[**667]

Indict

game called Faro, and the said last mentioned idle and ill disposed persons to be and remain in the said last mentioned common gaming house, and to game and play together at the said unlawful game called Faro, on the said, &c. and on the said last mentioned other days and times there did unlawfully and injuriously procure, permit and suffer, and the said last mentioned persons, in the said last mentioned common gaming house there, on the said, &c. and on the said other days and times, by such last mentioned procurements, permission and sufferance of the said W. C. did game and play together at the said unlawful game called Faro, to the great encouragement, &c. [as in first count.] [Fourth count like the third, saying, "common gaming room and place."]

[Commencement* as ante 2.] That S. F. late of, &c. being an evil disposed person, and not minding to gain his ment for livelihood by honest labour, on, &c. and on divers other days keeping a and times, between that day and, &c. with force and arms, at, gaming &c. aforesaid, unlawfully and injuriously did keep and mainhouse for tain a certain common gaming house there situate, for lucre billiards. and gain, and in the said common gaming house, on the said,

common

(c)

&c. and on the other days and times there, unlawfully and wilfully did cause and procure divers idle and evil disposed persons to frequent and come to play together at a certain unlawful game called billiards, and in the said common gaming house, on the said, &e. and on the said other days and times, there unlawfully and wilfully did permit and suffer the said idle and evil disposed persons to be and remain playing and gaming at the said unlawful game called billiards, for divers large and excessive sums of money, to the great damage and common nuisance of all the liege subjects of our said lord the king, against the peace of our said lord the king, his crown and dignity. [Second count, "common gaming room," &c.]

INDICTMENTS, &c. FOR UNLAWFUL GAMING.

For gamThat A. B. late of, &c. being a person of ill name, fame, ing upon and dishonest conversation, on the fourth day of December, 18 Geo. in, &c. with force and arms, at, &c. and not within any of the

II. c. 34, s.

8. (d)
First
count, for
winning
(d) See other precedents, 6 Went.
more than 432. Cro. C. C. 8th ed. 231 Cro. C.
107. at a C. 7th ed. 435. 437, 8. 4 Wentw.
sitting.

(c) See form, 6 Went. 384. and
ante 673, and notes.

355. Starkie, 436. As to the offence
see in general, Hawk. b. 1. c. 92.
Bac. Abr. Gaming, Burn. J. Gaming.
Williams, J Gaming. Cro. C. C. 232.

3, and notes ante 673, 4. On Gaming houses and the statutes, 2 Geo. II. c. 28. 12 Geo. II. c. 28. 25 Geo. II. c. 36. s. 5. and 16 Car. II. c. 7. The 18 Geo. II. c. 34. s. 8. passed to explain, amend, and render more ef fectual the laws in being to prevent excessive and deceitful gaming, enacts, that if any person shall win or

palaces of our* said lord the king, of St. James, or White- [*678] hall, nor within any other royal palace (e) of our said lord the king, was then actually residing (f) did play with dice at a certain game called backgammon, with one C. D. and that the said A. B. then and there, with force and arms, by playing at the said game with the said C. D. as aforesaid, did at one time and sitting, unlawfully win of the said C. D. above the sum of ten pounds at the said game, to wit, the sum of, &c. lawful, &c. against the form of the said statute, &c. and against the peace, &c. And the jurors, &c. further present, Second that the said A. B. being a person of ill name, fame and dis- count, for honest conversation, on the fourth and fifth days of December, fence on that is to say, in the evening or the night of the fourth, and two days. on the morning of the fifth day of December, in, &c. aforesaid, with force and arms, at the said, &c. [as in first count to the end.] And the jurors, &c. that the said A. B. being Third a person of ill fame and dishonest conversation, on the count, fot fourth day of December, in the twentieth year aforesaid, 201. within winning

lose at play, or by betting, at any one time, the sum or value of ten pounds, or, within the space of twenty-four hours, the sum or value of twenty pounds, such person shall be liable to be indicted for such offence within six months after it is committed, either before his majesty's justices of the king's bench, assize, gaol delivery or grand sessions; and being thereof legally convicted, shall be fined five times the value of the sum so won or lost; which fine (after such charges as the court shall judge reasonable, allowed to the prosecutors and evidence out of the same) shall go to the poor of the parish or place where such offence shall be committed, s. 8. But any offender causing another to be convicted will be indemnified himself, and will be a competent witness on the trial, s. 9. In the construction of this statute it has been holden, that a wager on some matter arising from the game and collateral to it, but not on the event itself, is not an offence within it, 1 Salk. 344, Hawk. b. 1. c. 92. s. 47. So that a bet on some dispute, as to the mode of playing a game, is not thus punishable, id. ibid. though if the game were illegal, no action would lie on the part of the winner to recover the sum lost, 2 Hen. Bla. 43. Nor is a wager between two persons, that a third will run a certain distance in a specific Crim. Law.

same of

twenty

time, within the statute. But it is four hours,
not necessary, in order to constitute by playing
a winning or losing above ten pounds at back-
at one time within the words of the gammon.
act, that there should be no intermis-
sion in the play, for it will suffice if
the parties remain in company, and
only desist to refresh themselves for
a short interval. 2 Bla. Rep. 1226.
Hawk. b. 1. c. 92. s. 54.

(e) As the penalty is given to the
poor of the parish it is said that the
offence should be laid to have been
committed within a parish, in order
that the fine may be regularly appli-
ed. Starkie, 477, w. y. But Look-
up's case, there cited, was that o fa
penal action; and if it be correct
that no judgment for the fine can
be given on an indictment, the rea-
son will not apply, and there will
be a clear distinction between the
modes of proceeding, 2 Stra. 1048.
However the question is of little im-
portance, since the offence must be
on general principles, laid in a ville,
which is now almost uniformly a
parish.

(f) It is clearly not necessary to negative, or in any way notice this exception, as it is not contained in the enacting clause of the statute, nor does it constitute any part of the description of the offence. See ante 1 vol 283. n. (a) and subsequent notes and numerous cases there cited.

VOL. III.

P

Seventh count, for winning

more than 107. at a

with force and arms, at the said, &c. and not within, &c. [*679] did play with dice at the aforesaid game called the backgammon, with the said C. D. as aforesaid, and did, within the space of twenty-four hours, unlawfully and unjustly win of the said C. D. above the sum of twenty pounds at the said game, to wit, &c. of lawful, &c. against the form, &c. and against the peace, &c. [Fourth count, varying from the last in the same way that the second does from the first, viz. in laying the offence as partly on the evening and night of one day, and partly on the morning of the other. Fifth count like the first, only laying the day on the sixth instead of the fifth of December. Sixth count like the third, only laying the day on the sixth of December.] And the jurors, &c. do further present, that the said C. D. on &c. aforesaid, at, &c. aforesaid, and not within, &c. did play at dice at the aforesaid game called backgammon, with one E. F. and that the said A. B. being a sitting, by person of, &c. with force and arms, then and there, at one time betting on and sitting, did unlawfully and unjustly win of the said C. D. by his the said A. B. then and there betting on the side of him the said E. F. who then and there played with the said C. D. as aforesaid, above the sum of ten pounds, to wit, the sum of, &c. of lawful, &c. against the form, &c. and against the peace, Eighth &c. And the jurors, &c. do further present, that the said C. count, for D. on, &c. aforesaid, at, &c. aforesaid, and not within, &c. did winning play, &c. with the said E. F. and that the said A. B. being, 201, within &c. with force and arms, did, within the space of twenty-four twentyhours, unlawfully and unjustly win of the said C. D. by his four hours the said A. B. then and there betting on the side of him the said E. F. who then and there played with the said C. D. as aforesaid, above the sum of twenty pounds, to wit, the sum of, &c. of lawful, &c. against the form, &c. and against the peace, &c. [Ninth count like the seventh, only laying the day on the sixth of December. Tenth count like the eighth, with the same variation.]

the side of

another player.

more than

by bet

ting.

On 18

24. s. 8.

That G. S. late of, &c. on, &c. with force and arms, at, &c. Geo. II. c. and not within any of the royal palaces of our said lord the for losing king, wherein our said lord the king did then actually reside, more than (g) did play at dice with T. M. N. esq., at a certain game called pass dice, and that the said G. S. with force and arms, by Rounds then and there playing at the said game with the said T. M.

twenty

within

twentyN. on, &c. aforesaid, within the space of twenty-four, to wit, four hours. within the space of five hours, at, &c. in, &c. unlawfully did () lose at the said play, to the said T. M. N. above the sum of [*680] twenty pounds, to wit, the sum of, &c. to the evil* example, &c. and against the, &c., and also against the form of the sta

(f) See form 4 Went. 355.
(g) Not necessary, see ante

678, n. f. and 1 vol. 283.

fute, &c. [Second count like the first, leaving out the name of the game.]

at one time

received

That L. W. late of, &c. after the first day of May, in the On 9 Ann, year of our lord one thousand seven hundred and eleven, to c. 14. For winning wit, on, &c. at, &c. aforesaid, did, by gaming and playing at above ten cards with N. O. gentleman, win of the said N. O. at one pounds time and sitting, above the sum of ten pounds, that is to say, at cards, the sum of one thousand and fifty pounds. And the jurors, and sit&c. do further present, that the said L. U. afterwards, to wit, ting. (g) on, &c. at, &c. aforesaid, did receive, obtain and acquire to First himself, of, and from the said N. O., for, and in satisfaction count, stating that of the said one thousand and fifty pounds, so won as afore- defendant said, three several promissory notes, each note of the value of won of, three hundred and fifteen pounds, the property of the said N. &c. so O. amounting together to the value of nine hundred and for- much, and ty-five pounds, each of which said notes was signed on the notes for behalf of M. and company, then being bankers in London, the mointitling the bearer of each of the said respective notes to the ney. (g) sum of three hundred and fifteen pounds, and also one other promissory note of the value of one hundred and five pounds, the property of the said N. O. signed on the behalf of F. C. and company, bankers in London, intitling the bearer thereof to the sum of one hundred and five pounds, to the great damage of the said N. O., to the evil example of all others, &c. against the form of the statute, &c. and against the peace, &c. And the jurors aforesaid do further present, upon their oath Second aforesaid, that the said L. U. on the said, &c. at, &c. afore- count, stasaid, did, by gaming and playing at cards with the said N. ting a playing, 0. gentleman, win, obtain and acquire to himself, at one time by which and sitting, above the sum of ten pounds, that is to say, the he acquirsum of one thousand and fifty pounds, of, and from the said ed, &c. N. O. to the great damage, &c. [as supra.] [Commencement as ante 2.] That R. H. late of, &c. not regarding the laws and statutes of this realm, nor fearing the For fraupains and penalties contained therein, on, &c. with force and winning arms, at, &c. aforesaid, by fraud, shift, cozenage, circumven- money at tion, deceit, unlawful device, and ill practice in playing with dice. (h) dice, did win, obtain, and acquire to himself, twelve pounds nineteen shillings and sixpence of lawful, &c. of the monies of one G. D. of, and from him the said G. D., in, and by playing with him the said G. D. at dice, to the great damage of [*681] the said G. D., against the form of the statute, &c. and against the peace, &c.

(g) Cro. C. C. 8th Ed. 231. 7th Ed. 435.

(h) See other Precedents. Cro.

C. C. 8th Ed. 231. 7th Ed. 439.
Starkie, 476.-As to the offence,
see in general Hawk. b. 1. c. 92.

omitting the notes.

dulently

INDICTMENTS FOR SELLING OFFICES,
BRIBERY, &c.

Indict- That before, and at the time of the committing the ofment for fence herein after next mentioned, one W. W. since deceascorruptly ed, was an officer and person duly appointed and authoagreeing rized by our sovereign lord the now* king, to manage the the office duties on stamped vellum parchment and paper, in a certain office, to wit, in a certain office relating to the reve