(No. 1.) 9 FORMS. Anne, c. 14, s. 5, 101. by fraud. (a) for winning above [Commencement as usual, ante, p. 11, (No. 2,)] on, &c. at, &c. by fraud, shift, Commitment on cozenage, circumvention, deceit, unlawful device, and ill practice, in playing with dice [or at a certain game of cards called ] unlawfully did win, obtain and acquire to himself a large sum of money, to wit, the sum of [twenty] pounds of the monies of one A. B., [or, certain valuable things of the value of of the goods and chattels of the said A. B., or being the property of the said A. B.]: against the form of the statute in that case made and provided. And you the said keeper, &c. [as usual, as ante, 11, to the end.] (No. 2.) THE jurors for our Lord the King upon their oath present, that C. D., lute of, &c. on, &c. with force and arms, at, &c. aforesaid, by fraud, shift, cozenage, circumvention, deceit, unlawful device, and ill practice in playing with dice, did win, obtain, and acquire to himself a large sum, to wit, the sum of [twenty] pounds, of lawful money of Great Britain, of the monies of one A. B., of and from him the said A. B., in and by playing with him the said A. B. at dice, to the great damage of the said A. B.; against the form of the statute in that case made and provided, and against the peace of our Lord the King, his crown and dignity. (No. 3.) THE jurors for our Lord the King upon their oath present, that C. D., late of, &c. on, &c. with force and arms, at, &c. by fraud, shift, cozenage, circumvention, deceit, unlawful device, and ill practice in playing at and with cards, to wit, at a certain game of cards, called [rouge et noir], with one A. B. unlawfully did win, obtain and acquire to himself a large sum of money, to wit, the sum of [twenty] pounds, of the monies of the said A. B. [or certain valuable things, to wit, &c. [set them out] of the value of £ , of the goods and chattels of the said A. B., or, being the property of the said A. B.], to the evil example of all others; against the form of the statute in that case made and provided, and against the peace of our Lord the King, his crown and dignity. (No. 4) [Commencement as usual, as ante, p. 11,] on, &c. at, &c. by playing at dice [or at a certain game of cards called Junlawfully did win of and from one C.D., at one time and sitting, above the sum of ten pounds, that is to say, the sum of twenty pounds, of the monies of the said C. D.; against the form of the statute in that case made and provided. And you the said keeper, &c. [as usual, as ante, 11, to the end.] (No. 5.) THE jurors for our Lord the King upon their outh present, that C. D. late of, &c. on, &c. with force and arms, at, &c. did play with dice, and that the said C. D. then and there, with force and arms, by playing with the said dice with the said A. B. as aforesaid, did, at one time and sitting, unlawfully win of the said A. B. above the sum of ten pounds with the said dice, to wit, the sum of £ , of lawful money of Great Britain; against the form of the statute in that case made and provided, and against the peace of our said Lord the King, his crown and dignity. (No. 6.) THE jurors for our Lord the King upon their oath present, that C. D. late of, &c. on, &c. at the parish aforesaid, in the county aforesaid, by playing at and with cards, to wit, at a certain game of cards called [rouge et noir], with one A. B. unlawfully did win of the said A. B., at one time and sitting, above the sum and value of ten a) See the act, ante, 975. (b) See various forms, 3 Chit. Crim. Law, 677. FORMS. Indictment on 18 Geo. 2, c. 34, a. 8, for losing more than 20%. within twentyfour hours. (a) Commitment for house. pounds, that is to say, the sum of [twenty] pounds, of the monies of the said A. B. to the great damage of the said A. B.; against the form of the statute in such case made and provided, and against the peace of our said Lord the King, his crown and dignity. (No. 7.) THE jurors for our Lord the King upon their oath present, that C. D. late of &c. on, &c. with force and arms, at, &c. by then and there playing at and with cards, to wit, at a game called with one A. B. within the space of twenty-four hours to wit, within the space of eight hours, at, &c. in, &c. unlawfully did lose at the sai play, to the said A. B. above the sum of twenty pounds, to wit, the sum of £ the evil example of all others, and against the peace of our said Lord the King, his crews and dignity, and also against the form of the statute in such case made and provided, (No. 8.) [Commencement as usual, as ante, p. 11, (No. 2,) ] on, &c. at, &c. unlawful, keeping a gaming did keep and maintain a certain common gaming house; and in the said comma gaming house, for lucre and gain, unlawfully and wilfully did cause and procure dives idle and evil-disposed persons to frequent and come to play together at a certain u lawful game of cards called [rouge et noir], and then and there, in the said comm gaming house, unlawfully and wilfully did permit and suffer the said idle and evil-ar posed persons to be and remain, playing and gaming at the said unlawful gamejo divers large and excessive sums of money. And you the said keeper, [&c. as usual, the end.] Indictment for keeping a common gaming house. Second count for keeping a common gaming room and place. (No. 9.) THE jurors for our Lord the King upon their oath present, that C. D. late a &c. on, &c. with force and arms, at, &c. aforesaid, a certain common gaming has situate in the parish of, &c. for his lucre and gain, unlawfully and injuriously keep and maintain, and in the said common gaming house there situate, on the said, ‡. and on the said other days and times, there unlawfully and injuriously did cause est procure divers idle and ill-disposed persons to frequent and come together to g and the said idle and ill-disposed persons to be and remain in the said common gan/ house, and to game together on the said, &c. and on the said other days and times the did unlawfully and injuriously procure, permit, and suffer, and the said persons, is said common gaming house there, on the said, &c. and on the said days and times. such procurement, permission, and sufferance of the said C. D. did game together, to great encouragement of idleness and dissipation, to the great damage and common sis of all the liege subjects of our said Lord the King, and against the peace of our said L. the King, his crown and dignity. The jurors aforesaid, on their oath aforesaid, further present, that the said C. D. on the said, &c. and on divers other days and time between that day and the said day of in the same year, with force and arms, at the parish aforesaid, in the county aforesaid, a certain other common gaming reent place, in a certain house there situate, for his lucre and gain, unlawfully and injuries did keep and maintain, and in the said common gaming room and place, on the s &c. and on the said last mentioned other days and times there unlawfully and injer ously did cause and procure divers idle and ill-disposed persons to frequent and c together to game and play, and the said last mentioned idle and ill-disposed pers to be and remain in the said common gaming room and place, to game and play t on the said day of in the year aforesaid, and on the said last mes other days and times there did unlawfully and injuriously procure, permit, and sfe and the said last mentioned persons, in the said common gaming room and place, an i said day of in the year aforesaid, and on the said last mentioned ahe days and times, by such last procurement, permission, and sufferance of the said C. D. did game and play together, to the great encouragement of idleness and dissipation, to i great damage and common nuisance of all the liege subjects of our said Lord the Kag and against the peace of our suid Lord the King, his crown and dignity. (a) See the enactment, ante, 977. Gaols and Houses of Correction. [14 Edw. III. st. 1, c. 10; 19 Hen. VII. c. 10; 31 Car. II. c. 2; 3 Geo. I. c. 15; 32 Geo. II. c. 28; 24 Geo. III. sess. 2, c. 56; 52 Geo. III. c. 160; 53 Geo. III. c. 113; 55 Geo. III. c. 50; 56 Geo. III. c. 116; 4 Geo. IV. c. 63; 4 Geo. IV. c. 64; 5 Geo. IV. c. 12; 5 Geo. IV. c. 84; 5 Geo. IV. c. 85; 6 Geo. IV. c. 40; 6 Geo. IV. c. 80; 7 Geo. IV. c. 18.] I. General Clauses of 4 Geo. IV. c. 64, and 5 Geo. IV, c. 85, 993. II. What Gaols, &c., are to be kept, 996. III. Building, Repairing, &c., of Gaols, 997. V. Contracts by Justices having Charge of Gaols in Cities, &c., VI. Gaols in Counties divided into Ridings, &c. 1013. VII. The Treatment of Prisoners for Offences; and herein— (1) Of the General Rules and Regulations to be observed, 1017. (2) The Commitment of Offenders, 1021. (3) The Classification of Prisoners, 1022. (5) Their Employment and Labour, 1026. (6) Escapes, 1030. (7) Refractory Prisoners, 1030. (8) Their Removal, 1031. (9) Their Discharge and Allowance, 1032. VIII. Gifts, &c., to Prisoners, 1034. IX. Sale, &c., of Spirituous Liquors in Gaols, 1035. X. Gaolers and inferior Officers, 1036. XI. Fees to Gaolers, 1039. XII. Chaplains, 1042. XIII. Surgeons, &c. 1044. XIV. Visiting Justices, &c. 1044. XV. Sheriff, County Treasurer, and Clerk of Peace, 1046. XVI. Annual Report to Secretary of State, 1046. XVII. Penalties, &c., under 4 Geo. IV. c. 64, how recoverable &c., Appeal, &c., Actions, &c. 1047. XVIII. Debtors, Treatment, &c. of, 1048. XIX. King's Bench and Marshalsea Prisons, 1051. XX. Shedules of Acts and Forms, 1053. 1. General Clauses of 4 Geo. IV. c. 64, & 5 Geo. IV. c. 85. THE principal acts now in force concerning gaols, are the 4 Geo. IV. c. 54, and 5 Geo. IV. c. 85. GENERAL 4 Geo. 4, c. 64. 4 Ed. 3, c. 10. 14 Ed. 3, st. 1, c. 10. By the 4 Geo. IV. c. 64, intituled "An Act for consolidating and amending the laws relating to the building, repairing, and regulating of certain gaols and houses of correction in England and Wales," passed 10th July. 1823, sect. 1, after reciting, that Whereas the laws now existing relativ to the building, repairing, and regulating of gaols and houses of corre tion in England and Wales, are complicated, and have in many cases been found ineffective: and whereas it is expedient that such measures should be adopted, and such arrangements made in prisons, as shall not on provide for the safe custody, but shall also tend more effectually to present the health and to improve the morals of the prisoners confined therein, a shall insure the proper measure of punishment to convicted offenders; a whereas due classification, inspection, regular labour and employment, a religious and moral instruction, are essential to the discipline of a prise and to the reformation of offenders; and whereas the present laws directio the separation, superintendence, employment, and instruction of prisoner require to be amended and enlarged, and to be more uniformly and stre carried into effect; and it is therefore expedient that the most useful pr› visions contained in the several statutes and acts, and parts of statutes a acts hereinafter mentioned, should be consolidated, and that some new pro visions should be added thereto;' it is enacted, "That, from and after commencement of this act [1st September, 1823, s. 78], the several stant and acts, and parts of statutes and acts, following, shall be repealed, so as relates to such gaols or prisons, or houses of correction, as this act s 1 Ed. 3, st. 1, c. 7. extend to; (that is to say), so much of a statute passed in the first ye of the reign of King Edward the Third, as relates to inquiry to be made gaolers, which, by duress, compel prisoners to appeal; and also, so much a statute passed in the fourth year of the reign of the said King Edwa the Third, as relates to sheriffs and gaolers receiving offenders without ing any thing; and also, so much of a statute passed in the fourteenth ye of the reign of the said King Edward the Third, as relates to the pu ment of a gaoler compelling a prisoner by duress to become an apprec and also, so much of an act passed in the seventh year of the reign of K James the First, intituled 'An Act for the due execution of divers laws statutes heretofore made against rogues, vagabonds, and sturdy begg and other lewd and idle persons,' as relates to the providing houses of er rection, to the appointment, authority, and allowance of the governor, & 19 Car. 2, c. 4, ss.1, to his accounting to justices for persons committed to his custody; and as so much of an act passed in the nineteenth year of the reign of K Charles the Second, intituled An Act for the relief of poor prisoners, setting them to work,' as relates to the providing stocks for setting prisoners to work, and to the removal of prisoners on occasion of sicknes and also, so much of an act passed in the twenty-second and twenty-t years of the reign of the said King Charles the Second, intituled An for the relief and release of poor distressed prisoners for debt,' as relates prisoners being allowed to send for victuals and other necessaries, and fees and charities, and to the separation of felons and debtors; and als act passed in the eleventh and twelfth years of the reign of King Wi the Third, intituled 'An Act to enable justices of peace to build repair gaols in their respective counties;" any thing in an act made the sixth year of the reign of King George the First, for making pe tual any act or acts relating to the building and repairing of county ga to the contrary in anywise notwithstanding; and also, so much of an a passed in the second year of the reign of King George the Second, inti An Act for the relief of debtors, with respect to the imprisonment of th persons,' as relates to prisoners being allowed, by keepers of prisons gaols, to send for victuals and other necessaries, and to the taking of f and the making and hanging up tables thereof, and to inquiries concern the same, and to the hearing of complaints of extortion against gaolers, a examining into gifts and legacies for the benefit of poor prisoners, and h ing up tables thereof; and also, so much of an act passed in the fourte year of the reign of the said King George the Second, intituled And supply some defects in the laws for repairing and rebuilding county bride 7 Jac. 1, c. 4. 2, 3, 5. 22 & 23 Car. 2, c. 20, s. 10-13. 11 & 12 Wm. 3, c. 19, (made perpetual by 6 Geo. 1, c. 19). 2 Geo. 2, c. 22. 14 Geo. 2, c. 33. 1 GENERAL CLAUSES. for repairing, enlarging, erecting, and providing houses of correction, and for passing rogues and vagabonds,' as relates to repairing, enlarging, and building houses of correction, and to buying houses and lands for that purpose; and also, so much of an act passed in the sixteenth year of the reign 16 Geo. 2, c. 31. of the said King George the Second, intituled An Act for the further punishment of persons who shall aid or assist prisoners to attempt to escape out of lawful custody,' as relates to the escape of prisoners from any gaol or prison to which this act shall extend; and also, so much of an act passed 17 Geo. 2, c. 5. in the seventeenth year of the reign of the said King George the Second, intituled 'An Act to amend and make more effectual the laws relating to rogues, vagabonds, and other idle and disorderly persons, and to houses of correction, as relates to the erecting, enlarging, and managing of houses of correction, and the finding or turning out of masters of them for misbehaviour; and also, so much of an act passed in the twenty-fourth year of 24 Geo. 2, c. 40. the reign of the said King George the Second (made, among other things, for granting an additional duty upon spirituous liquors, and upon licences for retailing the same, and for repealing an act of the twentieth year of King George the First, made, among other things, for more effectually restraining the retailing of distilled spirituous liquors), as relates to the retailing of spirituous liquors in gaols, prisons, or houses of correction, to the carrying of liquors into the same, to the search for such liquors, and to the hanging up of a copy of certain clauses of the said act in such gaols, prisons, or houses; and also, so much of an act passed in the thirty-second year of the reign 32 Geo. 2, c. 28. of the said King George the Second, for relief of debtors, with respect to the imprisonment of their persons, as relates to prisoners being allowed to send for victuals and other necessaries, and to the settling, signing, reviewing, enrolling, and hanging up of tables of fees, rates, and benefactions, and rules for the government of gaols and prisons; and also, an act passed 13 Geo. 3, c. 58. in the thirteenth year of the reign of his late Majesty King George the Third, intituled An Act for providing clergymen to officiate in gaols within that part of Great Britain called England; and also, an act passed in the 14 Geo. 3, c. 59. fourteenth year of the reign of his said late Majesty, intituled 'An Act for preserving the health of prisoners in gaol, and preventing the gaol distem per;' and also, an act passed in the twenty-second year of his said late 22 Geo. 3, c. 64. Majesty's reign, intituled An Act for the amending and rendering more effectual the laws in being relative to houses of correction;' and also, two 24 Geo. 3, sess. 2, acts passed in the twenty-fourth year of his said late Majesty's reign, the cc. 54, 55. one made to explain and amend the hereinbefore recited act, made in the eleventh and twelfth years of the reign of King William the Third, and the other made to explain and amend the hereinbefore recited act of the twenty-second year of the reign of his said late Majesty King George the Third; and also, an act passed in the twenty-ninth, year of his said late 29 Geo. 3, c. 67. Majesty's reign, intituled An Act for the more effectual execution of the laws respecting gaols;' and also, an act passed in the thirty-first year of his 31 Geo. 3, c. 46. said late Majesty's reign, intituled 'An Act for the better regulating of gaols, and other places of confinement,' except only so much of the said act as relates to the imprisonment and employment in hard labour in the common gaol of the county, of prisoners sentenced to transportation, or to whom the royal mercy shall be extended on condition of transportation; and also, an act passed in the fifty-fifth year of his said late Majesty's reign, 55 Geo. 3, c. 48. for enlarging the powers of the hereinbefore recited acts of the thirteenth and twenty-second years of his said late Majesty's reign, for providing clergymen to officiate in gaols and houses of correction within England and Wales; and also, an act passed in the fifty-eighth year of his said late Ma- 58 Geo. 3, c. 32. jesty's reign, to amend so much of the said act of the fifty-fifth year of his said late Majesty's reign, as relates to the salaries of the clergymen officiating as chaplains in houses of correction; and the said several statutes and acts, and parts of statutes and acts, are hereby repealed accordingly, and from and after the commencement of this act shall cease and determine, so far as relates to gaols and houses of correction to which this act shall extend; save and except so far as the said acts, or any of them, repeal any Exception. 1 former act or acts, or any clause, matter, or thing therein; and also, save repealed as to the several matters herein mentioned, |