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No. VII.

8 Geo. I. c. 2.

another to the the other to the Informer, and Poor,where, &c.

for the sale of chances or part of chances to arise on tickets made out ' in pursuance of any Act of Parliament for a publick lottery, many ill'disposed persons with a design to evade such laws have of late presumed and do daily presume to erect and set up offices or places under the ' denomination of sales of houses lands plate jewels ships goods and other things; and also have presumed to make print and publish or 'caused to be made printed 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 the chances of the 6 prizes in some public lottery or lotteries established or allowed by Act of Parliament, and to deliver out tickets to the persons advancing such 'sums to entitle them to a share of the money so advanced according to such proposals; and advertisements thereof are daily published in the common printed newspapers and otherwise; which practices are highly prejudicial to the public and to the trade of this kingdom and tend to defraud his Majesty's subjects:' Be it further enacted by the authority Persons who, aforesaid, That all and every person or persons who after the twenty- after 21 Dec. first day of December in the year of our Lord one thousand seven hundred 1721, shall and twenty-one shall erect set up continue or keep or shall cause or erect Offices for procure to be erected set up continued or kept any office or place under Sale, &c. by the denomination of sales of houses lands advowsons presentations to way of Lottery, livings plate jewels ships goods or other things for the improvement of &c. shall forfeit small sums of money; or shall sell or expose to sale any houses lands 500. one third advowsons presentations to livings plate jewels ships goods or other the Crown, things by way of lottery or by lots tickets numbers or figures; or shall make print advertise or publish or cause to be made printed advertised 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 the chances of the prizes 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 make print or publish or cause to be made printed or published any proposal or scheme of the like kind or nature under any denomination name or title whatsoever; and shall be thereof convicted upon the oath or oaths of one or more credible witness or witnesses by two or more justices of the peace of the county division or liberty where such offence shall be committed or the offender shall be found (which oath such justices of the peace are hereby empowered and required to administer) the person so convicted shall for every such offence, over and above any former penalties inflicted by any former Act or Acts of Parliament made against any private or unlawful lotteries, forfeit the sum of five hundred pounds, one third part thereof to his Majesty his heirs and successors, one other third part thereof to the informer, and the remaining third part thereof to the poor of the parish where such offence shall be committed; the same to be levied by distress and sale of the offender's goods by warrant under the hands and seals of such justices before whom such offender shall be convicted as aforesaid; and shall also for every such offence by such justices be committed to the county gaol there to remain without bail or mainprize for the space of one whole year, and from thence till the said sum of five hundred pounds so forfeited as aforesaid shall be fully paid and satisfied: Provided nevertheless that any person who shall think himself Persons ag◄ or herself aggrieved by the judgment or determination of two or more grieved may ap such justices in any the cases aforesaid, shall have liberty to appeal to peal to the the next quarter sessions to be held for the county city or place where Quarter Sessuch judgment or determination shall be made or given; and that the sions. judgment to be given by the justices at the said next quarter sessions shall be final.

XXXVII. And be it further enacted by the authority aforesaid, That Persons contriall and every person or persons who after the time aforesaid shall be ad- buting to Sales, venturer or adventurers in or shall pay any money or other consideration &c. to forfeit double the Sum contributed, one Moiety to the Crown, the other to the Informer.

No. VII. 8 Geo. I. c. 2.

P.

9 George I. c. 19.

Clause to prevent foreign Lotteries being

carried on in

this Kingdom.

Pensity.

or any ways contribute unto or upon the account of any such sales lotteries proposals or schemes aforesaid shall forfeit for every such offence double the sum paid or contributed, to be recovered with costs of suit by action of debt bill plaint or information in any of his Majesty's courts of record at Westminster, wherein no essoign protection wager of law nor any more than one imparlance shall be allowed; one moiety thereof to his Majesty his heirs and successors, the other moiety thereof to the person or persons who shall inform or sue for the same.

[ No. VIII. ] 9 George I. c. 19.-An Act to continue the Duties for Encouragement of the Coinage of Monies; and for Relief of William late Lord Widdrington; and to prevent foreign Lotteries being carried on in this Kingdom; and for ascertaining the Duties on bound Books imported; and for issuing Certificates and Debentures for Arrears due to five Regiments, to be satisfied by Annuities therein mentioned; and for discharging the Duties of Rock-Salt lost on the Rivers Weaver and Mercy; and for limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively; and for appropriating the Supplies granted to his Majesty in this Sessions of Parliament; and to rectify Misnomers and Omissions of Commissioners for the Land-Tax in the Year One Thousand Seven Hundred and Twenty-three.

IV. AND whereas in order to elude the many good laws made for suppressing unlawful lotteries several evil-disposed persons have of late presumed to erect and carry on several lotteries upon pretence and colour of some grant or authority given by foreign princes or states;' For the better preventing of which illegal practices for the future, Be it declared and enacted by the authority aforesaid, That if any person or persons shall from and after the first day of July one thousand seven hundred and twenty-three, by virtue or colour of any grant or authority from any foreign prince state or government whatsoever, erect set up continue or keep or shall cause or procure to be erected set up continued or kept any lottery or undertaking in the nature of a lottery under any denomination whatsoever, or shall make print or publish or cause to be made printed or published any proposal or scheme for any such lottery or undertaking, or shall within this kingdom sell or dispose of any ticket or tickets in any foreign lottery and shall be convicted of any of the said offences upon the oath or oaths of one or more credible witness or witnesses by two or more justices of the peace of the county division or liberty where such offence shall be committed or the offender shall be found (which oath such justices of the peace are hereby empowered and required to administer) the person so convicted shall for every such offence (over and above any former penalties inflicted by any former Act or Acts of Parliament made against unlawful lotteries) forfeit the sum of two hundred pounds; one third part thereof to his Majesty his heirs and successors, one other third part thereof to the informer, and the remaining third part thereof to the poor of the parish where such offence shall be committed; the same to be levied by distress and sale of the offender's goods by warrant under the hands and seals of such justices before whom such offender shall be committed as aforesaid, and shall also for every such offence by such justices be committed to the county gaol, there to remain without bail or mainprize for the space of one whole year and from thence till the said sum of two hundred pounds so forfeited as aforesaid shall be fully paid and satisfied.

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V. Provided nevertheless, That any person who shall think him or herself aggrieved by the judgment or determination of such justices in any the cases aforesaid, shall have liberty to appeal to the next quarter sessions to be held for the county city or place where such judgment or determination shall be made or given, and that the judgment to be given by the justices of the next quarter sessions shall be final.

[No. IX. ] 2 George II. c. 28.-An Act to revive the Laws therein mentioned, relating to the Importation of Foreign Brandy, and other Waters and Spirits; for Importation of Cochineal; to continue several Acts for preventing Frauds in the Customs: for Encouragement. of the Silk Manufactures of this Kingdom; for making Copper Ore of the British Plantations an enumerated Commodity; for making perpetual an Act therein mentioned for suppressing of Piracy; for enabling Persons prosecuted upon the Capias, in Relation to the running of Goods, to defend in Forma Pauperis; for more effec= tual debarring of unlawful Games; for licensing Retailers of Brandy, and other distilled Liquors, and for better Regulation of Licences for common Inns and Alehouses.

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c. 28.

IX. AND whereas a good and profitable statute was made in the three- 2 George II. and-thirtieth year of the reign of King Henry the Eighth (among other things) for the debarring of unlawful games: And whereas Act 33 Hen. 8. 'by the said statute no power is given unto the justices of the 'demand and take from persons found playing contrary to law any other unlawful Games c. 9. against security than their own recognisances that they or any of them shall made more ef <not from thenceforth use such unlawful games, unless such persons are fectual. "so 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 by the authority aforesaid, 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 or offenders to prison without bail or mainprize, unless and until such offender and offenders shall enter into one or more recognisance or recognisances, with sureties or without, at the discretion of the said justice or justices of the peace, that he or they respectively shall not from thenceforth play at or use such unlawful game.

[ No. X. ] 6 George II. c. 35.-An Act for appointing Commissioners to examine, state, and report who of the Sufferers in the Charitable Corporation are Objects of Compassion, according to the Descriptions therein. mentioned, and for giving Relief to such Sufferers; and for enforcing the Laws made against Foreign Lotteries; and for empowering the said Commissioners to hear and determine the Claims of such Creditors and Proprietors of the said Corporation, as have not made their Claims within the Time limited by an Act made in the last Session of Parliament," for taking, stating and deter

p.

No. X.

6 Geo. II. c. 35.

6 George II. c. 35.

9 Geo. 1. c. 19.

2001. Penalty
on Persons sell-
ing or procur-
ing Chances in
foreign Lotte-
ies after 24th
June 1733.
See farther,
12 Geo. 2. c. 28.
13 Geo. 2. c. 19.
29 Geo. 2. c. 7.

mining all the Claims and Demands of the Creditors of
the said Corporation, and of all Persons claiming any
Share or Interest in the said Stock or Fund of the said
Corporation."

XXIX. AND whereas in an Act which passed in the ninth year of his
late Majesty's reign, intituled "An Act to continue the
duties for encouragement of the Coinage of Monies and for relief of
William late Lord Widdrington, and to prevent foreign Lotteries being
'carried on in this kingdom, and for ascertaining the duty on bound
Books imported, and for issuing certificates and debentures for Arrears
due to five regiments to be satisfied by annuities therein mentioned,
and for discharging the duties on Rock-Salt lost on the rivers Wear
and Mercy, and for limiting the times of continuance of Commis-
⚫sioners for forfeited Estates in England and Scotland respectively, and
⚫ for appropriating the supplies granted to his Majesty in this session of
Parliament, and to rectify misnomers and omissions of Commissioners
for the Land Tax in the year one thousand seven hundred and twenty-
three," provision is made against selling or disposing of any tickets in
any foreign lottery under the penalty of forfeiting two hundred pounds
' and suffering one year's imprisonment for every such offence; yet in
'evasion of the said law and to the great prejudice and damage of many
of his Majesty's good subjects, several evil minded persons have under-
'taken to keep offices for the issuing of tickets or receipts for numbers in
'several foreign lotteries or classes of such lotteries or have made dupli-
'cates of such lotteries contrary to the true intent and meaning of the
'said Act:' For remedy whereof, Be it further enacted by the authority
aforesaid, That from and after the twenty-fourth day of June one thou-
sand seven hundred and thirty-three, if any person or persons shall sell
procure or deliver any ticket receipt chance or number in or belonging to.
any foreign lottery or pretended foreign lottery or in or belonging to any
class part or division of such lottery or pretended lottery or in or belong-
ing to any undertaking whatsoever in the nature of a lottery, or shall sell
procure or deliver any ticket receipt chance or number in or belonging to
any duplicate or pretended duplicate of any foreign lottery or pretended
foreign lottery, or shall receive or cause to be received any money what-
soever for any such ticket receipt chance or number or for or in conside-
ration of any money to be repaid in case any ticket or tickets number or
numbers in any foreign lottery or pretended foreign lottery or any class
part or division thereof shall prove fortunate and shall be convicted of
any of the said offences upon action of debt bill plaint or information in
any of his Majesty's courts of record at Westminster (in which no essoign
privilege protection or wager of law or more than one imparlance shall
be allowed) or upon the oath or oaths or affirmation or affirmations of
one or more credible witness or witnesses before two or more justices of
the peace of the county division or liberty where such offence shall be
committed or the offender shall be found (which oath or affirmation
such justices of the peace are hereby empowered and required to admi-
nister or give) the person so convicted shall for every such offence forfeit
the sum of two hundred pounds, one third part thereof to the use of his
Majesty his heirs and successors, one third part thereof to him her or
them who shall sue for the same or make information of the offence, and
the remaining third part thereof to the poor of the parish where such
offence shall be committed; the same (in case of conviction before two
justices) to be levied by distress and sale of the offender's goods by war-
rant under the hands and seals of such justices before whom such offender
shall be convicted; and shall also for every such offence by the court
or by such justices as the case shall happen be committed to the county
gaol, there to remain without bail or mainprize for the space of one whole
year, and from thence till the said sum of two hundred pounds so for-
feited as aforesaid shall be fully paid and satisfied.

XXX. Provided nevertheless, That any person who shall think him or herself aggrieved by the judgment or determination of such justices in any of the cases aforesaid, shall have liberty to appeal to the next quarter sessions to be held for the county city or place where such judgment or determination shall be made or given, and that the judgment to be given by the justices of the next quarter-sessions shall be final.

No. X.

6 Geo. II.

c. 35.

Appeal to the

Quarter Sessions, whose Determination shall be final. XXXI. And whereas by reason of the absence of several persons Relief for being creditors and others of the said corporation and of other impedi- Claims not dements and disabilities their respective claims could not be received termined in the heard adjusted and determined within the time limited and prescribed Time limited by by the Act herein first recited;' Be it therefore enacted by the authority the former Act. aforesaid, That the said Robert Holford John Bennet James Lightboun William Kynaston and Francis Elde or any three or more of them shall have full power and authority to state and ascertain the accounts and to hear and determine the claims and demands of all and every such person and persons being creditors of the said corporation, or intitled to any share or shares in the stock or fund of the said corporation or any ways interested in any of the effects of or belonging to the same, as have not made and entered their respective claims in the manner and within the time limited directed and prescribed by the said Act; provided the said claims be made on or before the twenty-fifth day of December in the year of our Lord one thousand seven hundred and thirty-three; any thing contained in the said Act to the contrary notwithstanding.

c. 28.

[No. XI. ] 12 George II. c. 28.-An Act for the more effectual preventing of excessive and deceitful Gaming. (1) WHEREAS in and by an Act of Parliament made and passed in the 12 George II. tenth and eleventh years of the reign of his late Majesty King William the Third, intituled "An Act for suppressing of Lotteries ;" 10 & 11 Will. 3. after reciting that for divers years before making the said Act several c. 17. evil disposed persons had set up many unlawful games called lotteries, not only in the city of London and Westminster and in the suburbs thereof but in most of the ancient towns and places in England and ⚫ the dominion of Wales, and had thereby most unjustly and fraudulently 'gotten to themselves great sums of money from the children and ⚫ servants of several gentlemen traders and merchants and from other unwary persons to the utter ruin and impoverishment of many families, it is declared and enacted, That all such lotteries and all other lotteries < are common and publick nuisances: And whereas in order to suppress all such lotteries, it is in and by the said statute enacted and declared, < That from and after the twenty-ninth day of December which shall be in the year of our Lord one thousand six hundred and ninety-nine no . person or persons whatsoever shall publickly or privately exercise keep open shew or expose to be played at drawn or thrown at or shall draw play or throw at any such lottery or other lotteries, either by dice lots cards balls or any other number or figures or any other way whatsoever under such penalties as in the said Act are mentioned and set forth; which said statute is inforced by an Act of Parliament made in the ninth year of the reign of her late Majesty Queen Anne, intituled " An 9 Annæ, c. 6. Act for reviving continuing and appropriating certain duties upon several § 56. commodities to be exported, and certain duties upon coals to be water- 10 Ann, c. 26. borne and carried coastwise; and for granting further duties upon 109. candles for thirty-two years; to raise fifteen hundred thousand pounds

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by way of a lottery for the service of the year one thousand seven hundred and eleven; and for suppressing such unlawful lotteries and such insurance-offices as are therein-mentioned:" And whereas in and by

(1.) The Stat. 27 Geo. 3. c. 1. which takes away the summary jurisdiction of Magistrates over Offences concerning the Lottery, only ex

tends to State Lotteries; and does not repeal their power over games of Chance or Lotteries prohibited by this Stat. Rex v. Liston, 5 T. R. 338.

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