S. Warrant to search for venison or engines; on the 16 G. 3. c. 30. Westmorland. To the constable of WHEREAS A. I. in the said county, yeoman, hath this day made oath before me J. P. esquire, one of his majesty's justices of the peace in and for the said county that there is reason to suspect that A. O. of in the said county, tailor, hath in his custody or possession or in his dwelling-house, out-house, yard, garden, or other place at aforesaid, a deer, which hath been unlawfully killed, or the head, skin, or other part thereof, as also divers slips, nooses, toils, snares, and other engines or some of them for the unlawful taking of deer: These are therefore to require you, that you do forthwith search him the said A. O. and his said dwelling-house, out-house, garden, or place, at aforesaid; and if on such search you shall find any deer suspected to have been unlawfully killed, or the head, skin, or other part thereof, or any slip, noose, toil, snare, or other engine suspected to be used for the unlawful taking or killing of deer, that you bring the same and also him the said A. O. before me or some other of his majesty's justices of the peace for the said county, to be examined concerning the premises, and further dealt with according to law. Herein fail not. Given under my hand and seal the day of in the year N. B. Deer stealing in an inclosed ground, &c. is made felony, and punishable by transportation for seven years, by stat. 42 G. 3. c. 107. § 1. ante, p. 537. T. Information against a deer-stealer in an uninclosed part of a forest, &c. on 42 G. 3. c. 107. § 2. ante. p. 538. From Chitty's G. L. App. 99. Monmouthshire. BE it remembered, } in the said county of that on the that on the in the year of our Lord · day of at gentleman, · day of in his proper person, cometh before me, J. P. esquire, one of his majesty's justices of the peace in and for the said county of and upon his corporal oath, maketh complaint and information unto me, the said justice, that on the in a certain "ancient uninclosed part of a forest (or "chase," "purlieu," or walk,") of the right honourable C. earl of D. in the parish of. in the said county, one O. O. late of — , in the county aforesaid, labourer,did wilfully and unlawfully course and hunt, and attempt to kill one fallow deer, (or, as the case is, according to the words of the statute) of the said C. earl of D. there then being, without the consent of the said C. earl of D. the owner of the said deer, and without being otherwise duly authorized so to do, contrary to the form of the statute in that case made and provided, whereby he, the said O. O hath forfeited the sum of 501., and thereupon he, the said J.T. prayeth the judgment of me the said justice in the premises, and that he may have one moiety of the said forfeiture according to the form of the statute in that case made and provided; and that the said O.O. may be apprehended and brought before me, the justice aforesaid, to make answer unto the premises aforesaid. Taken the day and year first above mentioned, before me, J. P. U. Warrant thereupon. To the constable of Monmouthshire. } in the county of WHEREAS J.T. of- in the said county of gentleman, hath, upon his corporal oath, this day made complaint and information before me, J. P. esquire, one of his majesty's justices of the peace in and for the said county of that on the · 66 day of- in a certain uninclosed part of a forest (or “ chase,” "purlieu," or "ancient walk”) of the right honourable C. earl of D. in the parish of in the said county, one O. O. late of in the county aforesaid, labourer, did wilfully and unlawfully course and hunt, and attempt to kill one fallow deer of the said C. earl of D. there then being, without the consent of him the said C. earl of D. then owner of the said deer, and without being otherwise duly authorized so to do, contrary to the form of the statute in that case made and provided: These are therefore to command you to apprehend the said Ö. O. and to bring him before me, the said justice at in the said county, on day of this present month of to make answer unto the premises aforesaid, and be further dealt with according to law. the . Given under my hand and seal, the the year of our Lord day of in J. P. (L. S.) V. Information on 57 Geo. 3. c. 90. § 3. for entering a close in the night, having an engine for the purpose of killing game. [Vide Chitty's G. L. App. p. 186.] County of Essex, to wit. THE information and complaint of A. I. of&c. labourer, taken and made upon oath before me J. O. clerk, one of his majesty's justices acting in and for the said county of Essex, on the day of in the year of our Lord 1820. Who, on his oath saith, that on the 12th day of October in the year of his majesty's reign, in the night time, that is to say, between the hours of six in the evening and seven in the morning, to wit, about the hour of eleven in the night of the said 12th day of October he the said A. I. found A. O. late of the parish of county of labourer, in a certain close, in the occupation of A. T. and situate and being in the said parish of in the he the said A. O. having entered into the said close for the purpose and with the intent to destroy, take, and kill game, and the said A. O. then and there being armed with a gun (bludgeon, or as the case may be) contrary to the form of the statute in such case made and provided: and thereupon the said A. I. prayeth me the said justice to issue my warrant to apprehend the said offender, in order that he be dealt with according to law for his said offence. A. I. may Taken and sworn the day and year first above written, before me J. O. Essex, W. Warrant to apprehend on the foregoing information. County of FORASMUCH as A. I. of, &c. labourer, hath this day made information and complaint, upon oath, before to wit. me J. O. clerk, one of his majesty's justices of the peace acting in and for the said county of Essex, that on the 12th day of October in the year of his majesty's reign, in the night time, that is to say, between the hours of six in the evening and seven in the morning, to wit, about the hour of eleven in the night of the said 12th day of October in the year aforesaid, A. O. late of the parish of - in the said county, &c. labourer, unlawfully did enter into and was found in a certain close, in the occupation of A. T. and situate and being in the said parish of - in the county of aforesaid, for the purpose and with the intent to destroy, take, and kill game, and the said A. O. then and there being armed with a gun (bludgeon, or, as the case may be) against the form of the statute in that case made and provided. These are therefore to command you to apprehend and to bring the said A. O. before me or some other of his majesty's justices of the peace acting for the said county of Essex, to answer the premises, and to be further dealt with according to law. Given under my hand and seal this year of our Lord 1820. day of in the J. O. (L. s.) X. Commitment on stat. 57 G. 3. c. 90. County of Essex J. O. clerk, one of the justices of our lord the to wit. Sking, acting in and for the said county of Essex. To the constable of the parish of in the said county of Essex, and to the keeper of the common gaol at Chelmsford in the said county. THESE are to charge and command you the said constable of and in his majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said gaol, the body of A. O., this day brought before me the said justice, and charged upon the oath of A.I., with having, after the passing of a certain statute made and passed in the fifty-seventh year of the reign of between the first day of October -; and the first day of February in the year of the reign of our said lord the now king, to wit, on the twelfth day of October, in the aforesaid, in the night-time; that is to say, between the hours of six in the evening, and seven in the morning, to wit, about the hour of eleven in the night of the said twelfth day of October in the -- year year aforesaid, unlawfully entered into a certain close in the occupation of A. T. situate and being in the parish of in the county of Essex aforesaid, with intent illegally to destroy, take, and kill game, he the said A. O. then and there being armed with a gun [bludgeon, &c. as the case may be,] contrary to the form of the statute in that case made and provided. And whereas the said A. O. hath been duly required by me the said justice to find bail for his personal appearance at the next general quarter sessions of the peace [or next general commission of gaol delivery] to be holden for the day of J. O. (L. s.) Gaming not an offence at common law. Gaming-houses nuisances. Gaming-houses prohibited by the 33 H. 8. Gaming. Sect. I. Of gaming in general, and the statutable provisions respecting it. [33 H. 8. c. 9. 31 El. c. 5.-9 An. c. 14.-2 G. 2. c. 28.. 18 G. 2. c. 34.. - 25 G. 2. c. 36. - 58 G. 3. c. 70. Gaming in public-houses. See title Alehouses, Vol. I. p. 52. MR. Dalton says that playing at cards and dice, and the like, are Dalt. But it is clearly agreed, that all common gaming houses are nuisances in the eye of the law, being detrimental to the public, as they promote cheating and other corrupt practices; and incite to idleness, and avaricious ways of gaining property, great numbers whose time might otherwise be employed for the good of the community. 1 Haw. c. 25. § 6. 1 Russ. 433. By the statute of 33 H. 8. c. 9. § 11. no person shall for his gain, lucre, or living, keep any common house, alley, or place of bowling, coyting, cloysh, cayls, half-bowl, tennis, dicing table, carding, or any unlawful game then or thereafter to be invented, on pain of forfeiting 40s. a day. But it was resolved upon this clause, in the third year of J. 1., that if the guests in an inn or tavern call for a pair of dice or tables, if the house be not kept for gaming, lucre, or gain, but they play only for recreation, and for no gain to the owner of the house, this is not within the statute, nor is such person that plays in such house that is not kept for lucre or gain within the penalty of that law. Dalt. c. 46. 33 H. 8. c. 9. And moreover, by the same statute, § 12. it is further enacted, Haunting gam that every person using and haunting any of the said houses and ing-houses. plays, and there playing, shall forfeit 6s. 8d. found there. 14. And all justices of the peace in every shire, mayors, Power of the sheriffs, bailiffs, and other head officers in every city, town, and justices as to the borough, may enter all such houses, places, and alleys, where such keepers of such games shall be suspected to be holden, exercised, used, or occu- houses, and those pied, and as well the keepers of the same, as also the persons there haunting, resorting, and playing, may take, arrest, and imprison, and keep in prison until the keepers and maintainers of the said plays and games have found sureties to the king's use, to be bound by recognizance or otherwise, no longer to use, keep, or occupy any such house, play, game, alley, or place; and also that the persons there so found be in like case bound by themselves, or with sureties, no more to play, haunt, or exercise from thenceforth, in, at, or to any of the said places, or at any of the said games. 15. And the mayors, sheriffs, bailiffs, constables, and other And of officers head officers, within every city, borough, or town, shall make due in cities and search weekly, or at the furthest once a month, in all places where towns. any such houses, alleys, plays, or places shall be suspected to be had, kept and maintained; and if they shall not make such search at the furthest once a month, if the case so require, every such per son offending shall forfeit 40s. for each month. § 16. By the same act, no manner of artificer, or craftsman of Artificers and any handicraft or occupation, husbandman, apprentice, labourer, servants. servant at husbandry, journeyman, or servant of artificer, mariners, fishermen, watermen, or any serving man, shall play at the tables, tennis, dice, cards, bowls, clash, coyting, logating, or any other See R. v. Clarke, unlawful game, out of Christmas, on pain of 20s. for every time; 1 Cowp. 35. and in Christmas to play at the said games in their masters' houses, or in their masters' presence; and also no person shall at any time play at bowl or bowls in open places out of his garden or orchard, on pain of 6s. 8d. for every time of offending. presence. § 22. But any master may license his servant to play at cards, dice, or tables, with himself, or with any other gentleman repairing to his said master openly in his house, or in his § 23. And any nobleman or other person having manors, lands, tenements, or other yearly profits for life, in his own or his wife's right, of 100l. a year, may command or license his servants, or family of his house, to play within the precinct of his house, garden, or orchard, at cards, dice, tables, bowls, or tennis, as well among themselves as others repairing to the same house. 16. And all justices of peace, mayors, bailiffs, sheriffs, and other head officers, and every of them, finding or knowing any person using unlawful games, contrary to this act, may commit every such offender to ward, there to remain without bail or mainprize till he be bound by obligation to the king's use, in such sum as by the discretion of the said justices, mayors, bailiffs, or other head officers, shall be thought reasonable, that they shall not from thenceforth use such unlawful games. Masters may license such. Also certain persons may. Punishing offenders using unlawful games. By the 2 G. 2. c. 28. § 9. where it shall be proved on the oath 2G. 2. c. 28r of two witnesses before any justice of the peace, as well as where he |