order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be dealt with and punished according to the conviction, and to pay such costs as shall be awarded; and shall, if necessary, issue process for enforcing such judgment. No. LVII. 9 Geo. IV. c. 99. VII. And be it further enacted, That no such conviction, or adjudication No Certiorari, made on appeal therefrom, shall be quashed for want of form, or be re- &c. moved by certiorari, or otherwise, into any of his Majesty's superior Courts of Record, or in Scotland by advocation or suspension into any superior court; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. VIII. And be it enacted, That on every conviction under this Act for a first or second offence the convicting justices shall return the same to the next quarter sessions for the county, riding, division, city, or place wherein such offence shall have been committed; and the record of such conviction, or any copy thereof, shall be evidence in any prosecution to be instituted against the party thereby convicted for a second or third offence; and the clerk of the peace shall immediately on such return make or cause to be made a memorandum of such conviction in a register to be kept by him of the names and places of abode of the persons so convicted, and shall state whether such conviction be the first or second conviction of the offending party. IX. And be it enacted, That if any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or inclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed withr any gun, crossbow, fire arms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor, and being convicted thereof before the justices of gaol delivery, or of the court of great sessions of the county or place in which the offence shall be committed, shall be liable, at the discretion of the court, to be transported beyond seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years; and in Scotland any persons so offending shall be liable to be punished in like manner. X. And be it enacted, That in Scotland the sheriff of the county within which the offence shall have been committed shall have a cumulative jurisdiction with the justices of the peace in regard to the same; and the conviction in Scotland may be proved in the same manner as a conviction in any other case according to the law of Scotland. XI. And be it enacted, That in all cases in Scotland of a third offence, or in other cases in Scotland where a sentence of transportation may, by the provisions of this Act, be pronounced, the offender shall be tried before the High Court or Circuit Court of Justiciary. XII. Provided always, and be it enacted, That for the purposes of this Act the night shall be considered and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise. XIII. And be it enacted, That for the purposes of this Act the word "game" shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards Convictions to be returned to the Quarter Sessions and registered, and may be given in Evidence. If Persons to the Number of Three, being armed, enter any Land for the Purpose of taking or destroying Game, &c., they shall be deemed guilty of a Misdemeanor. Jurisdiction of victions. Third Offences, &c., to be tried in certain Courts. What Time shall be considered Night. What shall be deemed Game. The Statutes which have Relation to Gaming, as an illegal Contract, are inserted in Part III. in conformity to the general Arrangement of this Work. [No. I. ] 33 Henry VIII. c. 9.-The Bill for the maintaining Artillery, and the debarring of unlawful Games. (1.) c. 9. MOST humbly complaining, shew unto your Highness your daily 33 Hen. VIII. orators the bowyers flsetchers stringers and arrowhead-makers of 'this your realm, that where for the advancement and maintenance of archery the better to be maintained and had within the same, and for 6 Hen. 8. c. 2. 'the avoiding of divers and many unlawful games and plays occupied 12 Co. 99. < and practised within this realm to the great hurt and lett of shooting and archery, divers good and lawful statutes have been devised enacted ' and made, amongst which one was made in a Parliament holden at "Westminster in the third year of your most gracious reign, and the same 'Act made perpetual in the Parliament there holden in the sixth year of your said reign; (2) the which good and laudable Act notwithstanding divers and many subtil inventative and crafty persons intending to de'fraud the same estatute sithens the making thereof have found and daily find many and sundry new and crafty games and plays, as loget'ting in the fields slide-thrift otherwise called shove-groat as well within Several newthe City of London as elsewhere in many other and divers parts of this devised Games 'realm, keeping houses plays and alleys for the maintenance thereof; by the Cause of the reason whereof archery is sore decayed and daily is like to be more and Decay of Arch more minished, and divers bowyers and fletchers for lack of work gone ery. ' and inhabit themselves in Scotland and other places out of this realm, there working and teaching their science to the puissance of the same to the great comfort of estrangers and detriment of this realm. II. And where also your Grace's subjects bowyers fletchers and other artificers aforenamed from time to time resort repair and come out of all places of this your realm unto the City of London for lack of living and do inhabit nigh the same city or in the suburbs of the same city and in the streets and lanes of the same city, being no freeman of the same city nor bearing neither scot lot nor other charges within your said city as other citizens and freemen of the same city do and are 'bound to do and by their oaths are sworn to do, and which citizens and freemen of your said city of the mysteries and crafts before rehearsed which have been brought up as apprentices from their youth dwelling within the freedom of your said City of London are always in readiness to furnish your Grace's affairs when they shall be commanded; (2) by reason of which resort and abode of such foreigners and strangers of 'the mysteries and crafts before rehearsed in the suburbs streets and lanes of the same city other cities towns villages and places within this realm ' remain and be unfurnished of artificers and craftsmen before rehearsed to the great decay of the archery of this realm; (3) and forasmuch as ' it appeareth by the preamble of the said statute enacted the said third year, which was established and made perpetual in the foresaid sixth (1.) The Proceedings for Penalties in this Act formers."-Vi. Part IV. title Penal Actions and are regulated by 31 Eliz. c. 5. "concerning In- Informations, No. I. 33 H. VIII. c. 9. The Causes of of the Decay of Archery. The Penalty for Maintenance of a House for unlawful Games. The Penalty year of your most gracious reign, that your Highness calling to your most noble and gracious remembrance that by the feat and exercise of the subjects of this your realm in shooting in long-bows there hath con'tinually grown and been within the same great number and multitude of good archers, which hath not only defended this realm and the sub'jects thereof against the cruel malice and danger of their outward enemies in times heretofore past, but also with little number and puissance ' in regard have done many notable acts and discomfitures of war against 'the Infidels and other, and furthermore subdued and reduced divers and many regions and countries to their due obeisance, to the great honour 'fame and surety of this realm and subjects and to the terrible dread and 'fear of all strange nations any thing to attempt or do to the hurt or damage of them or any of them; (4) yet nevertheless archery and shoot'ing in long-bows was little used, but daily did minish decay and 'abate more and more, for that much part of the commonalty and poor 'people of this realm whereby of old time the great number and substance of archers hath grown and multiplied were not of power and ability to buy them long-bows of yew to exercise shooting in the same and to sustain the continual charge thereof; (5) and also by means and oc'casions of customable usage of tennis-play bowls cloysh and other unlawful games prohibited by many good and beneficial statutes by autho'rity of Parliament in that behalf provided and made, great impoverish'ment hath ensued and many heinous murders robberies and felonies 'were committed and done, and also the divine service of God by such misdoers on holy and festival days not heard or solemnized to the high displeasure of Almighty God as by the aforesaid Preamble more plainly 'may appear. [III. Men under the Age of Sixty Years shall have Bows and Arrows for shooting.-Men-Children between Seven Years and Seventeen.-Men about Seventeen Years of Age] [IV. Who shall shoot at Rovers.-Shooting in Yew Bows.-The Inhabitants of every Town shall cut Butts and shoot at them.] [V. Bows of Elm, Ash, &c. Repealed by 8 Eliz. c. 10. § 6.] [VI. The several Prices of the several sorts of Bows. Repealed by 8 Eliz. c. 10. § 6. 22 Ed. 4. c. 4. 3 H. VII. c. 13.] [VII. Sale of seasonable Timber by one Fletcher to another.] [VIII. Bowyers and Fletchers, &c. of London, upon Commandment, shall dwell elsewhere.] [IX. Aliens shall not convey Bows or Arrows beyond the Sea.] X. Aliens shall not use shooting in Long-Bows.-Magistrates may hear and determine these Offences ] XI. Be it also enacted by the authority aforesaid, That no manner of person or persons, of what degree quality or condition soever he or they be, from the Feast of the Nativity of St. John Baptist now next coming, by himself factor deputy servant or other person shall for his or their gain lucre or living keep have hold occupy exercise or maintain any common house alley or place of bowling coyting cloysh-cayls half bowl tennis dicing table or carding or any other manner of game prohibited by any estatute heretofore made or any unlawful new game now invented or made or any other new unlawful game hereafter to be invented found had or made, (2) upon pain to forfeit and pay for every day keeping having or maintaining or suffering any such game to be had kept executed played or maintained within any such house garden alley or other place contrary to the form and effect of this estatute forty shillings. XII. And also every person using and haunting any of the said houses and plays and there playing to forfeit for every time so doing six shillings eight pence. XIII. And if any person hereafter sue for any placard to have common gaming in his house contrary to this estatute, that then it shall be contained in the same placard what game shall be used in the same house and what persons shall play thereat, and every placard granted to cards made void the contrary to be void; (2) and also that the party obtaining any such by 2 & 3 Ph. & M. c. 9. placard before he put the same in execution shall be bound with sufficient sureties with him by recognisances in the Chancery, in a certain sum to No. I. be appointed by the discretion of the Lord Chancellor of England that he 33 H. VIII. shall not use the said placard contrary to the form thereof. c. 9. XIV. Be it further enacted by the authority aforesaid, That it shall be lawful to all and every the justices of peace in every shire, mayors she- Magistrates riffs bailiffs and other head officers within every city town and borough may repress unwithin this realm, from time to time, as well within liberties as without lawful Games, as need and case shall require, to come enter and resort into all and and punish Of every houses places and alleys where such games shall be suspected to be fenders. holden exercised used or occupied contrary to the form of this estatute; (2) and as well the keepers of the same as also the persons there haunting resorting and playing, to take arrest and imprison and them so taken and arrested to keep in prison unto such time as the keepers and maintainers of the said plays and games have found sureties to the King's use to be bound by recognisance or otherwise no longer to use keep or occupy any such house play game alley or place; (3) and also that the, Farther Provipersons there found be in like case bound by themselves or else with sions relating sureties by the discretions of the justices mayors sheriffs bailiffs or other hereto. head officers no more to play haunt or exercise from thenceforth in at or 2 Geo. 2. c. 28. to any of the said places or at any of the said games. § 9. XV. Also be it further enacted by the authority aforesaid, That the Searching of mayors sheriffs bailiffs constables and other head cfficers within every Houses where city borough and town within this realm where any such officers shall unlawful Games fortune to be, as well within the franchises as without, shall make due be kept. search weekly or at the farthest at all times hereafter once every month in all places where any such houses alleys plays or places shall be suspected to be had kept and maintained; (2) And if the said mayors sheriffs bailiffs constables and other head officers within their cities boroughs and towns, as well within franchises as without, do not make due search a the farthest once every month, if the case so require, according to the tenor of this Act, and do not execute the same in all things according to the purport and force of the same; that then every such mayor sheriff bailiff constable or other head officer to pay and forfeit for every month not making search nor executing the same, al. s. XVI. Be it also enacted by the authority aforesaid, That no manner of Persons prohiartificer or craftsman of any handicraft or occupation husbandman ap- bited to play at prentice labourer servant at husbandry journeyman or servant of artificer unlawful Games mariners fishermen watermen or any serving-man shall from the Feast out of Christof the Nativity of St. John Baptist play at the tables tennis dice cards mas. bowls clash coyting logating or any other unlawful game out of Christmas 1 Lutw. 133. under the pain of xx. s. to be forfeit for every time; (2) and in Christmas to play at any of the said games in their masters' houses or in their masters' presence; (3) and also that no manner of persons shall at any time play at any bowl or bowls in open places out of his garden or orchard upon the pain for every time so offending to forfeit vi. s. viii. d. ; (4) and that Playing at all justices of peace mayors bailiffs sheriffs and all other head officers and Bowls. Certain every of them finding or knowing any manner of person or persons using Officers may or exercising any unlawful games contrary to this present statute shall commit Offendhave full power and authority to commit every such offender to ward, ers to Prison. there to remain without bail or mainprize until such time that they so offending be bounden by obligation to the King's use, in such sums of money as by the discretions of the said justices mayors bailiffs or other head officers shall be thought reasonable, that they or any of them shall not from henceforth use such unlawful games. XVII. Be it further enacted by the authority aforesaid, That all other All other Stastatutes made for the restraint of unlawful games or for the maintenance tutes made of artillery as touching the penalties or forfeitures of the same shall be against unlawfrom henceforth utterly void; (2) and that all informations plaints ful Games and actions or suits that shall be taken or sued upon any part of this statute for the Mainteshall be commenced within the year after the offence committed and nance of Artildone or otherwise no advantage or suit thereof to be taken. lery repealed. |