Merchants shall be, receive on his or her bare back, twenty-one lashes, well laid on, at the public whipping post. V. Provided always, That nothing in this act conexempted. tained shall be construed to prohibit any merchant, or person keeping store for sale of merchandise, from retailing liquors, so as such liquors be not drank, or intended to be drank, at the house, store, or plantation where the same shall be so sold. Two justices (one quo. rum) may suppress ordinaries where gaming or tipling, &c. is permitted. In what ca ses, debts, or obliga tions for retailed li be void. VI. And be it further enacted, by the authority aforesaid, That if any ordinary keeper shall in his house permit unlawful gaming, or suffer any person or persons to tipple in his house, or drink any more than is necessary, on the Lord's day, or any other day, set apart by public authority for religious worship, or shall harbour or entertain any seaman, or servant, contrary to this act, it shall be lawful for any two justices of peace, one being of the quorum, of the county where such offender lives, upon their own view and knowledge, or upon information and oath of one or more credible witnesses, to suppress such ordinary until the next succeeding court, and upon certificate of such offence made by the said justices to such court, and further inquiry, the court may disable such offender from keeping ordinary thereafter, until they shall think fit to grant him a new licence, or may restore him to keep ordinary upon his former licence, as they shall see cause: And if any ordinary keeper shall presume to sell or retail any liquor, after he has been so suppressed by two justices, and before he is restored by the court, he or she shall be liable to all the penalties by this act laid upon persons retailing liquors without licence. VIL. And that if any ordinary keeper shall sell drink to any sailor in actual pay on board any ship, upon credit, for any value whatsoever; or if he, or any other person, shall sell any liquors by retail, exquors shall ceeding twenty shillings current money, or the value thereof, in any one year, to any person or persons, upon credit; or if any ordinary keeper shall take obligation, or other specialty, for any sum, or quantity of tobacco whatsoever, for liquors retailed or sold upon credit, he or she shall not recover any money, tobacco, or other commodity, for liquors so sold upon thereon to credit, but every such debt, obligation, or specialty, be dismissed, with double' shall be void; and if any warrant, petition, writ, or bill be prosecuted or exhibited against any person for Process costs. the same, such warrant, petition, writ, or bill, shall be dismissed, and the defendant shall have double costs. Keepers en VIII. And that if any ordinary keeper shall sell any Penalty on liquor whatsoever, upon credit, to any sailor in actual Ordinary pay on board any ship, or other vessel, or shall har- tertaining or bour, entertain, or sell drink to any such sailor, with- selling drink out licence from the master of the ship, or vessel, to to sailors in which the sailor belongs, such ordinary keeper shall pay on board. for every such offence, forfeit and pay ten shillings to the master of the ship, or vessel, recoverable with costs, before any justice of peace of the county wherein such ordinary keeper lives. be recovered IX. And that all penalties and forfeitures by this How the peact given or laid, and not herein before appropriated, nalties may shall be, one moiety to the king, his heirs and suc- and approcessors, for and towards the better support of this go- priated. vernment, and the contingent charges thereof, the other moiety to the informer, recoverable with costs, in any court of record of this dominion, having legal cognizance thereof. X. Provided nevertheless, That this act shall not Ordinaries in extend to the ordinary keepers of the city of Williams- Williamsburg, giving credit to any person whatsoever, during burg, exthe times of general assemblies, or courts of justice, any thing aforesaid to the contrary, notwithstanding. cepted. the court of XI. And be it further enacted, by the authority afore- And shall be said, That the court of Hustings, within the city of under jurisWilliamsburg, shall from henceforth have the sole diction of power of granting licences to ordinary keepers with- Hustings. in the said city: And that the courts of the counties of York, and James city, shall not exercise any ju risdiction in that matter, as hath been formerly done. Provided always, That such licences be granted in the manner by this act directed: And the justices of the said court of Hustings shall have the same powers and authorities, both as to granting licences, and regulating and suppressing ordinaries, as the justices of any county court within this colony have, or may exercise. clause clause XII. And be it further enacted by the authority afore- Repealing said, That all and every other act and acts, and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. Commence act. XIII. And be it further enacted, by the authority ment of this aforesaid, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our Lord one thousand seven hundred and fifty one. Il gaming debts void CHAP. XXXI. An Act for preventing excessive and deceitful Gaming. I. BE it enacted by the Lieutenant Governor, Coun cil, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all promises, agreements, notes, bills, bonds, judgments, mortgages, or other securities, or convey ances whatsoever, made, given, granted, drawn, or entered into, or executed by any person or persons whatsoever, before or after passing this act, where the whole, or any part of the consideration of such promise, agreement, conveyances, or securities, shall be for money, or other valuable thing whatsoever, won, laid, or betted, at cards, dice, tables, tennis, bowls, or any other game, or games whatsoever, or at any horse race, cock-fighting, or any other sport or pastime, or on any wager whatsoever, or for the reimbursing or repaying any money, knowingly lent or advanced for such uses, to any person or persons whatsoever, or lent or advanced at the time and place of such play, horse-racing, cock-fighting, or other sport or pastime, to any person or persons so gaming, betting, or wagering, or that shall at such time and place, so play, bett, or wager, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever, any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. Real estate, II. And that where such mortgages, securities, or incumbered other conveyances shall be of lands, tenements, or by gaming, hereditaments, or shall be such as incumber or affect the same, such mortgages, securities, or other conveyances shall enure and be, to and for the sole use and shall devolve to the next heir. benefit of, and shall devolve upon, such person and persons as should or might be entitled to such lands, tenements, or hereditaments, in case the said grantor or grantors thereof, or the person or persons so incumbering the same, had been naturally dead, and as if such mortgages, securities, or other conveyances, had been made to the person or persons so to be entitled after the decease of the person or persons so incumbering the same: And all grants or conveyances made, or to be made, for the preventing of such lands, tenements, or hereditaments from coming to, or devolving upon such person or persons, hereby intended to enjoy the same as aforesaid, shall be deemed fraudulent and void, and of none effect, to all intents and purposes whatsoever. III. And be it further enacted, by the authority afore- The loser of said, That if any person or persons whatsoever, at forty shil. lings or any time hereafter, within the space of twenty-four more, may hours, by playing at any game, or games whatsoever, recover all or by betting on the sides, or hands of such as do money paid. play at any game or games, shall lose to any one or more person or persons, so playing or betting, the sum of forty shillings, or more, in the whole, and shall pay, or deliver the same, or any part thereof, the person or persons so losing and paying, or delivering the same, shall be at liberty, within three months then next following, to sue for, and recover the money or goods so lost, and paid or delivered, or any part thereof, from the respective winner and winners thereof, with costs of suit, by action of debt, founded on this act, to be prosecuted in any court of record within this colony, where the sum, or value thereof shall be cognizable; in which action it shall be sufficient for the plaintiff to alledge, that the defendant is indebted to the plaintiff, or received to the plaintiff's use, the money 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 act, without setting forth the special matter: And in case the party losing such money, or if the loser other thing as aforesaid, shall not within the time does not sue aforesaid, really and bona fide, without covin or collu- in three months, ang sion, sue and with effect, prosecute for the money, or other person other thing, so lost and paid, or delivered, it shall and may be lawful to and for any other person or persons, by any such action or suit as aforesaid, to sue may. cover the money paid, and treble the value. And shall re- for, and recover the same, and treble the value thereof, with costs of suit, against the winner or winners as aforesaid, the one moiety thereof to the use of the person or persons suing for the same, and the other moiety to the use of the parish where such offence shall be committed: And every person who, by virtue of this present act, shall or may be liable to be sued for monies or other things so won as aforesaid, shall be obliged and compellable to answer, upon oath, such bill or bills as shall be preferred against him or them, for discovering the money or other things so won at play as aforesaid. IV. Provided always, That upon discovery and repayment of the money, or other thing, so to be discovered and repaid as aforesaid, the person and per sons discovering and repaying the same, shall be acquitted, indemnified, and discharged from any further or other forfeiture, punishment, or penalty, which he or they may have incurred by the playing for, and winning such money or other thing so discovered and repaid. V. And to prevent gaming at ordinaries, and other public places, which must be often attended with quarrels, disputes, and controversies, the impoverishment of many people and their families, and the ruin of the health, and corruption of the manners of youth, who upon such occasions frequently fall in company with lewd, idle, and dissolute persons, who have no other way of maintaining themselves but by gaming, Be it further enacted, by the authority aforesaid, That if any person or persons shall at any time play in an ordinary, race field, or any other public place, at any game, or games whatsoever, except billiards, bowls, backgammon, chess, or draughts, or shall bett on the side or hands of such as do game, every such person, upon conviction thereof, before any justice of peace within this colony, by the oath of one or more credible witness or witnesses, which oath the said justice is hereby impowered to administer, or by the view of such justice, or the confession of the party accused, shall forfeit and pay five pounds current money, to be levied by distress and sale of the offender's goods, by warrant under the hand of the justice before whom such conviction shall be, and for the use of the poor of the parish wherein such offence shall be committed: And moreover, every person so convicted, shall be |