Page:Ruffhead - The Statutes at Large - vol 6.djvu/421

 A. D. 1739. Anno duodecimo Georgii II. C. 28. 359 ' Jfjize in his own Country, Sec. it is amongft other Things enacted, That no Juftice nor other Man ' learned in the Law of this Realm (hall ufe or cxercife the Office of Jufiice of Affize within any ' County where the faid Juftice was born or cloth inhabit, upon Pain to forfeit for every Offence ' done contrary to the laid Ac!,, one hundred Pounds: And whereas fuch Acts have been conftrued ' to extend, not only to Juftices of Aflize and Juftices of Gaol Delivery, but alfo to Jufticcs of ' Ni/i priu ■> anc l Juftices of Oyer and Terminer; which Construction hath been attended with very ' crreat Inconveniencies;' For Remedy thereof, be it enacted by the King's mod Excellent Majefty, by and with the Advice and Confcnt of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That it mall and may be lawful judges impow- from time to time and at all Times hereafter, to and for the Chief Juftice and Juftices of either cred to »a as Bench, and to and for the Chief Baron, and other Barons of the Court of Exchequer, and to and ^"i*""^ 3 "',, for any other Perfon or Perfons learned in the Law, who (hall be appointed Juftice or Juftices of their ownCoim- Oycr and Terminer or Gaol Delivery in any County or Counties within that Part of Great Britain ties. called England, to ufe and exercife the Office or Offices of Juftice or Juftices of Oyer and Terminer or Gaol Delivery, in any fuch County or Counties, notwithstanding they or any of them fhall have been born or do inhabit within any fuch County or Counties, and that they (hall not be liable for fo doing to the faid Penalty or Forfeiture of one hundred Pounds, or to any other Forfeiture or Pe- iulty whatsoever ; any Thing in the faid recited Acts, or either of them, or any other Law, Cuftcm, ur Ufage to the contrary in any wife notwithstanding. CAP. XXVIII. An Aft for the more effectual preventing of exceffive and deceitful Gaining. WHEREAS in and by an Ait of Parliament made and palled in the tentli and eleventh preamble, re- Years of the Reign of his late Majefty King William the Third, intituled, An Aft for citing the lAfls- ' fupprcjjing of Lotteries ; after reciting, that for divers Years befoie making the laid. Act feveral evil- *° „ " ' J " ' diipoled Perfons had fet up many unlawful Gaines called Lotteries, not only in the City of London and 1 Weflminflcr and in the Suburbs thereof, but in molt of the ancient Towns and Places in England and the Dominion oiJVales; and had thereby molt unjuftly and fraudulently gotten to themielves- great Sums of Money from the Children and Servants of feveral Gentlemen, Traders and Mer- chants, and from other unwary Perfons, to the utter Ruin and Impoverishment of many Families, it is delared and enacted, That all fuch Lotteries, and all other Lotteries, are common and publics Nuifances : And whereas in order to fupprefs all fuch Lotteries, it is in and by the faid faid Sta- i' tute enacted and declared, That from and after the twenty-ninth Day of December which fhall be 1 in the Year of our Lord one thoufand fix hundred and ninety-nine, no Perfon or Perfons what- ' foever fhall publickly or privately, exercife, keep open, fhew, or expofe to be played at, drawn or ' thrown at, or (hail draw, play or throw at any fuch Lottery, or other Lotteries, either by Dice, ' Lots, Cards, Balls, or any other Number or Figures, or any other way what foever, under fuch ' Penalties as in the faid Act are mentioned and fet forth ; which faid Statute is inforced by an Act An Aft for reviving, continuing end appropriating certain Duties upon feveral Commodities to he exported. £ 6 j nn c „ 6- ' and certain Duties upon Coals to be water-born and carried coaflivife ; and for granting further Duties § j 09 .' ' upon Candles for thirty-two Years ; to raife fifteen hundred thoufand Pounds by way of a Lottery, for i tee Service of the Tear one thoufand feven hundred and eleven; end for fuppreffing fuch unlawful Lotteries, ' and fuch Iiifurance-offices as are therein mentioned : And whereas in and by one other Act of Parlia- ' .ment made and palled in the eighth Year of the Reign of his late Majefty King George the Firft, '■% Geo. r. c. 2,': ' of a Lottery, for the Service of the Tear one thoufand feven hundred and twenty-two ; and for transferring ' the Deficiencies of a late Malt Aft to the Land Tax for the faid Tear ; and for giving Time for infert- >,d I 9 Ca^i- c.io* ' of England to return Duplicates of Annuities into the Exchequer ; it is enacted, That all and every ' Perfon or Perfons, who after the twenty-firft Day of December in the Year of our Lord one thou- ' fsnd feven hundred and twenty-one, (hall erect,, fet up, continue or keep, or (hall caufc or procure ' to be erected, fet up, continued or kept, any Office or Place, under the Denomination of Sales of ' Houfes, Lands, Advowfons, Presentations to Livings, Plate, Jewels, Ships, Goods or other Things, ' for the Improvement of fmall Sums ol Money, or (hall fell, or expofe to Sale any Houfes, Lands, ' Advowfons, Prefentations to Livings, Plate, Jewels, Ships, Goods, or other Things, by way of ' Lottery, or by Lots, Tickets, Numbers or Figures ; or fhall make, print, advertife or publifh, or ' caufe to be made, printed, advertifed or publilhed, Propofals or Schemes for advancing fmall Sums ' of Money by feveral Perfons, amounting in the whole to large Sums, to be divided among them. 4 by the Chances of the Prizes in fome publick Lottery cr Lotteries eftabliShed or allowed by Act " of Parliament ; or (hall deliver out, or caufe or procure to be delivered out, Tickets to the Perfons 1 advancing fuch Sums, to entitle them to a Share of the Money fo advanced, according to fuch ' Propofals or Schemes ; or (hall make, print or publifh, or caufe to be made, printed or published* ' any Propofal or Scheme of the like Kind or Nature under any Denomination, Name or Title ' whatfoever, and fhall be thereof convicted upon the Oath or Oaths, of one or more credible Wit-
 * of Parliament made in the ninth Year of the Reign of her late Majefty Queen Anne, intituled, f 9 Anna?, c. 6V
 * intituled, An Aft for continuing the Duties on Malt, Mum, Cyder and Perry, to raife Money by way § s 6 -
 * nefa