the house of correction, there to remain not more than thirty days, nor less than forty-eight hours.

II. Of the manner in which a guilty woman may avoid a prosecution for this offence.

The same statute has further provided, that if any woman, guilty of the crime aforesaid, shall appear before any justice of the peace within the county where such offence may be committed, and confess herself to be guilty as aforesaid, and offer to pay into the hands of the said justice, for the first offence, the sum of six shilling's, and for any offence after the first, the sum of twelve shillings, it shall be the duty of such justice to receive said fine, or to bind her over to the next court of general sessions of the peace, to be holden within and for said county, at his discretion; and a certificate of the payment of the said fine, signed by the same justice, and filed in the clerk's office of the court of general sessions of the peace, shall be a full bar to any process against her for the same offence, unless such process be commenced previous to the filing of the said certificate in the clerk's office as aforesaid.

Ibid.

TITLE LXX.

1785, c. 58, s. 1.

GAMING.

1. Of contracts that are void, by reason of a gaming consideration.

2. Of the liability of the winner to an action by the loser; and the time, within which such action must be brought.

3. Of the evidence by which such action may be sustained.

4. Of the liability of the winner to an indictment. 5. The penalty incurred by an innholder, or retailer of spirituous liquors, who allows gaming in his house.

6. Penalty for gaming at a house of entertainment; or at the house of a retailer.

7. Penalty for keeping a billiard-table at a private house; and for gaming, or allowing gaming in such house.

I. Of contracts that are void, by reason of a gaming consideration.

By statute it is enacted, that all notes, bills, bonds, judgments, mortgages, or other securities or conveyances whatsoever, given, granted, drawn, entered into, or executed by any person or persons whatsoever, where the whole, or any part of the consideration of such conveyances or securities, shall be for any money or other valuable thing whatsoever, won by gaming or playing at cards, dice, or any other game or games whatsoever, or by betting on the side or hands of any person gaming, or for the reimbursing, or repaying any money knowingly lent, or advanced for any gaming or betting, or lent and advanced at the time and place of such play, to any person or persons, so gaming or betting, or that shall, during such play, so play or bet, shall be void and of no effect;

and that where such mortgages, securities, or other conveyances shall be of lands, tenements or hereditaments, or shall be such as incumber or affect the same; such mortgages, securities, or other conveyance, shall enure, and be to the sole use and benefit of such person or persons, as should, or might have, or be entitled to such lands, tenements, or hereditaments, in case the said grantor or grantors thereof, or the person or persons so incumbering the same, had been naturally dead; and that all grants or conveyances to be made for the preventing of such lands, tenements or hereditaments from coming to, or devolving upon such person or persons, thereby intended to enjoy the same as aforesaid, shall be deemed fraudulent, void, and of no effect or purpose whatever.

II. Of the liability of the winner to an action by the loser; and the time, within which such action must be brought.

Ibid. s. 2.

loser.

The same statute has further enacted, that any person or persons, who shall at any time, or sitting, by playing at cards, dice, or any other game or games whatsoever, Action given to the or by betting on the sides or hands of such as do game, lose to any one or more person or persons, so playing or betting, any sum or sums of money, or any other valuable thing whatsoever, and shall pay or deliver the same, or any part thereof, the person or persons so losing, and paying or delivering the same, shall be at liberty to sue for, and recover, the money or goods so lost and paid or delivered, or any part thereof, or damages, to the full value of the same, from the respective winner or winners thereof, with costs of suit, by action to be commenced within three months next after the losing, paying, or delivering the same; in which it shall be sufficient for the plaintiff to allege, in an action of assumpsit, that the defendant had received to the plaintiff's use, the money so lost and paid; and in an action of trover for the goods so lost and delivered, that they came to the hands of the defendant;

Time of bringing the

Form of the action.

Ibid.

On neglect of the

loser to bring the ac

tion within the time

limited; such action

may be brought by any third person.

Ibid. s. 4.

Plaintiff admitted to his oath in certain

cases.

without mentioning in the declaration the particular manner and occasion of the goods or moneys being lost.

And in case the person or persons who shall lose such money, or other thing as aforesaid, shall not within the time aforesaid, really and truly, without cover or collusion, sue and with effect prosecute for the money or other thing so by him or them lost and paid or delivered as aforesaid, it shall and may be lawful to and for any person or persons to sue for and recover treble the value of the money, goods or chattels, with full costs of suit, by action of debt, against such winner or winners as aforesaid, one moiety thereof to the use of the person or persons that will sue for the same, and the other moiety to the use of the poor of the town where the offence shall be committed.

III. Of the evidence by which such action may be

sustained.

The same statute has further enacted, that in suits, brought by the person losing money, goods or chattels, against the person winning the same, when it shall appear from the declaration, that the goods, said to be lost, came to the hands of the defendant, by gaming, or the money he had received was by gaming, then, and in such case, if the plaintiff shall offer to make oath, and if required by the court where the trial is, shall actually swear, to the losing the money, goods or chattels by gaming with the defendant, at the time and place alleged, judgment shall be rendered for the plaintiff to recover damage to the amount of the goods or money the defendant has received of the plaintiff by gaming, with costs of suit; unless the defendant will swear that he did not receive Unless the defendant of the plaintiff the money, goods or chattels for which he is sued, or any part of them by gaming. And when the defendant discharges himself on oath as aforesaid, he shall recover of the plaintiff his reasonable costs. Prohis dcelaration by the vided nevertheless, that nothing in this act shall be so construed as to prevent the supporting and proving any

will take a contrary

oath.

Plantiff may support

usual evidence.

declarations on the aforesaid actions, in the same manner as other declarations are proved, but it shall be considered as optional with the plaintiff, either to proceed in proving his declaration in the way specially provided in this act, or in the same way other declarations are proved; any thing herein to the contrary notwithstanding.

IV. Of the liability of the winner to an indictment. Any person who shall be convicted, on an indictment of the grand jury, before the court of general sessions of the peace, or the supreme judicial court, of winning, at any one time, or sitting, of any person or persons, by gaming or betting as aforesaid, in money, goods or chattels, to the value of twenty shillings, or upwards, and of receiving the same, or security therefor, shall, besides forfeiting double the amount or value of the money, goods or chattels so won and received, to the poor of the town where the offence is committed, be adjudged incapable of holding, keeping or sustaining, directly or indirectly, any office of honour or profit in this commonwealth, for the term of twelve months from the time of such conviction: Provided, such indictment be found within eighteen months next after the offence committed.

V. The penalty incurred by an innholder, or retailer of spirituous liquors, who allows gaming in his house.

By statute it is enacted, that no taverner, innholder, or victualler, shall have or keep in or about their houses, yards, gardens, or dependencies, any dice, cards, bowls, billiards, quoits, or any other implements used in gaming; nor shall suffer any person or persons resorting unto any of their houses, to use or exercise any of the said games, or any other unlawful game or sport within their said houses, or any of the dependencies as aforesaid, or places to them belonging, on pain of forfeiting the sum of forty shillings for every such offence, upon due conviction thereof, one half thereof to the informer,

Ibid. s. 3.

1736, c. 68, s. 5.