G A 
on orefening a bill to difcover what fums he hath won. 
—Perl'ons by fraud or ill praftice, in playing at cards, 
dice, or by bearing a lliare in the (takes, &c. or by bet- 
tijig, winning any fiim above ten pounds, (liall forfeit five 
times the value of the thing won, and fuffer fuch infamy 
and corporal punidtment, as in cafes of wilhil perjury, 
being convicted thereof on indictment or information; 
and the penalty (hall be recovered by aClion, by fuch per- 
fon as will fue for the fame. And if any one (tiall alfault 
and beat, or challenge to fight, any other perfon, on ac¬ 
count of money won by gaming, upon conviCtion thereof, 
he (liall forfeit all his goods and fuffer imprifonment for 
two years. Alfo by this (tatute, any two or more juitices 
of peace may caule fuch perfons to be brought before 
them as they fufpeCt to have no vifible eliates, &c. to 
maintain them ; and if they do not make it appear that 
the principal part of their expences is got by other means 
than the juitices (hall require fecurities for their 
good behaviour for twelve months; and in default of fuch 
leewrity, commit them to prifon until they find it: and 
playing or bettingduring the time, to the value of twenty 
Ihillings, (liall be deemed a breach of good behaviour, 
and a forfeiture of their recognizances. 
Where it (hall be proved before any jufiice of peace, 
that any perfon hath ufed unlawful games contrary to (ta. 
tiite 33 Hen. VIII. c. 9. the judice may commit fuch of¬ 
fer..fer to prifon, till he enter into a recognizance that he 
Ihall not from thenceforth, at any time to come, play 
at any unlawful game. Slat. 2 Geo. 11 . c. 28.—For 
better preventing exceffive and deceitful gaming; the ace 
of hearts, faro, faron, balTet, or hazard, are declared to 
be lotteries by cards or dice ; and perfons fetting up thefe 
games are liable to the penalty of two liundred pounds. 
And every perfon who (liall be an adventurer, or play or 
tiake therein, forfeits fifty pounds. Likewife tlie fale of 
any houfe, plate, dre, in the way of lottery by cards, &c. 
is adjudged void, and the things to be forfeited to any 
perfon that will fue for tlie fame. 12 Geo. II. c. 28.— 
The game of pafiTage, and all other games with one or more 
dice, or any thing in that nature, having figures or num¬ 
bers thereon, back-gammon and games now played with 
tliofe tables only excepted, (hall be deemed games or lot¬ 
teries by dice, within the (latute i 2 Geo. II. c. 28: and 
Inch as keep any office or table for the faid game, &:c. or 
play thereat, are fubjecl to the penalties in that adl. 
Slat. 13 Geo. II. c. 19.-—Playing at, or keeping any 
honfeor place for playing at, the game of roulet, other- 
wife roly-poly, or any other game with cards or dice al¬ 
ready prohibited, incurs the penalties in (fat. 12 Geo. II. 
cap. 28. Perfons loling ten pounds, and payingthe fame, 
may fue the winner, and recover the money with coifs; 
and on a bill in equity the court may decree the fame to 
be paid. The perfons who have jurifdidfion to determine 
informations on the llatutes againlf gaming, may fiimnioii 
witnelles, who, on refufing to appear and give evidence, 
fliall forfeit fifty pounds. No privilege of parliament 
fhall be allowed on profecutions for keeping a gaming- 
houfe. Perfons lofing or winning ten pounds at one time, 
or twenty pounds in twenty-four hours, may be indicted 
and lined five limes the value, to be paid to the poor. 
28 Geo. II. c. 34. 
By (fatute 30 Geo. I. c. 24. If any perfon licenfed to 
fell liquors (hall knowingly fuffer any gaming in tlieir 
lioufe or grounds, with cards, dice, draughts, (huffie 
boaids, niiilillippi, or billiard-tables, (kittles, or ninepins, 
by any journeymen, labourers, fervants, or apprentices, 
be (liall forfeit forty (hillings for the firlf, and ten pounds 
for every fubfequent offence; three-fourths to the poor, 
and one-fourtli to the informer.—Any journeyman, See. 
fo gaming, fhall forfeit from twenty fliillings to five fliil- 
lings.— 'Uq certiorari to be granted; but appeal given to 
the next feffions; and perfons puniffied by this a£t, not to 
fee punifhed by any other law. See the (fatute 25 Geo. II. 
c. 36. againft uivlicenfed houfes for niufiCj dancing, &c. 
the keeper of whief), fhall forfeit tool, 
yon. VIII, No. 496, 
M E. 
From the above fiatutes and the feveral determinations 
in the books, it may be obferved, that at common law, 
the playing at cards, dice, &c. wlien pra£fifed innocently, 
and as a recreation, was not unlawful. 2 Vent. 175. lint 
common gamingJwufes were always confidered as nnifances 
in the eye of the law. i Hatuk. P. C. c. 75. and as the 
practice was found to encourage idlenefs and debauchery, 
the (fat. 33 Hen. VIII. c. 9. was paflTed to reftrain it among 
the inferior fort of people. And on this (fauue Noy had 
a writ to remove bowling-allies as common nnifances. 
3 Keb. 465. Gentlemen were.however (till lett free to 
piirfue their pleafurein this way, until tlie (fatute 16 Car. 
II. c. 7. the preamble of which ftates the inconveniences 
to be remedied as ariling from the immoderate ufe of gam¬ 
ing. The provifioiis of this fiatute however were (oon 
found to be ini’ufficier.t ; and the (fatute 9 Ann. c. 14. was 
made for the more effedfiially fuppreffing this pernicious 
vice. The fubfequent (fatutes, already eniinierated above, 
fuperadded further penalties to reflrain this fafliionable 
crime; which.may fhew, fays Blackffone, that our laws 
againlf gaming are not fo deficient, as our raagiftrates in 
putting thofe laws in execution. 4 Comm. 173. 
Betting on horfe-races is within the general words of 
the (fatute 9 Ann. c. 14. zStra. iiec)-. Black. Rep. 706. 
So is cricket, i WHf. part i. p. 220. So is a foot-race ; 
and a footman running againlf time is a foot-race : but to 
bring it within the ftatute, it mult appear that a perfon 
was engaged in fuch game, and a wager was laid on his 
fide. zWilf. 36.—But on a wager between two perfons 
on the lives of their two fathers, the winner has been al¬ 
lowed to maintain an affion. Burr. 2802.—Where two 
perfons played at all-fours for two guineas a game, frora 
Monday evening to Tuefday evening, without any inter¬ 
ruption, except for an hour or two at dinner, tiie plaintiff 
lo(f fourteen guineas, for which he brought his adfion on 
(fatute 9 Ann. c. 14. and this was held to be one fitting. 
—One time in the aift means one (fake or bet; and is dif- 
tinguiflied from one fitting, which means a courfe of play 
where the company neverparts, though the party may not 
be adtually gaming the whole time, z Black. Rep. 1226. 
On a conviction for gaming under (fatute 9 Ann. c. 14. 
tlie judgment isonly that the defendant is convidted : and 
the court cannot fet a fine of five times the value, but a 
new action mult be brought upon that judgment for tiie 
forfeiture, zStra. 1048. But the (fatutesagainlf gaming 
have rendered it now lefs frequently neceifary torefort to 
courts of equity, which appear to have often interpofed, 
prior to the (fatute 16 Car. II. for the purpofe of relirain- 
ing the winner from proceeding at law againlf tlie lofeC 
upon the fecurity which he had obtained for the money 
won. See 14 Vin. Ah. 8. i. 3. Chan. Rep. 47. 
It is obfervable that the fiatute 16 Car. II. declaresthat 
the contract for money loft at play, and all fecurities-given 
for it ffiall be utterly void; but the ftatute 9 Ann. con¬ 
fines itfelf to the fecurities for money won or lent at play. 
Upon which it has been determined, that though both 
the fecurity and the contraCl are void as to money won at 
play, only the fecurity is void as to money lent at play^ 
and that the contraCf remains, and the lender may main¬ 
tain his aCfion for it. 2 Burr. 1077, 2 Stra. 1249.—Tlie 
flatutes having declared the fecurity void, a bill of ex¬ 
change given for money won at play cannot be recovered 
upon, even by an indorfee for valuable confideration, and 
without notice ; the original vice of the confideration af- 
feCfing the fecurity, even in t!ie hands of an innocent and 
bona fide holder. 2 5 ^ra. 1155. Dougl.6-^6. Andit feems 
that if money be paid on Inch fecurity, it may be reco¬ 
vered back : for payment under a void fecurity cannot be 
fiipported ; nor does the limitation of three months, within 
which time the lofer of money aCfually paid at the time 
it is loft muff bring his aCfion to recover it back, extend 
to payments on account of fuchvoid fecurities Ambl. 269. 
—For further information relative to the laws for the pii- 
niffiment oigamings fee the articles Lottery, Nuisance, 
apd W4CER. 
3 G CAME, 
