504 APPENDIX. 



said variance immaterial to the merits of the case, and the 

 misstatement such as could not have prejudiced the opposite 

 party in the conduct of the action or defence, give judgment 

 according to the very right and justice of the case. 

 Power to state 25. And be it further enacted, That it shall he lawful for 

 a special case q^q parties in any action or information, after issue joined, by 

 ceedino- to°" consent and by order of any of the judges of the said superior 

 trial. ° courts, to state the facts of the case, in the form of a special 



case, for the 02:)inion of the court, and to agree that a judg- 

 ment shall be entered for the plaintiff or defendant, by con- 

 fession or of nolle prosequi, immediately after the decision of 

 the case, or otherwise as the court may think fit; and judg- 

 ment shall be entered accordingly. 



5 & 6 AYiLL. IV. Cap. 41. 



An Act to amend the Laiv relating to Securities given for Con- 

 siderations arising out of gaming, usurious and certain other 

 illegal Transactions. 



16 Car. 2, c. 7. Whereas by an act passed in the sixteenth year of the reign 

 of his late majesty King Charles the Second, and by an act 

 2:)assed in the parliament of Ireland in the tenth year of the 



10 Will. 3, (I.) reign of his late majesty King William the Third, each of 



such acts being intituled " An Act against deceitful, disorderly 

 and excessive Gaming," it was enacted, that all and singular 

 judgments, statiites, recognizances, mortgages, conveyances, 

 assurances, bonds, bills, specialties, promises, covenants, 

 agreements, and other acts, deeds, and securities whatsoever, 

 which should be obtained, made, given, acknowledged, or 

 entered into for security or satisfaction of or for any money 

 or other thing lost at play or otherwise as in the said acts 

 respectively is mentioned, or for any part thereof, should be 

 9 Ann. c. 14. utterly void and of none effect : and whereas by an act j)assed 

 in the ninth year of the reign of her late majesty Queen 

 Anne, and also by an act passed in the parliament of Ireland 



11 Ann. (I.) in the eleventh year of the reign of her said late majesty, each 



of such acts being intituled " An Act for the better preventing 

 of excessive and deceitful Gaming," it was enacted, that from 

 and after the several daj^s therein respectively mentioned all 

 notes, bills, bonds, judgments, mortgages, or other securities 

 or conveyances whatsoever, given, granted, drawn, or entered 

 into or executed by any person or persons whatsoever, where 

 the whole or any jiart of the consideration of such convey- 

 ances or securities should be for any money or other valuable 

 thing whatsoever won by gaming or playing at cards, dice, 

 tables, tennis, boicls, or other game or games xohatsoever, or hy 

 betting on the sides or hands of such as did game at any of the 



