49G 



APPENDIX. 



Offenders not 

 able to 11 ay 

 the penalties 

 to be im- 

 prisoned. 



Penalty on 

 neglect of 

 justices or 

 mayors. 



This act not 

 to hinder any 

 games in 

 palaces where 

 the king re- 

 sides ; 



nor to affect 

 the right to 

 any lands, &c 

 held by lot. 



8. Aud it is hereby further enacted and declared, That if 

 any person or persons who shall he convicted of erecting, 

 setting up, maintaining or keeping any of the said lotteries, or 

 the said games of the ace of Jiearts, j-iJiaruoh, basset or hazard, 

 or tlierein or in either of tliem shall adventure, and shall not 

 have sufficient goods and chattels whereon to levy the penal- 

 ties inflicted by this act, or shall not immediately pay the said 

 penalties, or give security for the same, it shall and may be 

 lawful for the said justice or justices, before whom such per- 

 son shall be convicted as aforesaid, to commit such person or 

 persons to the common gaol of the county, riding, division, 

 city or place where such offence shall be committed, there to 

 continue and remain for any time not exceeding six months. 



9. And be it also enacted, That if any justice of the peace, 

 or any other justice hereinbefore described, or mayor of any 

 corporation, shall neglect or refuse to do what is required of 

 him and them by this act, such justices and mayors so neg- 

 lecting or refusing shall respectively forfeit and pay the sum 

 of 'Ten pounds for each offence ; one moiety whereof to be paid 

 to any person or persons who shall sue for the same, and the 

 other moiety thereof to the poor of the parish or place where 

 such offence shall be committed (y), and shall be recovered 

 with full costs of suit, by action, bill, plaint or information in 

 any of his majesty's courts of record, or at the assize for any 

 county ; in which action, bill, plaint or information no essoign, 

 protection or wager of law, nor more than one imparlance 

 shall be allowed ; such prosecution being commenced within 

 six months next after such refusal of such justices or mayor. 



10. Provided always, and it is hereby enacted and de- 

 clared. That nothing in this act or in any former acts against 

 gaming contained shall extend to prevent or hinder any 

 person or persons from gaming or playing at any of the games 

 in this or in any of the said former acts mentioned within any 

 of his majesty's royal palaces, where his majesty, his heirs 

 and successors shall then reside. 



11. Provided always, and it is hereby further enacted and 

 declared. That nothing herein contained shall extend, or be 

 any ways construed, deemed or taken to extend, or in any 

 sort to affect or prejudice any estate or interest in, out of, or 

 to any manors, honours, royalties, lands, tenements, advow- 

 sons, presentations, rents, services and hereditaments what- 

 soever, which shall or may at any time or times hereafter be 

 according to the laws now in being legally allotted to, or held 

 by, or by means of any allotment or partition by lots (A) ; but 

 that all persons who now are, or that shall hereafter become 

 really and truly seised as part owners, joint tenants, and 

 tenants in common of any manors, honours, royalties, lands, 

 tenements, advowsons, presentations, rents, services, and 



{g) But see 46 Geo. 3, c. 148, s. 59. 



(/() See Ballot in Land Societies, ante. Part 3, Chap. 4. 



