidate 9 Ann. s. 10. By 16 Car. 2. c. 7, If any person shall play at cards, dice, tables, tennis, bowls, skittles, shovel-board, or any other pas time or game whatsoever, other than with ready money, or shall bet on the sides of such as do, or shall play thereat, and shall lose any money or other thing exceeding 100%. at one time, or meeting, upon ticket or credit, and shalt not pay down the same, the party who loseth above 1007, shall not be compelable to pay the same, but all judgments, recognizances, mort. gages, bonds, and other acts given for the same shall be void*,

* And a court of equity will always relieve against apparent fraud, although the case may not be within the statute; this was done in Humphries v. kigly, M. 1698, where the court ordered a bond given for a gaming debt, and which had been incurred by evident bad practice, to be delivered up; although the case was not within the statute, the bond being for less than 100%. for equity always relieved before the statute, where any fraud appeared. 2 Abr. Eq. cas. 18+.

and the person winning shall forfeit treble the value; the one moiety to the king, and the other moiety to such as shall sue for the same within one year after such offence committed, in any of his majesty's courts at Westminster; and such plaintiff

shall have treble custs. s. 3.

And by 9 4n. c. 14, All notes, bills, bonds, judgments, Securities to de mortgages, or other securities, given by any person where the void. whole or any part of the consideration of such securities shail he for money, or other valuable thing, won by gaming, or playing at cards, dice, tables, tennis, bowls, or other game whatsoever, or by betting on the sides of such as game, or for repaying any money knowingly leat for such gaming, or lent at the time and place of such play to any person that shall play or bet.-shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever; and whore such securities or conveyances should be of lands, tenements, or hereditaments, or shall incumber or affect the same, they shall enure for the use of such person as shall be entitled to such lands, &c. in case the grantor, or the person incumbering the same had been dead; and all conveyances made for preventing of such lands, &c. from coming to such person shall be void. s. 1.

There is a difference between money LEST al play and money LOST and not paid down; for money lent at play on a man's bare word, may be recovered. This was determined in the case of Barjen v. Walmsley, II. 19 Geo. 2. which was as follows: the plaintiff and defendant gamed together, at tossing up for five guineas at a time, and the plaintif having won all the defendant's ready money, lent him ten guinzas at a time, and won it till the defendant had borrowed 120 guineas. action for money leat, it was insisted for the defendant, that by 9 dan. c. 14. the plaintiff coal maintain no action; for be that act all securities for money lent to game with shall be void; and the borrowing on an agreement to pay is a security, Lee, Ch. J. held that this was not a case within the act, for there is not the word contract, as in the statute of usury, ani the word securities, as it stands in this 2ct, must lasting liens upon the estate. The parliament might think there would be no great harm in a parol contract, where the erodit was not like to run very high; and therefore confined the act to written securities; therefore the plaintiff obtained a verdict for 1261. 2 Str. 1249.

But

This doctrine was again recognized by Lord Mansfield and the court, in Robinson v. Bland, M. 1 Geo. 3. where it was said, that the act of 16 Car. 2. c. 7. s. 3. does not meddle with money LENT AT PLAY. But as to money exceeding 1001. lost and not puid down at the time of losing, it says, "That the loser shall not be compellable to make it good; but the contract and contructs for the came and for