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against unlawful lotteries) forfeit 200 l., one third to the king, one 9 G. 1. c. 19. third to the informer, and one third to the poor, to be levied by distress and sale, by warrant of such justices; and shall also by them be committed to the county gaol for one year, and from thence till the said sum of 2001. be fully paid: Provided, that persons aggrieved may appeal to the next quarter sessions; whose judgment shall be final.

6 G. 2. c. 35.

Selling or procuring chances in foreign lotteries.

And by the 6 G. 2. c. 35. § 29. 30. if any person shall sell, procure, or deliver any ticket, receipt, chance, or number, or division in any foreign or pretended foreign lottery, or in any class, part, or division thereof, or in any undertaking in the nature of a lottery, or shall sell, procure, or deliver any ticket, receipt, chance, or number in any duplicate or pretended duplicate of any foreign or pretended foreign lottery; or shall receive or cause to be received any money for any such ticket, receipt, chance or number, or in consideration of any money to be paid in case any ticket or number in any foreign or pretended foreign lottery, or any class, part, or division thereof, shall prove fortunate; and shall be convicted thereof in the courts at Westminster, or on the oath or affirmation of one witness before two justices where the offence shall be committed, or the offender shall be found; he shall forfeit 2001., one third to the king, one third to the informer, and one-third to the poor where the offence shall be committed; the same (in case of conviction before two justices) to be levied by distress and sale by warrant of such justices; and shall also be committed to the county gaol for one year, and from thence till the 200 l. be paid; provided, that Appeal. persons aggrieved may appeal to the next quarter sessions; and the judgment there to be final.

A. Form of notice by two inhabitants to the constable, and to the overseers of the poor, to ground a prosecution on the 25 G. 2. c. 36. and 58 G. 3. c. 70. § 7.

To A. C. constable of the parish of

in the county of

and also to A. O. and B. 0. overseers of the the said parish.

WE

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E A. B. and C. D. two of the inhabitants of the said parish of -, paying scot and bearing lot therein, do hereby give you and each of you notice, that A. I. of the said parish of innkeeper, doth keep a bawdy-house, [or gaming-house, or other disorderly house, as the case may be,] to wit, at his dwelling-house, in the said parish, called and known by the name of the - inn; and we do hereby also require you, the said constable and overseers of the poor, forthwith to go with us before some one of his majesty's justices of the peace in and for the said county of

to the intent that such

proceedings may be had for the prosecution of the said A. I. for the said offence, as in and by the statute made and passed in the twenty-fifth. year of the reign of the late king George the second, intituled An Act for the better preventing of thefts and robberies. and for regu

6

lating places of public entertainments, and punishing persons keeping disorderly houses,' are directed and required.

Witness our hauds, this

day of

&c.

A. B.

C. D.

B. Affidavit of the truth of such notice before a justice of

the peace.

Staffordshire, they severally believe the contents of the notice here

A. B. and C. D. severally make oath and say, that

to wit. unto annexed [a copy of which they have caused to be served on A. C. constable of the parish of·

B. O. overseers of the poor of the said parish of county,] to be true in substance and matter of fact.

Sworn by A. B. and C. D. this

-and also upon

A. O. and

in the said

A. B.

C.D.

day of

in the year of our Lord 1819, before me, J. P. esq. one of his majesty's justices of the peace in and for the county of Stafford. J. P.

C. Form of recognizance to give material evidence. Staffordshire, BE it remembered that A. B. of the parish of

to wit.

grocer, on the

at

in the said county, mercer, and C. D. of the same, day of, in the year of our Lord

and also to

aforesaid, in the county aforesaid, came before me, J. P. esq. one of his majesty's justices of the peace in and for the said county, and severally acknowledged themselves to be indebted to our sovereign lord the king in the sum of twenty pounds each. Whereas the above bounden A. B. and C. D. have given notice is writing to A. C. constable of the said parish of· A. O. and B. O. overseers of the poor of the said parish of that one A. I. of· — aforesaid, innkeeper, doth keep a bawdyhouse, [gaming-house, or other disorderly house]: Now the condition of the above obligation is such, that if the above bounden A. B. and C. D. shall give or produce material evidence against the said A. I. for the said offence, at the next general quarter session of the peace to be held in and for the said county, then this recognizance to be void, otherwise of force.

Acknowledged before me,
J. P.

D. Constable's or overseers' recognizance to prosecute. day of

Staffordshire, BE it remembered, that on the

to wit.

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in the year of our Lord 1820, at

in the said county, A. C. one of the constables of the parish of- aforesaid, [or A. O. and B. O. overseers of the poor of the said parish of- as the case may be], personally came before me J.P. esq. one of his majesty's justices of the peace in and for the said county, and acknowledged himself [or themselves] to be indebted to our sovereign lord the king in the penal sum of – pounds.

Whereas A. B. and C. D. two of the inhabitants of the said parish of have given notice in writing to the above bounden A. C. constable of the said parish of· [or A. O. and B. O. overseers of the poor of the parish of- as the case may be] that A. I. of aforesaid, in the county aforesaid, innkeeper, doth keep a bawdy-house, [gaming-house or other disorderly house,] to wit, in the said parish of - and county of- and having severally made affidavit of their belief in the truth of the contents of the said notice, have also severally entered into a recognizance in the penal sum of pounds each before me, the undersigned justice, on condition that they shall give or produce material evidence against the said A. I. for the said offence. Now the condition of this present recognizance is such, that if the above bounden A. C. or A. O. and B. O. do and shall prosecute with effect the said A. I. for the said offence, then this recognizance to be void, otherwise of force. Acknowledged before me,

J. P.

To the constables of the parish of

to wit.

E Warrant to apprehend the keeper of a disorderly house in the said county. Staffordshire,WHEREAS A. B. and C.D. two of the inhabitants of the parish of· —in the county of Stafford, paying scot and bearing lot within the said parish, have given notice in writing to A. C. constable of the said parish, and also to A. O. and B. O. overseers of the poor of the said parish, that A. I. of the said parish, inn-keeper, doth keep a bawdy-house, [gaminghouse, or other disorderly house,] in the said parish of; and have also this day severally made affidavit before me, one of his majesty's justices of the peace in and for the said county, that they believe the contents of the said notice to be true; and have also severally entered into a recognizance in the penal sum of twenty pounds each, on condition to give or produce material evidence against the said A. I.: These are therefore to command you forthwith to bring the said A. I. before me at this place, to be bound over to appear at the next general quarter sessions of the peace to be held in and for the said county, there to answer to such bill of indictment as shall be found against him for such offence. Given under my hand and seal, &c.

F. Allowance of constable's expences in the prosecution by two justices, and order on overseers to pay them.

to wit.

Staffordshire, WHEREAS A. C. constable of the parish of in the said county, hath this day made oath before us, J. P. and M. N. esquires, two of his majesty's justices of the peace in and for the said county, that he hath truly and bond fide expended the sum of in the prosecution of one A. I. for keeping a bawdy-house, [gaming house, or other disorderly house] at aforesaid, in pursuance of the condition of the said A. C's. recognizance. Now we,, the said justices, do

hereby ascertain and allow the said A. C. the said sum of · as and for the reasonable expences of the said prosecu tion, and we do hereby require the overseers of the poor of the said parish of -forthwith to pay the said A. C. the said

sum of

In witness whereof we have hereunto set our hands at aforesaid, in the county aforesaid, this the year of our Lord

day of

in

J. P.

M. N.

Gaols.

For breaking gaol. See Prison breaking.

Sect. I. Building and repairing gaols.

[11 & 12 W. 3. c. 19. — 12 G. 2. c. 29. — 24 G. 3. sess. 2. c. 54. c. 56.]

II. Who shall have the keeping of gaols.

[14 Ed. 3. st. 1. c. 10. 19 H. 7. c. 10.-3 G. 1. c. 15.]

III. Gaoler shall receive criminals.

[5 H. 4 c. 10. -4 Ed. 3. c. 10.

IV. Selling strong liquors in gaols.

-

6 G. 1. c. 19.]

[24 G. 2. c. 40.24 G. 3. sess. 2. c. 54.]

V. How prisoners may be set on work.

[19 C. 2. c. 4. 12 G. 2. c. 29. - - 31 G. 3. c. 46.]

VI. How they shall be maintained.

[14 El. c. 5.-12 C. 2. c. 29. — 31 G. 3. c. 46.

c. 21.]

53 G.3.

VII. Regulations to be observed in gaols, and in the keeping and restraining of prisoners. [19 C. 2. c. 4.

32 G. 2. c. 28.

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-22 & 23 C. 2. c. 20.31 C. 2. c. 2. 14 G. 3. c. 59.-24 G. 3. sess. 2. c. 54. 24 G. 3. sess. 2. c. 56. 31 G. 3.

c. 46.

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- 55 G. 3. c. 48.

[3 H. 7. c. 3.. - 14 G. 3. c. 20.32 G. 3. c. 45.55 G. 3. c. 50. — 56 G. 3. e. 116.]

XI. Of gaolers permitting escapes.

XII. Concerning debtors, as to arrest, and treatment there

upon.

[32 G. 2. c. 28.]

XIII. Concerning houses of correction.

[7 J. 1. c. 4.

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17 G. 2. c. 5.-22 G. 3. c. 64. -24 G. 3. sess. 2.

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XIV. Concerning the prisons of the King's Bench and
Marshalsea.

[53 G. 3. c. 113.]

I. Building and repairing gaols.

BY 11 & 12 W. 3. c. 19. § 1. 2. the justices, or the greater 11 & 12 W. 3. number of them, within the limits of their commission, upon c. 19. presentment of the grand jury at the assizes (or sessions, 12 G. 2. c. 29. § 13.) of the insufficiency or inconveniency of the county gaol, may contract with any person for the building, finishing, or repairing of the same. The expence thereof to be paid by the treasurer out of the general county rate."

But by 11 & 12 W.3. c. 19. § 4, 5. this shall not extend to gaols held by inheritance; nor to charge any persons in any town or liberty which have common gaols for felons, and commissioners of assize or gaol delivery for any assessment to the making of the common gaol for the shire.

12 G. 2. c. 29.

11 & 12 W.

C. 19.

3.

24 G. 3. sess. 2.

c. 54.
May be rebuilt

or enlarged by
order of sessions,

or repaired, upon presentment.

By the 24 G. 3. sess. 2. c. 54. § 1. the justices at their general quarter sessions, or the major part of them, such major part not being less than seven, upon presentment made by the grand jury at the assizes, great sessions, or general gaol delivery, of the insufficiency, inconveniency, or want of repair of the gaol, may contract for the building, rebuilding, repairing, or enlarging the same, and the yards, courts, and outlets thereof, and adding such other buildings, and making such conveniences, as shall be adjudged by them requisite, at a certain sum, payment, or allowance for the same; or for erecting any new gaol upon any scite or ground Erecting a new within any distance not exceeding two miles from the scite of the gaol on a new old gaol, and in that case for the selling the old gaol, and the scite scite. thereof, and land thereunto belonging, or any part thereof, and also the materials of the old gaol; the contractor giving security to the clerk of the peace for performance of the contract.

Notice of pre

sentment to be given at the next sessions ;

§ 2. The said justices after such presentment made, shall at the next sessions give notice three times at least in some public paper circulating in or near such county, &c. or precinct, of such presentment having been made, and of their intention to take the same into consideration at the next ensuing or some following sessions; and after such consideration, they shall give notice in such paper of their intention of contracting as aforesaid; and of and of contractevery matter or thing intended to be done in consequence of such ing. presentment; and such contracts shall be at the most reasonable rate, and with the most responsible persons, and the contractor shall give security for due performance of his contract and all

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