No summary conviction in pursuance of this act, or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that it is founded on a conviction, and there be a good and valid conviction to sustain the same. Id. s. 45.

Actions against justices, &c.] All actions to be commenced against any person for anything done in pursuance of this act, shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this act and the special matter in evidence; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant. Id. s. 47.

GAMING.

Gaming.] If any person shall win or loose at play, or by betting, at any one time the sum or value of 101., or within 24 hours the sum or value of 201.: the offender, upon conviction before the court of Queen's Bench, justices of assize or gaol delivery, shall be fined five times the value of the money or other thing won or lost; which fine, after deducting such charges as the court shall deem reasonable to be allowed to the prosecutor and for evidence, shall go to the poor of the parish or place where the offence was committed. 18 G. 2, c. 34, s. 8. Commitment:-onby playing at and with [cards], to wit, at a certain game of [cards] called with one C. D., unlawfully did win of the said C. D., at one time and sitting, above the sum and value of 10l., that is to say, the sum of pounds, of the monies of the said C. D.; against the form of the statute in such case made and provided. And you the said keeper, &c.

at

Fraudulent Gaming.] If any person shall, by any fraud, shift,

cozenage, circumvention, deceit, or unlawful device or ill-practice whatsoever, in playing at cards, dice, tennis, bowles, or other game, or bearing a share in the stakes, or betting on the sides of such as do play, win any sum of money or valuable thing; and shall be convicted thereof upon indictment or information: he shall forfeit five times the value of the sum or thing won, [which fine shall be set by the court before whom he shall be convicted, 18 G. 2, c. 34, s. 8,] and he shall be deemed infamous, and shall suffer such corporal punishment as in the case of wilful purjury. 8 Ann, c. 14, s. 5.

Commitment::-on at, by fraud, shift, cozenage, circumvention, deceit, and unlawful device and ill-practice, in playing at a certain game of cards called · with one C.D., unlawfully did win from the said C.D., a large sum of money, to wit, the sum of of the monies of the said C. D.; against the form of the statute in such case made and provided. And you the said keeper, &c.

Gaming in the streets, &c.] Every person playing or betting, at any game or pretended game of chance, at or with any table or instrument of gaming, in the street or highway, &c., shall be deemed a rogue and vagabond. 5 G. 4, c. 83, s. 4. See tit. "Vagrant."

GAMING HOUSE.

A common gaming-house is a public nuisance; and the party keeping it is punishable, as for a misdemeanor at common law, with fine, or imprisonment [with hard labour, 3 G. 4, c. 114], or both. 1 Hawk. c. 25, s. 6. R. v. Rogier, 1 B. & C. 272. The constable or overseers of the poor of the parish in which the house is situate, may be compelled to prosecute, in the manner mentioned ante, p. 318, 319, with respect to disorderly houses.

Commitment:-on at, unlawfully did keep and maintain a certain common gaming-house; and in the said common gaming-house, for lucre and gain, unlawfully and wilfully did cause and procure divers idle and evil-disposed persons to frequent and come to play together at a certain unlawful game of [cards] called and then and there in the said common gaming-house unlawfully and wilfully did permit and suffer the said idle and evil-disposed persons to be and remain, playing and gaming at the said unlawful game called -, for divers large and excessive sums of money. And you the said keeper, &c.

GAOLS AND HOUSES OF CORRECTION.

I. Gaols and houses of correction in counties, &c., p. 424. II. Gaols of counties divided into ridings, &c., p. 449. III. Gaols and houses of correction, in boroughs, p. 450. IV. Prisons for juvenile offenders, p. 451.

I. Gaols and houses of correction in counties, &c.

1. The gaol and house of correction, p. 424. For what places, p. 424.

Building, altering and repairing them, p. 425. 2. To what prisons offenders shall be committed, p. 426. Vagrants, p. 426.

Other offenders, p. 426.

3. Classification of prisoners, p. 426. How, p. 426.

How, where there are two or more houses of correction, p. 430.

How, where the gaol or house of correction are together, p. 430.

4. Rules to be observed in prisons, p. 431.

General rules, p. 431.

Additional rules, by whom made, p. 436.
Taking spirits into prisons, p. 436.

5. Visiting justices, p 437.

How appointed, and their duties, p. 437.
Other justices visiting, p. 438.

How, with respect to prisoners in close confinement,
p. 438.

6. Inspectors, p. 438.

7. Officers of prisons, p. 439.

Keepers, Matrons, &c., p. 439.

Chaplain, his appointment, salary, &c., p. 439.
Chaplain's duties, p. 440.

Other ministers of religion, p. 442.
Surgeons, p. 442.

8. Reports as to the state of the prison, p. 442.
By the keeper, to the sessions, p. 442.

By the keeper, to the secretary of state, p. 443.
By the visiting justices, to the sessions, p. 443.
By the sessions, to the secretary of state, p. 443.
9. The prisoners, p. 444.

In what cases obliged to labour, p. 444.
Attempts to escape, p. 445.

Other offences by them, p. 445.

Not to be jurors upon inquests, p. 446.

Removal of them, p. 446.

Benefactions for them, p. 447.

Allowance to them on their discharge, p. 447.

10. Prosecutions for penalties, &c., p. 448.

Conviction, p. 448.

Penalty how bevied, p. 448.
Appeal, p. 448.

Actions, &c., p. 449.

1. The gaol and house of correction.

For what places.] There shall be maintained, at the expence of every county in England and Wales, one common gaol; and at the expence of every county not divided into ridings or divisions, and of every riding or division of a county (having several and distinct commissions of the peace, or several or distinct rates in the nature of county rates applicable by law to the maintenance of a prison for such division) in England and Wales, at least one house of correction ; and one gaol and one house of correction shall be maintained in the several cities, towns, and places mentioned in the schedule marked (A.) annexed to this act.* 4 G. 4, c. 64, s. 2.

But in all cases where any person liable by law to be committed to the house of correction, shall be apprehended within any district, city, town, or place mentioned in the schedule to this act annexed, and the inhabitants of any such district, &c., shall be contributory to the support and maintenance of the house of correction of the county, &c., in which such district, &c., is situate, the justices of the peace of such district, &c., may commit such person to the house of correction of the county, &c., and in such case it shall not be necessary that any other house of correction shall be built or maintained in or for such district, &c., and the inhabitants of such district, &c., shall not be compelled to the payment of any rate for the building or maintaining of any other house of correction in or for such district, &c. Id. s. 8.

Every gaol, house of correction, or other prison for any county, riding, or division, county of a city or county of a town, or for any town, liberty, soke, or place, not being a county, but having an exclusive jurisdiction for the trial of felonies or misdemeanors committed therein, which is now built or shall hereafter be built, situate within any other county, &c., shall be deemed and taken to be part of the county, &c., for which the same shall be used as a gaol, house of correction, or other prison, and the justices of the peace, coroners, constables, and other officers of such county, &c. for which the same shall be used as a gaol, house of correction, &c.,

Bristol, Chester, Coventry, Exeter, Gloucester, Kingston-uponHull, Leicester, Liverpool, Newcastle-upon Tyne, Norwich, Tottingham, Portsmouth, Worcester, York. And it is intended, by a bill now before parliament, to extend this and the other gaol Acts to every prison in England and Wales, not used exclusively for debtors, except the Queen's Bench prison, the Fleet, and the Penitentiary at Millbank; and to allow of more than one gaol and house of correction in each county, &c.

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shall have as full power and authority therein as they would have if the same was not situate within the limits of such other county, &c. Id. s. 48.

There is a bill now before parliament by which several counties, boroughs, &c. may be united into one district, for the purpose of jointly keeping and regulating their prisoners. If it pass, it shall be noticed in an Appendix to this work.

Building, altering and repairing them.] In case it shall appear to the justices at any general or quarter sessions of the peace, by any report made, under the provisions of this act, of the state of any prison, or by any presentment by the grand jury at the assizes, or sessions of the peace, or by any presentment made by any two or more justices of the peace, that any gaol or house of correction to which this act shall extend, is insufficient, inconvenient, or in want of repair, or otherwise inadequate to give effect to the rules and regulations prescribed by this act, or that there is a necessity for the erection of any new gaol or house of correction, the justices at such general or quarter sessions, or at the sessions next after any such report or presentment made, shall cause notice to be given, three times at least, in some public newspaper circulating within the county, &c., of such report or presentment having been laid before such sessions, and of their intention to take the same into consideration at the next ensuing or some subsequent general or quarter sessions, or adjournment thereof; and in case the justices at such last-mentioned sessions, or the major part of them, shall resolve that such report or presentment is well founded, then such justices, at the sessions mentioned in such notice, or at a subsequent sessions, or adjournment thereof, with the like notice, shall take such measures, either by contract or otherwise, as shall appear to them to be requisite and proper, for the altering, enlarging, or repairing, or for building or rebuilding any such gaol or house of correction, regard being had, in the case of contracts, to the reasonableness of the price and responsibility of the contractors; and every contractor shall give sufficient security for the due performance of his contract to the clerk of the peace or town-clerk for the county, riding, division, district, city, town, or place, to be inspected at all reasonable times by any justices or by any other person contributing to the rate of such county, riding, division, district, city, town, or place, without fee or reward. Id. s. 45. For this purpose, justices are empowered to purchase lands, houses, &c. Id. s. 46.

And if it shall at any time happen that any such gaol or house of correction shall become unsafe or unfit for the custody of the prisoners confined therein, between the several times of holding the general or quarter sessions, it shall and may be lawful for any two or more justices (one of whom shall be a visiting justice for the prison) to order such repairs