페이지 이미지
PDF
ePub

the said justice so taken as aforesaid at the parish of aforesaid, that the said C. D. on the said day of, in the 57th year aforesaid, at the parish of -- aforesaid, within three months next before the said information was made before me the said justice by the said A. B. as aforesaid, unlawfully had in his custody two partridges, and did then and there sell [or offer to sell] them, contrary to the form of the statute in such case made and provided, and that the said C. D. had not then &c. [negativing all the qualifications], nor then was a person in any manner whatsoever qualified to kill game, and was then and there an innkeeper; and thereupon I the said justice upon the said day of, in the 57th year aforesaid, at aforesaid, do convict the said C. D. of the offence aforesaid in and by the said information charged against him, and the said C. D. is hereby convicted thereof by me the said justice upon the oath of one credible witness, according to the form of the statute in such case made and provided; and I the said justice do adjudge that the said C. D. for his said offence hath forfeited the sum of £10. of lawful money of Great Britain, that is to say the sum of £5. for each of the said partridges; and I do adjudge that one half the said sum be paid to the said informant A. B. and that the other half of the said sum be paid to the poor of the parish of where the said offence was committed, according to the form of the statute in that case made and provided. In witness whereof &c.

GAMING.

By stat. 33 Hen. VIII. c. 9, common gaminghouses are prohibited under a penalty of 40s. a day, and persons using the said houses to forfeit 6s. 8d. each time. s. 12.

Justices may enter suspected houses, and arrest and imprison the keepers and persons resorting there, until keeper gives surety no longer to keep the said house. s. 14.-No apprentice, artificer, &c. to play at unlawful games, except at Christmas,

under a penalty of 6s. 8d. each time. s. 16. By 12 Geo. II. c. 28, on proof by two witnesses, or on view, justices may commit offender, unless he gives security not to play in future. s. 9. and by 18 Geo. III. no person shall keep any gaminghouse, or permit gambling therein under the penalties imposed by 12 Geo. II. c. 28, s. 1.

By 9 Ann, c. 14, two justices, on just cause of suspicion, may cause any person to be apprehended who has no visible means of living, except by gaming, and may require security for good behaviour for twelve months, or commit him till such security is given. s. 6.

By 25 Geo. II. c. 36, houses of public amusement within London and twenty miles thereof (except the regular theatres and those licensed by the Crown or the Lord Chamberlain) to be licensed by four or more justices at the Michaelmas quarter sessions. s. 4. and houses not so licensed, to be deemed disorderly houses, and the keeper to forfeit £100. and full costs, to be sued for in six months; a constable by warrant of one justice may enter such house and seize every person found therein, in order that they may be dealt with according to law. s. 2.

The constable on notice given him in writing by two inhabitants of the parish, of any person keeping bawdy-houses, gaming-houses, or other disorderly houses, shall go with them to a justice of the peace, and shall, (on their making oath that they believe

the contents of such notice to be true, and entering into a recognizance in £20. each to produce evidence of such offence), enter into recognizance in

30. to prosecute; and on constable entering into such last recognizance, the justice shall issue his warrant to bring the accused party before him, and on their appearing shall bind them over to answer a bill of indictment; in the mean time (if he think fit) to give surety for their good behaviour. s. 5, 6. Constable neglecting to go before the justice and give recognizance, to forfeit £20. to each of the said inhabitants. s. 7. Constable to be paid, the reasonable expenses of the prosecution, to be ascertained by two justices, and to be paid by the overseers of the poor; if such person be convicted, the overseers to pay £10. to each of such inhabitants, and on neglect or refusal shall forfeit to the person entitled double the sum so refused or neglected to be paid. s. 5. The person acting as master to be deemed keeper of the said house. s. 8.

By 30 Geo. II. c. 24, innkeepers or alehousekeepers permitting gaming by servants, journeymen, labourers or apprentices, shall on conviction by confession or oath of one witness before one justice, within six months after offence committed, forfeit 40s. for every such offence, and for every other offence £10. to be levied by distress and sale by warrant of the convicting justice, threefourths of the penalty to be paid to the church

wardens for the use of the poor, and the other fourth to the informer.

If any journeyman game in any house where liquors are sold, on complaint thereof on oath, one justice may issue his warrant to apprehend the offender, who shall on conviction forfeit not more than 20s. nor less than 5s. one fourth to the informer and the residue to the poor; and if not paid, the offender to be committed to the house of correction or some other prison for one month to hard labour.

A witness refusing to appear and give evidence before justice, &c. may be committed to prison for not exceeding three months; and if on his exami nation such justice deem his evidence material, he may bind him by recognizance in a reasonable penalty to appear and give evidence. s. 16.

Appeal allowed to the party aggrieved to the next general or quarter sessions, on entering into a recognizance with two sureties in double the sum forfeited. The judgment of the sessions to be final.

8. 21.

By 27 Geo. III. c. 1, persons keeping any office for sale of lottery tickets or for registering num bers, without being licensed, to be proceeded against and punished as rogues and vagabonds within the meaning of 17 Geo. II. c. 5, but not to be liable to prosecution for pecuniary penalties and also to imprisonment as rogues and vagabonds. s. 7.

By 34 Geo. III. e, 40, on complaint on oath be

fore one justice of any offence committed against 27 Geo. III. for suppressing illegal lotteries, a justice within his jurisdiction may authorize, by warrant, any person employed by the commissioners of the stamp duties in the execution of the acts for regulating lotteries, to break open doors to seize offenders by day or night, (but if in the night in the presence of a constable, who is required to be aiding and assisting) and such persons to convey before any justice of the county, to be dealt with according to law, all persons discovered in such house or place as knowingly aiding or being concerned with such offenders, to be deemed and punished as rogues and vagabonds; and all persons, although not discovered in such house or place, who shall employ or cause to be employed any persons in carrying on such illegal transactions, shall also be deemed rogues and vagabonds. s. 37. Any person convicted by two justices of any offence against the act 27 Geo. III. c. 1, by which he shall be deemed a rogue and vagabond, such justices may order him to be sent to the house of correction for not more than six nor less than one calendar month, and until the final period of the drawing of the lottery in respect of which such offence shall be committed.

No appeal allowed nor proceedings removable by certiorari. s. 40.

By 42 Geo. III. c. 19, persons keeping lotteries called little goes, to be punishable as rogues and

« 이전계속 »