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held by let.

11. Nothing in the two preceding sections Nothing herein of this Act contained shall extend in any to prejudice any essort to affect or prejudice any estate or in- tate, which may be terest in, out of, or to any lands, tenements, legally allotted, or or other estate or effects, which shall or may at any time hereafter, be legally allotted to or held by, or by means of any allotment or partition by lots; but all persons who now are or hereafter shall become really and truly seized as part owners, joint-tenants, and tenants in common of any lands, tene ments, or other estate or effects, shall, and they and their heirs, executors, administrators, and assigns, are hereby made, and continued capable to accept, and take such estates and interests, and parts therein in such and the like manner, and to such and the like uses, as they, might, would, or could have done, by or by virtue, or in consequence any lot, scroll chance or allotment whatsoever, had this present Act never been made; anything in the said sections contained to the contrary thereof notwithstanding. Provided also, that nothing therein contained shall extend to the debarring or preventing the making use of, in private houses, back- use of backgammon gammon-tables, and the other games usually tables, or any game played with the backgammon-tables or of with cards in priany sort of game with cards, when the same used only vate houses, when is used merely for amusement, and as an innocent diversion.

of

Gaming debts and securities.

Or to debar the

amusement.

as an

12. All notes, bills, bonds, judgments, or All notes or secuother securities or conveyances whatsoever, rities given, for mogiven, granted, drawn, or entered into o ney or other valuaexecuted by any person whatsoever, where ble thing won by the whole or any part of the consideration ing any money, &c., of such conveyances or securities shall be for lent for gaming any money, or other valuable thing what shall be void.

gaming or for repay

in 3 months sue for,

soever won by gaming, or playing at cards dice, tables, bowls, billiards, or other game, whatsoever; or by betting on the sides or hands of such as do game at any of the games aforesaid; or for the reimbursing, or repaying any money or other valuable thing knowingly lent or advanced for such gaming or betting as aforesaid, or lent or advanced at the time and place of such play, to any person so gaming or betting as aforesaid, or that shall during such play, so play or bet, shall be utterly void and of none effect to all intents and purposes whatsoever.

or

Any person losing 13. Any person whatsoever, who shall at and paying five any time or sitting, by playing at cards pounds by playing dice, tables or other gaine whatsoever, or and betting, may by betting on the sides or hands of such and recover the as do play at any of the games aforesame with costs by said lose to any one or more person or per action of debt sons so playing or betting, in the whole, the sum or value of five pounds and shall deliver the same, or any part thereof, the person so losing and paying, or delivering the same, shall be at liberty, within three If the person los- months then next, to sue for and recover the ing such sum do not money or goods so lost and paid, or delivsue for the same, ered, or any part thereof, from the respecany other person tive winner and winners thereof, with full

may recover the

pay

same, and treble the costs of suit, by action of debt founded upon value thereof, with this Act, in which actions it shall be suffi

costs.

cient for the plaintiff to allege that the defendant or defendants are indebted to the plaintiff, or received to the plaintiff's use the moneys so lost and paid, or converted the goods won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him, according to the form of this Statute, without setting forth the special matter: and in case the person who shall

lose such money or other thing as aforesaid, shall not within the time aforesaid, really and bonú fide, and without covin or collusion, sue, and with effect prosecute for the money or other thing, so by him lost and paid, or delivered as aforesaid, it shall and may be lawful to and for any person by any such action or suit as aforesaid, to sue for and recover the same and treble the value thereof, with costs of suit, against such winner or winners as aforesaid; the one moiety thereof to the use of the person that will sue for the same, and the other moiety to the use of the poor of the parish where the offence shall be committed.

Every person

shall answer on oath all bills of discovery.

14. Every person who shall or may be liable to be sued for the moneys or other liable to be sued thing so won and recoverable as in the two preceding sections mentioned shall be obliged and compellable to answer upon oath, such bill as shall be preferred against him for discovering the sum of money or other thing so won at play as aforesaid.

Upon repayment

person who shall

15. Provided always, that upon the discovery and repayment of the money, or of the inoney so to thing so to be recovered and repaid as be recovered, the aforesaid, the person who shall so discover repay the same, to and repay the same as aforesaid, shall be be discharged from acquitted, indemnified and discharged from any further penalty. any further or other punishment, forfeiture

or penalty which he or they may have incurred, by the playing for or winning such money or other thing so discovered and repaid as aforesaid.

16. In case any person whatsoever shall Any person who assault and beat, or shall challenge or pro- shall assault, beat. voke to fight any other person whatsoever, or challenge, any upon account of any money or other valua

other person, upon account of anything

won by gaming,&c., ble thing won by gaming, playing or shall forfeit Twenty betting at any of the games aforesaid, such

Pounds, or suffer Three Months' imprisonment.

person assaulting and beating, or challeng ing or provoking to fight such other person upon the account aforesaid, shall, being thereof convicted in a summary manner before a police magistrate be liable to a penalty not exceeding twenty pounds and in default of payment thereof shall be imprisoned for any term not exceeding three months.

Repeal.

17. The several Acts mentioned in the schedule to this Act are hereby repealed, provided that

(1) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act. (2) This repeal shall not affect

(a) The past operation of any enactment hereby repealed nor any thing duly done or suffered under any enactment hereby repealed; or

(b) any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment hereby repealed; or

(c) any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture, or punishment as aforesaid; and any such investigation, legal pro

ceeding and remedy may be carried on as if this Act had not passed; or (e) any Act in which the enactments hereby repealed have been applied, incorporated or referred to.

or

(3) This repeal shall not revive any enact. ment, right, office, privilege, matter thing not in force or existing at the passing of this Act.

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