horses in some other who will shall be en tered in the A sufficient the horse 2. Now for a further remedy in that behalf, be it enacted 11 Hen. 7, by the authority of this present parliament, That no person c. 13. after twenty days next after the end of this session of parlia- Sellers of ment shall in any fair or market sell, give, exchange or put fairs or maraway any horse, mare, gelding, colt or filly, unless the toll kets must be taker there, or (where no toll is paid) the book keeper, known to the bailiff or the chief officer of the same fair or market, shall toll taker, or and will take upon him perfect knowledge of the that person so shall sell or offer to sell, give or exchange any horse, mare, avouch the gelding, colt or filly, and of his true christian name, surname sale, which and place of dwelling or resiancy, and shall enter all the same his knowledge into a book there kept for sale of horses; or else that he so selling or offering to sell, give, exchange or put away any horse, mare, gelding, colt or filly, shall bring unto the toll taker or other officer aforesaid, of the same fair or market, one sufficient and credible person that can, shall and credible or will testify and declare unto and before such toll taker, person shall book keeper or other officer, that he knoweth the party that avouch the so selleth, giveth, exchangeth or putteth away such horse, horse seller. mare, gelding, colt or filly, and his true name, surname, The price of mystery and dwelling place, and there enter or cause to be shall be enentered in the book of the said toll taker or officer, as well tered in the the true christian name, surname, mystery and place of dwell- toller's book. ing or resiancy of him that so selleth, giveth, exchangeth or putteth away such horse, mare, gelding, colt or filly, as of him that so shall testify or avouch his knowledge of the same person; and shall also cause to be entered the very true price or value that he shall have for the same horse, mare, gelding, colt or filly, so sold: And that no person shall take upon him to avouch, testify or declare that he knoweth the party that so shall offer to sell, give, exchange or put away any such horse, mare, gelding, colt or filly, unless he do indeed truly know the same party, and shall truly declare to the toll taker or other officer aforesaid, as well the christian name, surname, mystery and place of dwelling and resiancy of himself, as of him of and for whom he maketh such testimony and avouchment: And that no toll taker or other person keeping any book of entry of sales of horses in fairs or markets, shall take or receive any toll, or make entry of any sale, gift, exchange or putting away of any horse, mare, gelding, colt or filly, unless he knoweth the party that so selleth, giveth, exchangeth or putteth away any such horse, mare, gelding, colt or filly, and his true christian name, surname, mystery and place of his dwelling or resiancy, or the party that shall and will testify and avouch his knowledge of the same person so selling, giving, exchanging or putting away such horse, mare, gelding, colt or filly, and his true christian name, surname, mystery and place of dwelling or resiancy, and shall make a perfect entry into the said book of such his knowledge of the A note in writing shall be given to the buyer. The penalty of the person offending in any of the cases aforesaid. Every sale otherwise made shall be void. The justices of peace may hear and determine the offences aforesaid. person, and of the name, surname, mystery and place of the dwelling or resiancy of the same person, and also the true price or value that shall be bona fide taken or had for any such horse, mare, gelding, colt or filly so sold, given, exchanged or put away, so far as he can understand the same, and then give to the party so buying or taking by gift, exchange or otherwise, such horse, mare, gelding, colt or filly, requiring and paying twopence for the same, a true and perfect note in writing of all the full contents of the same, subscribed with his hand; on pain that every person that so shall sell, give, exchange or put away any horse, mare, gelding, colt or filly without being known to the toll taker or other officer aforesaid, or without bringing such a voucher or witness, causing the same to be entered as aforesaid, and every person making any untrue testimony or avouchment in the behalf aforesaid, and every toll taker, book keeper or other officer of fair or market aforesaid, offending in the premises contrary to the true meaning aforesaid, shall forfeit for every such default the sum of Five pounds; but also that every sale, gift, exchange, or other putting away of any horse, mare, gelding, colt, filly, in fair or market, not used in all points according to the true meaning aforesaid, shall be void; the one-half of all which forfeitures to be to the queen's majesty, her heirs and successors, and the other half to him or them that will sue for the same before the justices of peace, or in any of her majesty's ordinary courts of record, by bill, plaint, action of debt or information, in which no essoin or protection shall be allowed. 3. And be it further enacted, That the justices of peace of every place and county, as well within liberties as without, shall have authority in their sessions, within the limits of their authority and commission, to inquire, hear and determine all offences against this statute, as they may do any other matter triable before them. 4. And be it further enacted, That if any horse, mare, gelding, colt or filly, after twenty days next ensuing the end of this session of parliament, shall be stolen, and after shall be sold in open fair or market, and the same shall be used in all points and circumstances as aforesaid, that yet nevertheless the sale of any such horse, mare, gelding, colt or filly, within six months next after the felony done, shall not take away the property of the owner from whom the same was stolen, so as claim be made within six months by the party from whom the same was stolen, or by his executors or administrators, or by any other by any of their appointment, at or in the town or parish where the same horse, mare, gelding, colt or filly shall be found, before the mayor or other head officer of the same town or parish, if the same horse, mare, gelding, colt or filly, shall happen to be found in any town corporate or market town, or else before any justice of peace of that county near to the place where such horse, mare, gelding, colt or filly shall be found, if it be out of a town corporate or market town; and so as proof be made within forty days then next ensuing by two sufficient witnesses, to be produced and deposed before such head officer or justice (who by virtue of this act shall have authority to minister an oath in that behalf), that the property of the same horse, mare, gelding, colt or filly so claimed was in the party by or from whom such claim is made, and was stolen from him within six months next before such claim of any such horse, gelding, mare, colt or filly; but that the party from whom the said horse, mare, gelding, colt or filly was stolen, his executors or administrators shall and may at all times after, notwithstanding any such sale or sales in any fair or open market thereof made, have The owner property and power to have, take again and enjoy the said may redeem a horse, mare, gelding, colt or filly upon payment or readiness, horse stolen or offer to pay, to the party that shall have the possession and within six interest of the same horse, mare, gelding, colt or filly, if he months after will receive and accept it, so much money as the same party paying the shall depose and swear before such head officer or justice of price. peace (who by virtue of this act shall have authority to minister and give an oath in that behalf) that he paid for the same bona fide, without fraud or collusion; any law, statute or other thing to the contrary thereof in anywise notwithstanding. from him 2 GEO. II. CAP. 28. An Act (among other things) for more effectual debarring of unlawful Games. 9. "And whereas a good and profitable statute was made Act 33 Hen. in the three-and-twentieth year of the reign of King Henry 8, c. 9, the Eighth, (among other things) for the debarring of unlaw- against unlawful games ful games; And whereas by the said statute no power is given made more unto the justices of the peace to demand and take from per- effectual. sons found playing contrary to law any other security than their own recognizances that they or any of them shall not from thenceforth use such unlawful games, unless such persons are found playing contrary to law upon the view of one or more justice or justices of the peace;" for remedy thereof, be it further enacted, that where it shall be proved upon the oath of two or more credible witnesses, before any justice or justices of the peace, as well as where such justice or justices shall find upon his or their own view that any person or persons have or hath used or exercised any unlawful game contrary to the said statute, the said justice or justices shall have full power and authority to commit all and every such offender and offenders to prison, without bail or mainprize, unless and until such offender and offenders shall enter into one or more recognizance or recognizances, with sureties or without, at the discretion of the said justice or justices of the peace, that he or they respectively shall not thenceforth play at or use such unlawful game. 12 GEO. II. CAP. 28. An Act for the more effectual preventing of excessive and deceitful Gaming. "And whereas it is found by experience that the said good and wholesome laws have not effectually answered the good ends, intents and purposes in and by the said acts (d) designed; but that, contrary to the true intent and meaning of the said recited acts, several deceitful games and subscriptions are daily carried on under the denomination of sales of houses, lands, plate, jewels, goods and other things; and that several printers have printed, published, or caused to be printed and published, proposals or schemes for the sale of such houses, lands, plate, jewels, goods and other things, to be determined by Raffles, by mathematical machines or engines, and by other indirect ways and means, tending to evade the said good and wholesome laws before mentioned; and whereas several persons have for many years past carried on and set up certain fraudulent games and lotteries, to be determined by the chance of cards and dice, under the denomination of the games of the ace of hearts, pharaoh, basset and hazard, and thereby defrauded several of his majesty's subjects ignorant of the great disadvantage adventures in the said games and lotteries so denominated the games of the ace of hearts, pharaoh, basset or hazard (e), are under, subject and liable to; and whereas several doubts have arisen whether the said games of the ace of hearts, pharaoh, basset and hazard (e) are within the descriptions of the lotteries prohibited by the said recited acts of parliament (d); and whereas great difficulties have arisen upon the methods of conviction of the offenders against the said acts of parliament; for remedy whereof, and for explaining and making more effectual the said acts of parliament, 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 spi (d) 10 & 11 Will. 3, c. 17; 9 Anne, c. 6, s. 56; 8 Geo. 1, c. 2, s. 36, prohibiting Lotteries. (e) Rex v. Liston, 5 T. R. 340; M Kinnell v. Robinson, 3 M. & W. 434. ritual and temporal, and commons, in the present parliament assembled, and by the authority of the same, That if any per- 2007. penalty son or persons shall, after the twenty-fourth day of June, one on any ofthousand seven hundred and thirty-nine, erect, set up, confence against this act. tinue or keep any office or place under the denomination of a sale or sales of houses, land, advowsons, presentations to livings, plate, jewels, ships, goods or other things by way of lottery, or by lots, tickets, numbers or figures, cards or dice; or shall make, print, advertize or publish, or cause to be made, printed, advertized or published, proposals or schemes for advancing small sums of money by several persons, amounting in the whole to large sums, to be divided among them by chances of the prices in some public lottery or lotteries established or allowed by act of parliament, or shall deliver out, or cause or procure to be delivered out, tickets to the persons advancing such sums, to entitle them to a share of the money so advanced, according to such proposals or schemes; or shall expose to sale any houses, lands, advowsons, presentations to livings, plate, jewels, ships or other goods by any game, method or device whatsoever, depending upon or to be determined by any lot or drawing, whether it be out of a box or wheel, or by cards or dice, or by any machine, engine or device of chance of any kind whatsoever; such person or persons, and every or either of them, shall, upon being convicted thereof before any one justice of the peace for any county, riding or division, or before the mayor or other justice or justices of the peace for any city or town corporate, upon the oath or oaths of one or more credible witness or witnesses (which said oaths the said justices of the peace and mayor are hereby authorized, empowered and required to administer), or upon the view of such justice or justices, or the mayor, justice or justices for any city or town corporate, or on the confession of the party or parties accused, shall forfeit and lose the sum of Two hundred pounds, to be levied by distress and sale of the offender's goods, by warrant under the hands and seals of one or more justice or justices of the peace of such county, riding, division, city or town where the offence shall be committed; which said forfeitures, when recovered, The same how after deducting the reasonable charges of such prosecution, to be levied shall go and be applied, one-third thereof to the informer and applied. and the remaining two-thirds to the use of the poor of the parish where such offence shall be committed, excepting the said two-thirds of such forfeitures which shall be incurred by and recovered upon any person or persons within the city of Bath, which said two-thirds shall go and be applied to and for the use and benefit of the poor residing within the hospital or infirmary lately erected for the use and benefit of poor persons resorting to the said city for the benefit of the mineral waters, after deducting the charges of conviction as aforesaid. |