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the contents of such notice to be true, and entering into a recognizarice 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. 6. 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. 4. 5. The person acting as master to be deemed keeper of the said house. s. 8.
By 30 Geo. II, c. 24, innkeepers or alebousekeepers 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 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 examination such justice deem bis 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.
By 27 Geo. III. c. 1, persons keeping any office for sale of lottery tickets or for registering 'numbers, 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. c. 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
vagabonds, and one justice may by warrant authorize to be broken open doors of a house where such little goes are kept, and seize offenders, as in S. 37 of last recited act. S. 4. No person
shall agree to pay any sum of money or deliver any goods, or do or forbear to do any thing on any event or contingency relative to the drawing of
ticket or number in the lottery, under penalty of £100. for each offence. s. 5. offenders may be apprehended on the spot and conveyed before any justice residing near ; such justice on due proof of the offence may give judgment, and if the penalty awarded is not immediately paid, he may commit the offender to prison without bail and without appeal, for not more than six calendar months, nor less than one month, or until the penalty is paid; such penalty to be one-third to the King, one-third to the informer, and one-third to the person apprehending and securing the offender. s. 6.
Notice by tuo Inhabitants to the Constable to ground a
Prosecution, under 25 Geo. II. c. 36.
To A. B. Constable of the parish of - in the county of
We C.D. and E. F. two of the inhabitants of the said parish of - paying scot and bearing lot therein, do hereby give you notice that G. H. of the said parish of innkeeper, doth keep a bawdy-house, gaming-house and disorderly house, to wit at his dwelling house in the said parish, known by the name or sign of the And we do hereby also require you the said constable forthwith to go with us
before some one of His Majesty's justices of the peace in and for the said county of - to the intent that such proceedings may be had for the prosecution of the said G. H. for the said offence as by law is required. Witness our hands the
Affidavit of the truth thereof.
C. D. and E. F. of severally make oath and say that they severally believe the contents of the notice hereto annexed (a copy of which they have caused to be served on A. B. constable of the parish of - in the said county,) to be true in substance and matter of fact,
E. F. Sworn &c.
Recognizance to give Evidence. to wit.
Be it remembered, That C. D. of and E. F. of on the day of - in the our Lord 1817, at in the county aforesaid, came before me S. P. Esq, one of His Majesty's justices &c. and severally acknowledged themselves to owe to our Sovereign Lord the King the sum of £ 20. each.
Whereas the above bounden C. D. and E. F. have given notice in writing to A. B. constable of the said parish of — that one G. H. of - aforesaid, innkeeper, doth keep a bawdy-house, gaming-house and disorderly house. Now the condition of the above obligation is such, that if the above bounden C. D. and E. F. shall give or produce material evidence against the said G. H. for the said offence, at the next general quarter sessions of the peace to be holden in and for the said county, then this recognizance to be void, otherwise of force.