All lotteries and gaming

tables; public nuisances.

Information

to be in ten days.

Winning at cards &c, by ill practice, or winning above ten

pounds at one

sitting, for

times the winnings;

and, in former case,

mous, and punished as for perjury.

SECTION 2.
Gaming.

6 Anne, c. 17, s. 1. [Recites the inefficacy of 10 Will. 3, c. 11: and the mischievous effects of excessive gaming] for remedy whereof, be it declared and enacted by &c., that all publick lotteries and gaming tables, and all other lotteries and gaming tables that shall be kept in any publick houses in any city, town corporate, or place within this kingdom, (other than the groom-porter's table, to be kept within the walls of her majesty's castle of Dublin, or other house in which the chief governor or governors for the time being shall reside, during the time such chief governor or governors shall actually reside therein, and no longer,) are and shall be deemed, taken, and adjudged to be common and publick nuisances; and that all grants, patents, and licences for such lotteries and gaming tables are void and against law, and shall be so deemed, taken, and adjudged.

3. (pars.) Provided that every information concerning offences mentioned in this act, be within ten days after the offence committed.

11 Anne, c. 5, s. 4. That if any person or persons whatsoever, at any time or times after the said first day of November (1711) do or shall, by any fraud or shift, cousenage, circumvention, deceit, or unlawful device, or ill practice whatsoever, in playing at or with cards, dice, or any the feiture of five games aforesaid (a), 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 as aforesaid, win, obtain, or deemed infa- acquire to him or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever, or shall at any time within the space of twenty-four hours, or any one meeting or sitting, win of any one or more person or persons whatsoever above the sum or value of ten pounds; that then every person or persons so winning by such ill practices as aforesaid, or winning at any one time or sitting as aforesaid above the said sum or value of ten pounds, and being convicted of any of the said offences upon an indictment or information, to be exhibited against him or them for that purpose, shall forfeit five times the value of the sum or sums of money, or other thing so won as aforesaid; and in case of such ill practice aforesaid, shall be deemed infamous, and suffer such corporal punishment as in cases of wilful perjury; and such penalty to be recovered by such person or persons as shall sue for the same by such action as aforesaid.

11 Anne, c. 6, s. 1.-Whereas many evil disposed persons have of late set up many mischievous and unlawful games called lotteries, not only in the city of Dublin but in other parts of this kingdom, and by setting up to sale by way of lottery several goods and other merchandizes at unreasonable and excessive

(a) Viz. "Cards, dice, tables, tennis, bowls, or other game or games whatsoever."-s. 1.

rates, thereby most unjustly and fraudulently got to themselves 11 Ann, c. 5. great sums of money from the children and servants of several gentlemen, traders, and merchants, and from many unwary persons, to the great impoverishment of the merchants and fair traders of this kingdom; for remedy whereof, be it &c., that from All lotteries, nuisances, and after the first day of November (1711,) all lotteries shall be deemed, adjudged, and taken to be public nuisances; and that from and after the said first day of November (1711,) no person or persons whatsoever shall publickly or privately exercise, keep open, shew, or expose to be plaid at, drawn at, or thrown at, or shew, draw, play, or throw at any such lottery, or any other lottery, either by dice, lotts, cards, balls, or any other numbers of figures, or any other way whatsoever.

be liable to a

tion as cheats.

2. That every person or persons, that shall after the said first Lottery day of November (1711,) exercise, expose, open, or shew to keepers shall be plaid, thrown, or drawn at, any such lottery, play, or device, penalty, and or other lottery, shall forfeit for every such offence the sum of to prosecu one hundred pounds, to be recovered by information, bill, plaint, or action at law, in any of her majesty's four courts at Dublin, wherein no essoign, wager of law, or any more than one imparlance shall be allowed; one third part thereof to the use of her majesty, her heirs and successors; one other third part thereof to the use of the poor of the parish where such offence shall be committed; and the other third part thereof, together with double costs, to the party that shall inform and sue for the same; and the said parties so offending shall likewise be prosecuted as common cheats, according to the statutes in that case made and provided.

3. [Persons playing at such lotteries, shall forfeit ten pounds, which shall be recoverable and applicable as in last section.]

secuted under

4. Provided, that no person, who shall be prosecuted by virtue Persons proof this act for any the offences herein mentioned, shall be pro- this act, not secuted for the same by virtue of any other act of parliament to be prosewhatsoever.

cuted under

any other.

nor.

13 Geo. 2, c. 8, s. 10, [and 11 Anne, c. 5, s. 10.]— Pro- Not to hinder vided always, and be it hereby enacted and declared by the gaming in authority aforesaid, that nothing in this act, or in any former Dublin Castle during the reacts against gaming contained, shall extend to prevent or hinder sidence of the any person or persons from gaming or playing at any of the chief govergames, in this or in any of the said former acts mentioned, within the precincts of his majesty's castle of Dublin, or other house in which the chief governor or governors of this kingdom for the time being shall reside, during the time such chief governor or governors shall actually reside therein, and no longer (a).

(a) For the punishment of assaults on account of money won at play, see ante, p. 89,

game or rabbits by

night.

SECTION 3.

Offences relating to Game.

9 Geo. 4, c. 69 (a), s. 1.—Whereas an act was passed in the fifty-seventh year of the reign of his late majesty king George the third, intituled, "an act for prevention of persons going armed by night for the destruction of game; and for repealing an act made in the last session of parliament, relating to rogues and vagabonds;" and whereas the practice of going out by night for the purpose of destroying game has nevertheless very much increased of late years, and has in very many instances led to the commission of murder, and of other grievous offences; and it is expedient to repeal the said recited act, and to make more effectual provisions than now by law exist for repressing such practice: may it please &c., and be it &c., that the said recited act shall be, and the same is hereby reDestroying pealed, except so far as the same repeals any other acts; and if any person shall, after the passing of this act, by night, unlawfully take or destroy any game or rabbits in any land, whether open or enclosed, or shall by night unlawfully enter or be in any land, whether open or enclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game; such offender shall, upon conviction thereof before two First offence. justices of the peace, be committed for the first offence to the common gaol or house of correction for any period not exceeding three calendar months, there to be kept to hard labour, and at the expiration of such period, shall find sureties by recognizance, or in Scotland by bond of caution, himself in ten pounds, and two sureties in five pounds each, or one surety in ten pounds, for his not so offending again for the space of one year next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties are sooner found: and in case such person shall so offend a second time, and shall be thereof convicted before two justices of the peace, he shall be committed to the common gaol or house of correction for any period not exceeding six calendar months, there to be kept to hard labour, and at the expiration of such period, shall find sureties by recognizance or bond as aforesaid, himself in twenty pounds, and two sureties in ten pounds each, or one surety in twenty pounds, for his not so offending again for the space of two years next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard

Second offence.

(a) Entitled, "An act for the more effectual prevention of persons going armed by night for the destruction of game."

labour for the space of one year, unless such sureties are sooner 9 Geo. 4. c. 69. found and in case such person shall so offend a third time, he shall be guilty of a misdemeanor, and being convicted thereof, Third offence; misshall be liable at the discretion of the court, to be transported demeanor. beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and in Scotland, if any person shall so offend a first, second, or third time, he shall be liable to be punished in like manner as is hereby provided in each

case.

rest offenders

2. That where any person shall be found upon any land, Landowners, committing any such offence as is hereinbefore mentioned, it &c. may arshall be lawful for the owner or occupier of such land, or for any person having a right or reputed right of free warren or free chase thereon, or for the lord of the manor or reputed manor wherein such land may be situate, and also for any gamekeeper or servant of any of the persons herein mentioned, or any person assisting such game-keeper or servant, to seize and apprehend such offender upon such land, or, in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him as soon as may be, into the custody of a peace officer, in order to his being conveyed before two justices of the peace; and in case such offender shall Assaults by assault or offer any violence with any gun, cross-bow, fire-arms, such offenders; misdebludgeon, stick, club, or any other offensive weapon whatso- meanor. ever, towards any person hereby authorized to seize and apprehend him, he shall, whether it be his first, second, or any other offence, be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and in Scotland, whenever any person shall so offend, he shall be liable to be punished

in like manner.

4. That the prosecution for every offence punishable upon Limitation of summary conviction by virtue of this act, shall be commenced prosecution.. within six calendar months after the commission of the offence; and the prosecution for every offence punishable upon indictment, or otherwise than upon summary conviction, by virtue of this act, shall be commenced within twelve calendar months after the commission of such offence.

tered at

shall be evi.

8. That on every conviction under this act for a first or Convictions second offence, the convicting justices shall return the same to to be registhe next quarter sessions for the county, riding, division, city, quarter ses. or place wherein such offence shall have been committed; and sions; and the record of such conviction, or any copy thereof, shall be dence on trial evidence in any prosecution to be instituted against the party for subse thereby convicted, for a second or third offence; and the clerk quent ofof the peace shall, immediately on such return, make or cause to be made a memorandum of such conviction, in a register to be kept by him of the names and places of abode of the persons

*

fences.

25 H. 6, c. 7. so convicted, and shall state whether such conviction be the first or second conviction of the offending party.

Three or more armed persons entering land

by night to take game;

9. That if any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or enclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any misdeineanor. gun, cross-bow, fire-arms, bludgeon, or any other offensive weapon; each and every of such persons shall be guilty of a misdemeanor, and being convicted thereof before the justices of gaol delivery, or of the court of great sessions of the county or place in which the offence shall be committed, shall be liable, at the discretion of the court, to be transported beyond seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years; and in Scotland, any person so offending shall be liable to be punished in like manner.

What shall be considered night.

What shall be deemed

'game.'

12. Provided always, and be it enacted, that for the purposes of this act, the night shall be considered and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise.

13. That for the purposes of this act, the word “game” shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game and bustards.

The sons of

and labourers

in their father's

SECTION 4.

Vagrancy.

25 Hen. 6, c. 7. [Recites that the sons of husbandmen and husbandmen laborers had become "kearnes, evil doers, wasters, idlemen, and shall continue destructioners of the king our sovereign lord's liege people.”] That the said persons from henceforward to comfort the said occupation. liege people in their husbandry, and in all other works lawful and profitable, shall be labourers and travailers upon the ground, as they were in old time, and in all other works and labours lawful and honest, according to their state; and if it fortune that any such son of husbandman, or of labourer, in time to come, do the contrary of this that is ordained and established by this present parliament, and thereof be lawfully convicted before any judge of the king, or judge of franchise, that he shall have the imprisonment of one year, and over that, he shall make fine to the king, or to the lord of the franchise, according to the discretion of the judge before whom he is convicted (a).

(a) This act has long since fallen into perfect desuetude; and may now be considered as virtually, though not expressly, repealed.