86 'judgment and determination given and made thereupon, by "such court of quarter-sessions as aforesaid." Sect. 19. By 12 Geo. 2. c. 28. s. 7. it is also provided, Record remove"That no writ of certiorari, or other process, shall issue or be able upon 1001. "issuable to remove the record of any such conviction from the security. "said court of quarter-sessions, or to remove any order or other proceedings taken or made by the said court of quarter-sessions "upon, touching or concerning such conviction, into any of his "majesty's courts of record at Westminster, until the party or "parties against whom such conviction shall be made, before the "allowance of such writ of certiorari, or other process, shall find "two sufficient sureties to become bound to the prosecutor in "the sum of one hundred pounds, with condition to prosecute "the same with effect within six calendar months, and to pay "unto the prosecutor or prosecutors, his, her, or their treble "costs and charges, in case such order or conviction shall be "affirmed." 66 Sect. 20. By 12 Geo. 2. c. 28. s. 8. it is enacted, "That if Offenders not any person or persons who shall be convicted of erecting, set- able to pay the ting up, maintain, or keeping any of the said lotteries, or the penalties, to be imprisoned. "said games of the ace of hearts, pharaoh, basset, or hazard, or "therein or in either of them shall adventure, and shall not have "sufficient goods and chattels whereon to levy the penalties in"flicted by this act, or shall not immediately pay the said penal"ties, or give security for the same; it shall and may be lawful "for the said justice or justices, before whom such person 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." or mayors. + Sect. 21. By 12 Geo. 2. c. 28. s. 9. it is also enacted, "That Penalty on neg"if any justice of the peace, or any other justice herein-before lect of justices "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 neglecting 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; and shall "be recovered with full costs of suits, by action, bill, plaint, or "information, in any of his majesty's courts of record, or at the "assizes for any county; in which action, bill, plaint, or informa❝tion, no essoin, protection, or wager of law, nor more than one imparlance shall be allowed; such prosecution being com"menced within six months next after such refusal of such jus"tices or mayor." 66 hinder any games in palaces + Sect. 22. By 12 Geo. 2. c. 28. s. 10. it is provided, "That This act not to nothing in this act, or in any former acts against gaming contained, shall extend to prevent or hinder any person or persons where the king "from gaming or playing at any of the games in this or in any of resides; "the said former acts mentioned within any of his majesty's "royal nor to a ffect the right to any lands, &c. held by lot. Limitation of actions. General issue. Treble costs. royal palaces, where his majesty, his heirs or successors shall "then reside." ،، ،، 66 + Sect. 23. By 12 Geo. 2. c. 28. s. 11. it is also provided, "That nothing herein contained shall extend, or be in any ways “ construed, deened, 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, advowsons, presentations, “ rents, services, and hereditaments whatsoever, 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; 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, pre"sentations, rents, services, and hereditaments, shall, and he, "she, and they, and his, her, and their heirs and assigns is and "are hereby made and continued capable to accept and take "such estates and interest, and parts therein, in such and the "like manner, and to such and the like uses, as he, she, or they “ might, would, or could, have done by, or by virtue or in consequence of any lot, scroll, chance or allotment whatsoever, "had this present act never been made; any thing herein con"tained to the contrary thereof notwithstanding." 66 + Sect. 24. By 12 Geo. 2. c. 28. s. 12. it is further enacted, "That if any suit or action shall be commenced or prosecuted against any person or persons for any thing done in pursuance "of this act, every such suit or action shall be commenced within "three calendar months next after the fact was committed, and "not afterwards; and shall be laid or brought in the county, city, or place where the cause of action shall arise, and not elsewhere; and the defendant and defendants therein shall and may plead the general issue, and give this act and the special "matter in evidence at the trial to be had thereupon, and that "the same was done in pursuance of, or by the authority of “ this act; and if the plaintiff or plaintiffs shall become non، suited, or discontinue his, her, or their action or actions, suit "or suits, or if upon demurrer judgment shall be given against "the plaintiff or plaintiffs; the defendant or defendants shall "and may recover treble costs, and have like remedy for the 66 same, as any defendant or defendants hath or have for costs in any other cases by law." + Sect. 25. By 15 Geo. 2. c. 19. s. 9. it is recited, "That 12 Geo. 2. c. 28. whereas a good and wholesome law was made in 12 Geo. 2. for the more effectual preventing excessive and deceitful gaming; but, contrary to the true intent and meaning thereof, some fraudulent and deceitful games have been invented, and a certain game called passage is now daily practised and carried on, to the ruin and impoverishment of many of his majesty's subjects;" it is therefore enacted, "That the said game of passage, and all and 66 every other game and games invented, or to be invented, with one or more die or dice, or with any other instrument, engine, ،، 66 ΟΙ 66 66 games 2. c. 7. with dice, or device, in the nature of dice, having one or more figures or Games of pas"numbers thereon (backgammon and the other games now sage, and other played with the backgammon tables only excepted), are and prohibited. See "shall be deemed to be games or lotteries by dice within the farther, 29 Geo. “intent and meaning of the preceding statute: and all and every 66 person and persons who shall set up, maintain, or keep any "office, table or place (save and except as in the preceding sta"tute is provided and declared) for the said game of passage, or "for any other such game or games as aforesaid (backgammon " and the other games now played with the backgammon tables "only excepted,) shall severally forfeit, be subject and liable to, "all and every the penalties and forfeitures in and by the preceding statute inflicted upon any person or persons who shall " erect, set up, continue, or keep any of the games or lotteries "in the preceding statute mentioned; and all and every person "or persons who shall play, set at, stake, or adventure at the "said game of passage, or at any other such game, as aforesaid (backgammon and the other games now played at the backgammon tables only excepted), save and except as in the preceding statute is provided and declared, he and they respectively shall severally forfeit, be subject and liable to all and every the penalties and forfeitures in and by the preceding "statute inflicted upon any person or persons who shall play set at, stake, or adventure at any of the said games in the pre"ceding statute mentioned; and all every such offenders respec"tively shall be prosecuted and convicted, and the several penal"ties and forfeitures shall be sued for and recovered and disposed of in like manner, and to such uses as the several penal"ties and forfeitures in either of such cases are by the preceding "statute directed to be sued for, and recovered, and disposed of." 66 66 66 66 66 Sect. 26. By 13 Geo. 2. c. 19. s. 10. it is further enacted, "That in any action, bill, plaint, or information to be brought "or commenced by virtue of this act, no essoin, protection, wager of law, or more than one imparlance, shall be allowed; "and that over and above the penalties and forfeitures to be "recovered by virtue of this act, the plaintiff or informer shall "recover his or her double costs." Stock Jobbing. Double costs. 2069. Sect. 1. By 7 Geo. 2. c. 8. it is recited, "That great inconveniences have arisen, and do daily arise, by the wicked, pernicious, and destructive practice of stock-jobbing, whereby many of his majesty's good subjects have been and are diverted from pursuing and exercising their lawful trades and vocations, to the See 4 Burr. utter ruin of themselves and their families, to the great discouragement of industry, and to the manifest detriment of trade and All contracts commerce;" for remedy thereof it is enacted, "That all con- made for liberty "tracts and agreements whatsoever, which shall be made or to put upon, "entered into by or between any person or persons whatsoever, fuse, any public upon which any premium, or consideration in the nature of a stocks or securi&c. shall be 66 "premium accept, or re ties, and wagers, void, &c. Persons sued on this act obliged to an swer on oath. Security for costs. Five hundred pounds penalty on making or ex ecuting any such puts or bargains. 66 premium, shall be given or paid for liberty to put upon, or to deliver, receive, accept, or refuse, any public or joint stock, or "other public securities whatsoever, or any part, share, or in"terest therein, and also all wagers and contracts in the nature "of wagers, and all contracts in the nature of puts and refusals, "relating to the then present or future price or value of any such "stock or securities as aforesaid, shall be null and void to all "intents and purposes whatsoever, and all premiums, sum "or sums of money whatsoever, which shall be given, received, paid, or delivered, upon all such contracts or agreements, or upon any such wagers, or contracts in the nature of "wagers, as aforesaid, shall be restored and repaid to the person or persons who shall give, pay, or, deliver the same, who shall "be at liberty, within six months from and after the making such "contract or agreement, or laying any such wager, to sue for " and recover the same from the person or persons to whom the "same is or shall be paid or delivered, with double costs of suit, "by action of debt founded on this act, to be prosecuted in any "of his majesty's courts of record, in which action no essoin, protection, wager of law, or more than one imparlance, shall "be allowed; and it shall be sufficient therein for the plaintiff "to allege, that the defendant is indebted to the plaintiff, or has "received to the plaintiff's use, the money or premium so paid " or received, whereby the plaintiff's action accrued to him, ac"cording to the form of this statute, without setting forth the special matter." 66 Sect. 2. By 7 Geo. 2. c. 8. s. 2. For the better discovery of the monies or premium which shall be given, paid, or delivered, and to be sued for and recovered, as aforesaid, it is further enacted, "That all and every the person or persons, who, by "virtue of this present act, shall or may be liable to be sued for "the same, shall be obliged and compellable to answer upon "oath such bill as shall be preferred against him or them in any court of equity for discovering any such contract or wager, " and the sum of money or premium so given, paid, or delivered, 66 as aforesaid." 66 Sect. 3. But by 7 Geo. 2. c. 8. s. 3. it is provided, “That "the plaintiffs, relators, or informers, in such bill, shall and do "(at the time of bringing or filing such bill) give good and suffi"cient security to answer and pay the defendants in such bill "full costs of suit, in case such costs shall be adjudged to the defendants, and that no person shall be obliged to appear or to answer such bill until such security is given.' 66 Sect. 4. By 7 Geo. 2. c. 8. s. 4. it is further enacted, <<That all and every person or persons whatsoever, who shall << enter into, make, or execute, any such contract, bargain or agreement, upon which any premium, or consideration in the "nature of a premium, shall be given or paid for liberty to put upon, or to deliver, receive, accept, or refuse, any public or 'joint stock, or other public securities whatsoever, or any part, share, or interest therein, or any contract or bargain in the "nature of puts and refusals, as aforesaid, or shall lay any such 66 66 wager, 46 wager, or make any such contract in the nature of a wager, as "aforesaid, (except such person or persons who shall actually and "bona fide, without covin or collusion, sue and with effect prose- Exceptions. "cute for the recovery of the money or premium given, delivered, "or paid, by him, her, or them, as aforesaid; and also except "such person or persons, who shall voluntarily, before any action "or suit commenced, actually and bona fide, without covin or collusion, repay or tender, before one or more witness or witnesses, such monies or premium as he, she, or they, shall have had, taken, received, or been paid, as aforesaid; and also except "such persons who shall discover such transactions in any court "of equity,) shall forfeit and pay the sum of five hundred pounds; "and also all and every brokers, agents, scriveners, or other persons negociating, transacting, or writing, any such contract, bargain, or agreement, as aforesaid, shall likewise forfeit and 66 pay the sum of five hundred pounds; which said penalties shall "and may be recovered by action of debt, bill, plaint, or informà"tion, in any of his majesty's courts of record at Westminster, in "which no essoin, privilege, protection, or wager of law, or more "than one imparlance, shall be allowed; one moiety thereof to "the use of his majesty, his heirs and successors, and the other "moiety thereof to the use of him, her, or them, who shall sue "for the same." 66 66 differences re + Sect. 5. By 7 Geo. 2. c. 8. s. 5. "For preventing the evil One hundred "practice of compounding or making up differences for stocks or pounds penalty on giving or re"other securities bought, sold, or at any time hereafter to be ceiving money 66 agreed so to be, it is further enacted, That no money or other to compound "consideration whatsoever (except as herein-after is provided) lating to stock "shall be voluntarily given, paid, had, or received, for the com- not actually depounding, satisfying, or making up any difference for the not livered. delivering, transferring, having, or receiving any public or joint "stock, or other public securities, or for the not performing of any contract or agreement so stipulated and agreed to be per"formed; but that all and every such contract and agreement "shall be specifically performed and executed on all sides, and "the stock or security thereby agreed to be assigned, transferred, 66 or delivered, shall be actually so done, and the money, or other "consideration thereby agreed to be given and paid for the same, "shall also be actually and really given and paid; and all and every person and persons whatsoever, who shall voluntary compound, “make up, pay, satisfy, take, or receive, such difference money, " or other consideration whatsoever, for the not delivering, transferring, assigning, having, or receiving such stock, or other security, so to be agreed to be delivered, transferred, assigned, "had, or received, as aforesaid (except in the manner herein-after provided), shall forfeit and pay the sum of one hundred pounds, "to be recovered by action of debt, bill, plaint, or information, in "any of his majesty's courts of record at Westminster, in which no "essoin, privilege, protection, or wager of law, or more than one imparlance, shall be allowed; one moiety thereof to the use of "his majesty, his heirs and successors, and the other moiety there"of to the use of him, her, or them, who shall sue for the same." "That 66 66 66 66 Sect. 6. But by 7 Geo. 2. c. 8. s. 6. it is provided, "no |