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No. XIII. 18 Geo. II.

c. 34.

or 13 Geo. 2.

e. 19.

Persons may be

summoned to

give Evidence,

who, on neg

lect or refusal

to appear, or giving false Evidence, shall

forfeit 501.

or be com

mitted for 6 Months.

No Person in

venting of excessive and deceitful Gaming; or against one other Act made in the thirteenth year of the reign of his present Majesty, intituled 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 excessive and deceitful Gaming; to summon any person or persons other than the party accused to appear before them at a certain day time and place to be inserted in such summons and to give evidence for the discovery of the truth of the matter in the said information contained; and in case of neglect or refusal to appear, or if upon appearance such person or persons shall refuse to give evidence or shall give any false evidence, every such person or persons so offending shall forfeit and lose the sum of fifty pounds; to be levied by distress and sale of the offenders goods and chattels by warrant under the hands and seals of such persons issuing such sums as aforesaid; and in case such person or persons not appearing or neglecting or refusing to give such evidence or giving any false evidence shall not have sufficient goods and chattels whereon to levy the said sum of fifty pounds, every such person or persons shall be by such person or persons having jurisdiction as aforesaid committed to the common gaol for the county city or place where such offence shall be committed, there to remain for the space of six months without bail or mainprize.

V. And be it further enacted by the authority aforesaid, That from capable of being and after the twenty-fourth day of June one thousand seven hundred and a Witness (ex- forty-five, no person or persons other than the parties plaintiff and decept the Par fendant in the cause shall be incapacitated from being a witness touching ties) for having any offence committed against the laws for preventing excessive and deplayed, betted, ceitful gaming by reason of having played betted or staked at any game prohibited by this or any of the said statutes.

&c.

Proviso for

VI. Provided also and it is hereby enacted and declared, That nothing Royal Palaces, in this Act contained shall extend to prevent or hinder any person or persons from playing at any game whatsoever, within any of his Majesty's royal palaces wherein his Majesty his heirs and sucessors shall then actually reside.

No Privilege of VII. And be it further enacted by the authority aforesaid, That no Parliament, &c. privilege of Parliament shall be allowed to any person or persons whatsoever against whom any prosecution or proceedings shall be commenced or had for keeping of any publick or common gaming-house or any house room or place for playing at any game or games prohibited by this or any other Act now in being against excessive or deceitful gaming; any law usage or custom to the contrary in anywise notwithstanding.

Persons losing 101. at one

VIII. And be it enacted by the authority aforesaid, That if any person after the commencement of this Act shall win or lose at play or by bet Time or 201. in ting at any one time the sum or value of ten pounds, or within the space of 24 Hours, may twenty-four hours the sum or value of twenty pounds, such person shall be indicted; be liable to be indicted for such offence within six months after it is committed, either before his Majesty's justices of the King's Bench, assize gaol delivery or grand sessions; and being thereof legally convicted, shall be fined five times the value of the sum so won or lost; which fine (after such charges as the court shall judge reasonable allowed to the prosecutors and evidence out of the same) shall go to the poor of the parish or place where such offence shall be committed.

and fined five times the Value.

Offenders dis

IX. Provided nevertheless, That if any person so offending shall discocovering others ver any other person so offending so that such person be thereupon condischarged. victed, the person so discovering shall be discharged and indemnified from all penalties by reason of any such offence if such person su discovering hath not been before convicted thereof and shall be admitted as an evidence to prove the sanie.

9 Annæ, c. 14.

X. Provided always and it is hereby declared, That nothing in this Act contained shall extend or be construed to extend to repeal or invalidate an Act made in the ninth year of the reign of her late Majesty Queen Anne, intituled An Act for the better preventing excessive and deceitful Gaming.

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No. XIII.

18 Geo. II.

c. 34.

XI. And whereas in an Act passed in the thirteenth year of his 'Majesty's reign, intituled 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 ex'cessive and deceitful gaming; it is (among other things) enacted, That 'from and after the twenty-fourth day of June one thousand seven hun- 13 G. 2. c. 19. dred and forty, no horse mare or gelding being of the age of five years sec. 3. shall be entered started or run for any plate prize sum of money or other thing whatsoever, unless such horse mare or gelding shall carry 'ten stone weight computing fourteen pounds to each stone weight; and that no horse mare or gelding being of the age of six years shall be ' entered started or run for any plate prize sum of money or other thing 'whatsoever unless such horse mare or gelding shall carry eleven stone computing fourteen pounds to each stone weight; and that no horse mare or gelding being of the age of seven years shall be entered started or run for any plate prize sum of money or other thing whatsoever "unless such horse mare or gelding shall carry twelve stone weight computing fourteen pounds to each stone weight; and in case any person or persons shall enter start or run any horse mare or gelding of either of the ages aforesaid for any plate prize sum of money or other thing 'carrying less than the weights herein before directed to be carried, such horse mare or gelding or the value thereof shall be forfeited; and the person or persons so entering starting or running such horse mare or gelding shall forfeit and lose the sum of two hundred pounds: And whereas the thirteen royal plates of one hundred guineas each ' annually run for, as also the high prices that are constantly given for 'horses of strength and size are sufficient to encourage breeders to raise their cattle to the utmost size and strength possible;' Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for any person or persons from and after the twenty-fourth day of June one thousand seven hundred and forty-five, to run any match or to start and run for any plate prize sum of money or other thing of the real and intrinsic value of fifty pounds or upwards at any weights whatsoever and at any place or places whatsoever without incurring or being liable to the penalty or penalties in the said Act of the thirteenth year of his Majesty's reign relating to weights as aforementioned and in the same manner as might have been done if the said Act had never been made; any thing herein contained to the contrary notwithstanding.

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[ No. XIV. ] 27 George III. c. 1.-An Act to render more effectual the Laws now in being for suppressing unlawful Lotteries.

Inserted Part VI. Class XX. No. XV.]

[No. XV. ] 34 George III. c. 40.-An Act for granting to his Majesty a certain Sum of Money, to be raised by a Lottery.

[Inserted Part VI. Class XX. No. XVI.]

[No. XVI. ] 42 George III. c. 119.-An Act to suppress
certain Games and Lotteries not authorized by Law.
[Inserted Part VI. Class XX. No. XVII.]

Repealed.

PART III.

CLASS VIII.

7 Geo. II. c. 8. See 4 Bur. 2069.

All Contracts
made for Li-
berty to put

upon, accept or
refuse any Pub-
lick Stocks or
Securities, and
Wagers, &c.
shall be void,
&c.

Stock Jobbing.

[ No. I. ] 7 George II. c. 8.-An Act to prevent the infamous Practice of Stock Jobbing.

WHEREAS (1.) great inconveniences have arisen and do daily arise by the wicked pernicious and destructive practice of stock jobbing whereby many of his Majesty's good subjects have been and are diverted from pursuing and exercising their lawful trades and vocations to the utter ruin of themselves and families to the great discouragement · of industry and to the manifest detriment of trade and commerce;' For remedy thereof, may it please your most excellent 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 all contracts and agreements whatsoever which shall from and after the first day of June one thousand seven hundred and thirty-four, be made or entered into by or between any person or persons whatsoever upon which any premium or consideration in the nature of a premium shall be given or paid for liberty to put upon or to deliver receive accept or refuse any publick or joint stock or other publick securities (2.) whatsoever or any part share or interest therein, and also all wagers and contracts in the nature of wagers and all contracts in the nature of putts and refusals relating to the then present or future price or value of any such stock or securities as aforesaid shall be null and void to all intents and purposes whatsoever (3.) and all premiums sum or sums of money whatsoever which shall be given received paid or delivered upon all such contracts or agreements or upon any such wagers or contracts in the nature of wagers as aforesaid shall be restored and repaid to the person or persons who shall give pay or deliver the same,

(1.) This statute is a remedial rather than a penal Act. Billing v. Flight, 6 Taunt. 419. S. C. 2 Marsh 124.

(2.) Omnium is a stock within the Act-Brown 1. Turner, 7 T. R. 630.

(3.) The Statute does not extend to a contract on the loan or transfer of stock to replace the same amount on a future day-Saunders v. Kentish, 8 T. R. 162.-A broker contracting in his own name for the sale of stock which he was authorised to sell, and having, upon default of his principal, paid the difference between the price and the value at the time when the transfer was to be made, cannot maintain an action against the principal for money paid to his use, the plaintiff not having been bound as guarantee for the transfer of the stock.- Child v. Manby, 8 T. R. 610. In Faikney v. Renous, 4 Bur. 2069, the plaintiff and defendant having been engaged in partnership in illegal stock transactions, the plaintiff paid 3000/. for compounding the difference, and the defendant gave him a bond for a moiety of the money, which was holden good. And in

Petrie v. Hannay, 3 T. R. 418, one party in a similar transaction having paid the difference with the privity and consent of the other, who accepted a bill for the amount, was allowed to recover. Conformable however as these decisions are to the manifest principles of justice, they have not been allowed to maintain their authority, and cannot by any subtlety of reasoning be reconciled with the subsequent cases of Leshby v. Steers, 6 T. R. 61-Brown v. Turner, 7 T. R. 630, which were decided in a much more summary manner than the magnitude and importance of the question required. But the King's Bench had then lost the powerful aid of a Buller.-The principles of these respective cases still continue the subject of judicial controversy. The majority of opinions will probably be found in favour of the doctrine which has always appeared to me to be as uncalled for by the rules of law as it is confessedly repugnant to the principles of justice.See the subject more fully discussed in the Appendix, No. 1, and see class 3, No. 3, note 1, supra.

who shall be at liberty within six months from and after the making such contract or agreement or laying any such wager to sue for and recover the same from the person or persons to whom the same is or shall be paid or delivered with double costs of suit by action of debt founded on this Act, to be prosecuted in any of his Majesty's courts of record, in which action no essoin protection wager of law or more than one imparlance shall be allowed; and it shall be sufficient therein for the plaintiff to allege that the defendant is indebted to the plaintiff or has received to the plaintiff's use the money or premium so paid or received whereby the plaintiff's action accrued to him according to the form of this statute without setting forth the special matter.

II. And for the better discovery of the monies or premium which shall be given paid or delivered and to be sued for and recovered as aforesaid;

No. I.

7 Geo. II.

c. 8.

It is hereby further enacted by the authority aforesaid, That all and every Persons sued the person or persons who by virtue of this present Act shall or may be on this Act obliable to be sued for the same shall be obliged (4.) and compellable to liged to Ananswer upon oath such bill as shall be preferred against him or them swer on Oath. in any court of equity for discovering any such contract or wager and the sum of money or premium so given paid or delivered as aforesaid (5.)

III. Provided always, That the plaintiffs relators or informers in such

bill shall and do (at the time of bringing or filing such bill) give good and

sufficient security to answer and pay the defendants in such bill full Security for costs of suit in case such costs shall be adjudged to the defendants and Costs. that no person shall be obliged to appear or to answer such bill until such security is given.

IV. And be it further enacted by the authority aforesaid, That all and 5001.Penalty on every person or persons whatsoever who shall enter into make or exe- making or execute any such contract bargain or agreement upon which any premium or cuting any such consideration in the nature of a premium shall be given or paid for liberty Putts or Barto put upon or to deliver receive accept or refuse any publick or joint gains. stock or other publick securities whatsoever, or any part share or interest therein, or any contract or bargain in the nature of putts and refusals as aforesaid, or shall lay any such wager or make any such contract in the Exceptions nature of a wager as aforesaid (except such person or persons who shall actually and bona fide without covin or collusion sue and with effect prosecute for the recovery of the money or premium given delivered or paid by him her or them as aforesaid; and also except such person or persons who shall voluntarily before any action or suit commenced actually and bona fide without covin or collusion repay or tender before one or more witness or witnesses such monies or premium as he she or they shall have had taken received or been paid as aforesaid; and also except such persons who shall discover such transactions in any court of equity) (6.) shall forfeit and pay the sum of five hundred pounds; and also all and every brokers agents scriveners or other persons negotiating transacting or writing any such contract bargain or agreement as aforesaid shall likewise forfeit and pay the sum of five hundred pounds; which said penalties shall and may be recovered by action of debt (7.) bill plaint or information in any of his Majesty's courts of record at Westminster, in which no essoin privilege protection or wager of law or more than one imparlance shall be allowed; one moiety thereof to the use of his Majesty his heirs and successors, and the other moiety thereof to the use of him her or them who shall sue for the same.

(4.) It is no ground for refusing to answer a bill of discovery, filed in pursuance of 7 Geo. II. c. 8. s. 2. that the plaintiff has declared in assumpsit instead of debt. Billing v. Pulley, 2 Marsh 125, n. S. C. 6 Taunt. 422.

(5.) See the next note.

(6.) The protection hereby given to persons making discovery relates only to the penalties imposed in this section upon Acts prohibited by Section 1, and a defendant is not compellable VOL. II.

under Section 2 to answer to matters which may subject him to penalties under Sections 5 and 8. Bullock v. Richardson, 11 Vesey, 373.

(7.) In an action for money lost by stock jobbing, under 7 Geo. II. c. 8. the plaintiff declared in assumpsit instead of debt. The Court of C. P. amended the declaration by changing it from assumpsit to debt. Billing v. Flight.-2 Marsh 124. 6 Taunt. 419.

Y

No. I. 7 Geo. II.

c. 8.

1002. Penalty on giving or receiving Money to compound Differences relating to Stock not actually delivered.

Stock sold, and not paid for at the Time prefixed, may be sold to any other Persons.

Stock bought, and not transferred at the

Time prefixed, the Buyer may purchase other Stock and recover his Damage.

5002. Penalty
on buying or
selling Stock, of
which they are
not actually
possessed at
the Time of
the Contract.

V. And for preventing the evil practice of compounding or making up differences for stocks or other securities bought sold or at any time hereafter to be agreed so to be, Be it further enacted by the authority aforesaid, That no money or other consideration whatsoever (except as hereinafter is provided) shall from and after the said first day of June one thousand seven hundred and thirty-four, be voluntarily given paid had or received for the compounding satisfying or making up any difference for the not delivering transferring having or receiving any publick or joint stock or other public securities, or for the not performing of any contract or agreement so stipulated and agreed to be performed; but that all and every such contract and agreement shall be specifically performed and executed on all sides, and the stock or security thereby agreed to be assigned transferred or delivered shall be actually so done and the money or other consideration thereby agreed to be given and paid for the same shall also be actually and really given and paid; and all and every person and persons whatsoever who shall from and after the said first day of June one thousand seven hundred and thirty-four, voluntarily compound make up pay satisfy take or receive such difference money or other consideration whatsoever for the not delivering transferring assigning having or receiving such stock or other security so to be agreed to be delivered transferred assigned had or received as aforesaid (except in the manner hereinafter provided) shall forfeit and pay the sum of one hundred pounds to be recovered by action of debt bill plaint or information in any of his Majesty's courts of record at Westminster in which no essoin privilege protection or wager of law or more than one imparlance shall be allowed; one moiety thereof to the use of his Majesty his heirs and successors, and the other moiety thereof to the use of him her or them who shall sue for the same.

VI. Provided nevertheless, That no person or persons who shall sell any publick or joint stock or other publick securities to be delivered and paid for on a certain day and which shall be refused or neglected to be paid for according to such agreement shall be obliged to transfer the same; but it shall and may be lawful for such person or persons to sell (8.) such stock or other securities which shall be so refused or neglected to be paid for to any other person or persons for the best price which can be obtained; and after such sale to receive (if the parties can agree) or to recover as aforesaid from the person or persons who first contracted for the same all the damage which shall be sustained thereby.

VII. And provided also, That it shall and may be lawful to and for any person or persons who shall buy any publick or joint stock or other publick securities to be accepted and paid for on a future day and which shall be refused or neglected to be transferred to buy the like quantity of such stock or other publick securities of any other person or persons at the current market price, and to recover and receive after such purchase and acceptance (if the parties can agree) from the person or persons who first contracted to sell or deliver the same the damage which shall be sustained by reason of the not delivering or not transferring such stock or other securities; any thing in this Act or any law usage or custom to the contrary notwithstanding.

VIII. And whereas it is a frequent and mischievous practice for persons to sell and dispose of stocks or other securities of which they are not possessed;' Be it therefore further enacted by the authority aforesaid, That all contracts and agreements whatsoever which shall from and after the said first day of June one thousand seven hundred and thirtyfour, be made or entered into for the buying selling assigning or transferring of any publick or joint stock or stocks or other publick securities whatsoever or of any part share or interest therein whereof the person or persons contracting or agreeing or on whose behalf the contract or agreement shall be made, to sell assign and transfer the same shall not at the

(8.) No action can be maintained upon this section, unless the stock is actually transferred.— A contract of sale at the time when the transfer

books are shut is not sufficient.-Herkscher v. Gregory, 4 East. 607.

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