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XIII., and be it further enacted, by the authority
*** * aforesaid, That this act shall commence and be in
orce 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.
I. BE it enacted by the Lieutenant Governor, Council, 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 conveyances 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 befor 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 mone effect, to all intents and purposes whatsoever, any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. * -
II. And that where such mortgages, securities, or other conveyances shall be of lands, tenements, or liereditaments, 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 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 shik any time hereafter, within the space of twenty-four o, hours, by playing at any game, or games whatsoever, recover on 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 It 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 sion, sue and with effect, prosecute for the money, or : other thing, so lost and paid, or delivered, it shall . person and may be lawful to and for any other person or perFons, by any such action or suit as aforesaid, to sue
And shall re-for, and recover the same, and treble the value therecover the , of, with costs of suit, against the winner or winners *...* as aforesaid, the one moiety thereof to the use of the the value 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 a - play as aforesaid. But repay- IV. Provided always, That upon discovery and re. ment dis’ payment of the money, or other thing, so to be discharges the covered and repaid as aforesaid, the person and perP*Y. 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. W. 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 2 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 o * person or persons shall at any time play in an ordii., at nary, race field, or any other public place, at any public pla. game, or games whatsoever, except billiards, bowls, ces. 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 committed to the county gaol, there to remain until he, she, or they, give sufficient security, for his, her, or their, good behaviour for twelve months, next after such conviction. VI. And be it further enacted, by the authority afore- on ordinary said, That if any ordinary keeper shall suffer or per- keeper, who mit any person or persons whatsoever, to play at any permits ga. unlawful game, or games whatsoever, in his house,"* shed, booth, arbour, or stall, either by night or day, every such ordinary keeper, being thereof convicted before any justice of peace, by the oath of one or more credible witness or witnesses, confession, or view of" a justice as aforesaid, shall forfeit and pay five pounds current money, to be levied and applied in like manner as the other last mentioned fine of five pounds, is by this act directed to be levied and applied: And if on justices any justice or justices of peace shall be present at any o: unlawful gaming, at any time or place, except in pri- act in exe. ovate houses, and shall neglect to issue his warrant for cution. levying the fine, on every person so gaming, or betting, every such justice shall forfeit and pay five pounds, one half to the informer, and the other half to the churchwardens, to the use of the poor of the parish, recoverable with costs, by action of debt, or information, in any county court. VII. Provided always, That any person aggrieved Liberty of by the judgment of any justice of peace, upon any con-appeal to the viction for any of the offences in this act, cognizable . . before him, may appeal to the next court to be held for the county where such person shall be convicted, but shall give reasonable notice of such appeal, to the party prosecuting him or her, and shall also enter into recognizance, with two sufficient sureties, before some justice of the county wherein the judgment was given, on condition, to try such appeal at the next court held for the same county after entering such appeal; which shall be by the said court then heard and finally determined: Provided also, That no such judgment shall be set aside for want of form, wherein it shall appear to the court, that the facts were sufficiently proved at the trial; nor shall any such judgment be removed, or removable, by appeal, or any writ or process whatsoever, into the general court. VIII. And be it further enacted, by the authority punishment oresaid, That if any person or persons whatsoever, of cheats. e or shall, at any time or times, by any fraud, shift,
Gamesters may be bound to good behaviour, or committed.
Penalty on gaming quarrels.
bozenage, circumvention, deceit, unlawful device, or evil practice whatsoever, in playing at or with cards, dice, or any other game or games, or in, or by bearing a share, or part in the stakes, wagers, or adventures, or in, or by betting on the sides, or hands of such as do, or shall play, win, obtain, or acquire to him, or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever, every person so winning by such ill practice, and being thereof convicted, upon indictment, or information, shall forfeit five times the value of the money, or other thing so won, and shall be deemed infamous, and suffer such corporal punishment as in cases of wilful perjury: And such penalty shall be recoverable, with costs, by any person or persons suing for the same, by action of debt, in any court of record of this dominion, having cognizance thereof. IX. And whereas divers lewd and dissolute persons live at great expences, having no visible estate, profession, or calling, to support them, but by gaming only, Be it therefore further enacted, by the authority aforesaid, That it shall be lawful for any two justices of peace, in any county or corporation, to cause to come, or be brought before them, every person, within their respective limits, whom they shall have just cause to suspect to have no visible estate, profession, or calling, to maintain himself by, but for the most part supporting himself by gaming; and is such person shall not make it appear to such justices, that the #o part of his expences is not maintained by gaming, they shall require of him sufficient securities for his good behaviour sor the space of twelve months, and on refusal thereof, shall commit him to the common gaol, there to remain until he shall find such securities: And if such person shall give such securities, and afterwards within that time, shall play, or bett, for any money, or other valuable thing whatsoever, such playing, or betting, shall be a breach of the behaviour, and a forsciture of the recognizance given for the same. - X. And to prevent quarrels happening by gaming, It is hereby further enacted, That if any person shall assault, and beat, or shall challenge, or provoke to fight, any other person or person whatsoever, upon account of any money, or other thing won by gaming, or betting, the person and persons so assaulting,