Page:Ruffhead - The Statutes at Large - vol 6.djvu/423

 A. D. 1739. - Anno duodecimo Georgii II. C. 28. 361 II. And it is hereby enacted and declared, That the faid Games of the Ace of Hearts, Pharaoh, Cames i Baffe't and Hazard are, and are hereby declared to be Games or Lotteries by Cards or Dice within the f n c ' : t, to ', '/.','. * h " Intent and Meaning of the faid in part recited Acts ; and that all and every Perfon or Perfons, who !" -j.'J aq.' (hall fet up, maintain or keep the faid Games of the Ace of Hearts, Pharaoh, BafTet and Hazard, (hall be fubject and liable to all and every the Penalties and Forfeitures in and by this Act inflicted upon any Perfon or Perfons, who (hall erect, fet up, continue or keep any of the faid Games or Lotteries in this prefent Act mentioned ; and (hall be profecuted and convicted, and the Penalties and Forfeitures lhall be fued for and recovered, in like Manner as the faid Penalties and Forfeitures arc by this Act di- rected to be fued for and recovered. III. And be it further enacted by the Authority aforefaid, That all and every Perfon and Perfons, who so i. penalty (hall be Adventurers in any of the faid Games, Lottery or Lotteries, Sale or Sales ; or lhall play, fet at, on theAdve (take or punt at either of the faid Games of the Ace of Hearts, Pharaoh, BafTet and Hazard, and ,um " (hall be thereof convicted in fuch Manner and Form as in and by this Act is prefcribed ; every fuch Perfon or Perfons (hall forfeit and lofe the Sum of fifty Pounds, to be hied for and recovered as aforefaid. IV. And it is hereby further enacted by the Authority aforefaid, That all and every fuch Sale or saiei by iot- Sales of Houfes, Lands, Advowfons, Prefentations to Livings, Plate, Jewels, Ships, Goods or other tcries void ; Things, by any Game, Lottery or Lotteries, Machine, Engine, or other Device whatfoever, depend- in^ upon, or to be determined by Chance or Lot, (hall and are hereby dejefered to be void to all Intents and Purpofes whatfoever : And all fuch Houfes, Lands, Advowfons, Prefentations to Livings, Plate, an d the Lands, Jewels, Ships, Goods or other Things, fet up and expofed to Sale in Manner and Form aforefaid, &c. forfeited. (hall be forfeited to fuch Perfon or Perfons who (hall fue for the fame, by Action, Bill, Plaint or Infor- mation, in any of his Majefty's Courts of Record, or at the Affizes for any County where the Offence fhall be committed ; in which Action, Bill, Plaint or Information, no Eflbin, Protection, Wager of Law, or more than one Imparlance (hall be allowed. V. Provided always, and it is hereby declared and enacted, That if any Perfon or Perfons fhall think Perfons ae:- him, her or themfelves aggrieved by the Judgment or Determination of any Juftice. or Juftices of the SS*dididu?r Peace or Mayor as aforefaid, upon any Conviction of or for any of the Offences in this Act ; fuch Per- {juai ter-Sefu- fon or Perfons may appeal from the faid Judgment of the faid Juftice or Juftices or Mayor to the next ons. General Quarter-Seflions of the Peace for the faid County, Riding, Divifion, City or Place where fuch erfon or Perfons was or were convicted; but the Perfon and Perfons fo appealing (hall, and he, file and they are hereby directed to give reafonable Notice to the Profecutor or Profecutors of fuch Perfon or Perfons as fhall fo appeal, of fuch his, her or their Intention of bringing and profecuting fuch Ap- peal, and (hall enter into a Recognizane before fome Juftices of the Peace for the County, Riding, Divifion, City or Place wherein the onviction or Judgment was made or given, with two fufficient Sureties, on Condition to try fuch Appeal at the next Quarter-Seffions, which fhall be held in and for " the County, Riding, Divifion, City or lace wherein fuch Conviction or Judgment was made or given, next and immediately after the bringing fuch Appeal ; and every fuch Appeal and Appeals (hall, by the Court at the faid next general Quarter-Seffions, to which fuch Appeal and Appeals is or are made, be then examined, and the Matter then finally heard and determined, and not afterwards ; and in cafe Appe ] Ij!nt t0 fuch Judgment, Determination or Conviction as aforefaid, fhall be then and there affirmed, the Party pay treiiieCofts, appealing fhall pay unto the Profecutor or Profecutors his, her or their treble Cofts ; and fuch Profe- if judgment be cutor and Profecutors fhall have fuch Remedy for the fame, as any Defendant or Defendants hath or aftirmed " have for Cofts of' Suit in any other Cafes by Law. VI. Provided always, and be it further enacted by the Authority aforefaid, That no fuch Conviction conviffions not • made, or Judgment given as aforefaid, by this Act, fhall be fet afide by the faid Court of Quarter- vacated for Seffions for want of Form, in cafe the Facts alledged in the faid Conviction (hail be proved to the ^ m 0l Form -' Satisfaction of the faid Court ; nor fhall fuch Conviction or Judgment be removed or removeable by Certiorari, or any other Writ or Procefs whatfoever, into any of his Majefty's Courts of Record at Wcjiminjier, until fuch Order or other Proceedings fhall have been firft removed to, and Judgment and • Determination given and made thereupon, by fuch Court of Quarter-Seffions as aforefaid. VII. Provided -alfo, and be it further enacted by the Authority aforefaid, That no Writ. of Certiorari . R, or other Procefs fhall iffue or be ifiuable to remove the Record of any fuch Conviction from the faid thereof remove- Court of Quarter-Seffions, or to remove any Order or other Proceedings taken or made by the faid able, but upon Court of Quarter-Seffions upon, touching or concerning fuch Conviction, into any of his Majef Courts of Record at IVeJimhijlcr, until the Party or Parties againft whom fuch Conviction fhall be m; before the Allowance of fuch Writ of Certiorari or other Procefs, fhall find two fufficient Sureties to become bound to the Profecutor in the Sum of one hundred Pounds, with Condition to profecute the fame with Effect within fix Calendar Months, and to pay unto the Profecutor or Profecutors his, her or their treble Cofts and Charges, in cafe fuch Order or Conviction (hall be affirmed. - VIII. And it is hereby further enacted and declared, That if any Perfon or Perfons, who fhall be „~., •nir r ■ r £.• ■ i. •" • i • r^ir-ir • .! /■■in Offender; not convicted cf erecting, letting up, maintaining or keeping any or the iaia Lotteries, or the laid Games able to pay the of the Ace of Hearts, Pharaoh, Baffet or Hazard, or therein or in either of them fhall adventure, and Penalties, to (hall not have fufficient Goods and Chattels whereon to levy the Penalties inflicted by this Act, or lhall beimpiifoned. not immediately pay the faid Penalties, or give Security for the fame; it (hall and may be lawful for .the faid Juftice or Juftices, before whom fuch Perfon (hall be convicted as aforefaid, to commit fuch Perfon or Perfons to the common Gaol of the County, Riding, Divifion, City or Place where fuch Offence fhall be committed, there to continue and remain for any Time not exceeding fix Months. IX. And be it alfo enacted, That if any Juftice of the Peace, or any other Juftice herein before de- p en altvon, fcribed, or Mayor of any Corporation, (hall neglect or refute to do what is required of him and them by Negk-e't 01 ru- tins Act ; fuch Juftices and Mayors fo neglecting or refuting fhall refpectively forfeit and pay the Sum C'j c '"' s ,J1 Vol. VI. *Au oV^ u - .„-„ 100I. Security. tade,