456 New Statutes Effecting Alterations in the Law. goods and chattels of the offender, by warrant house, room, or place is used as a common under the hand and seal of one of the convict- gaming house, and that the persons found in ing justices; Provided always, that nothing the room or place where such tables or instruherein contained shall prevent any proceeding ments of gaming shall have been found were by indictment against the owner or keeper or playing therein, although no play was actually other person having the care or management of going on in the presence of the superintendent a common gaming house; but no person who or constable entering the same, under a warrant shall have been summarily convicted of any such or order issued under the provisions of this offence shall be liable to be proceeded against act, or in the presence of those persons by by indictment for the same offence. whom he shall be accompanied as aforesaid; and it shall be lawful for the police magistrate or justices before whom any person shall be taken by virtue of the warrant or order to direct all such tables and instruments of gaming to be forthwith destroyed. 5. Proof of gaming for money, &c. not necessary in support of informations for gaming.And be it enacted, That it shall not be necessary, in support of any information for gaming in, or suffering any games or gaming in, or for keeping or using, or being concerned in the management or conduct of a common gaming house, to prove that any person found playing at any game was playing for any money, wager, or stake. 6. Commissioners of police may authorize superintendent and constables to enter gaming houses and seize all instruments of gaming and take into custody all persons found therein.And be it enacted, That if any superintendent belonging to the metropolitan police force shall report in writing to the commissioners of police of the metropolis that there are good grounds for believing, and that he does believe, that any house, room, or place within the metropolitan police district is kept or used as a common gaming house, it shall be lawful for either of the said commissioners, by order in writing, to authorize the superintendent to enter any such house, room, or place, with such constables as shall be directed by the commissioner to accompany him, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and to seize all tables and instruments of gaming found in such house or premises, and also to seize all monies and securities for money found therein. 7. Police superintendent may search for instruments of gaming. And be it enacted, That it shall be lawful for the police superintendent making such entry as aforesaid in obedience to any such order of one of the commissioners of police of the metropolis, with the assistance of any constable or constables accompanying him, to search all parts of the house, room, or place which he shall have so entered where he shall suspect that tables or instruments of gaming are concealed, and all persons whom he shall find therein, and to seize all tables and instruments of gaming which he shall so find. 8. What shall be deemed evidence of gaming. -And be it enacted, That where any cards, dice, balls, counters, tables, or other instruments of gaming used in playing any unlawful game shall be found in any house, room, or place suspected to be used as a common gaming house, and entered under a warrant or order issued under the provisions of this act, or about the person of any of those who shall be found therein, it shall be evidence, until the contrary be made to appear, that such 9. Indemnity of witnesses.- And for the more effectual prosecution of the keepers of common gaming houses, be it enacted, That every person who shall have been concerned in any unlawful gaming, and who shall be examined as a witness by or before any police magistrate or justice of the peace, or on the trial of any indictment or information against the owner or keeper or other person having the care or management of any common gaming house, touching such unlawful gaming, and who upon such examination shall make true and faithful discovery to the best of his or her knowledge of all things as to which he or she shall be so examined, and shall thereupon receive from the magistrate or justice of the peace or judge of the court by or before whom he or she shall be so examined a certificate in writing to that effect, shall be freed from all criminal prosecutions, and from all forfeitures, punishments, and disabilities, to which he or she may have become liable for any thing done before that time in respect of such unlawful gaming. 10. Justices may grant billiard licences at licensing sessions.—And be it enacted, That the justices in every division, district, and place in England for which a special session of the justices of the peace (called the General Annual Licencing Meeting) is holden annually for granting licences to persons keeping or being about to keep inns, alehouses, and victualling houses to sell exciseable liquors by retail, to be drunk or consumed on the premises therein specified, shall have authority at such general annual licensing meeting, or at any adjournment thereof, to grant billiard licences to such persons as the said justices shall in their discretion deem fit and proper to keep public billiard tables and bagatelle boards, or instruments used in any game of the like kind, and at the special sessions holden for transferring licences to keep inns shall have authority to transfer such billiard licences to such other persons as they in their discretion shall deem fit and proper to continue and hold the same, and who in each case shall be required to give the like notice of their intention to apply for such billiard licence, and entitled to receive the like notice of the licensing days as is required in the case of persons intending to apply for a licence or the transfer of a licence to sell exciseable liquors by retail to be drunk or consumed on the premises, or as near thereto as the New Statutes Effecting Alterations in the Law. 457 case will allow; and every such billiard licence mitted to the House of Correction with or withshall be in the form given in the third schedule out hard labour, for any time not more than annexed to this act, and shall continue in force one calendar month; and on nonpayment of any in the counties of Middlesex and Surrey from penalty so adjudged, and of the reasonable costs the 5th of April, and elsewhere from the 10th and charges of the conviction, the same shall be of October, after the granting thereof, for one levied by distress and sale of the goods and whole year thence respectively next ensuing, chattels of the offender, by warrant under the and no longer; and the clerk of the justices hand and seal of the magistrate or one of the shall be entitled to demand and receive from convicting justices; but no person who shall every person licenced under this act, for the have been summarily convicted of any such petty constable or other peace officer, for serv- offence shall be liable to be further proceeded ing notices, and other services required of him, against by indictment for the same offence. the sum of 1s. and for the clerk of the justices, for the licence, the sum of 5s.; and every clerk who shall demand or receive from any person for such fees more than the said sums, being together 6s., shall for every such offence, on conviction before one justice, forfeit and pay the sum of 51. 12. Penalties for offences against tenor of licences. 9 G. 4, c. 61.-And be it enacted, That every person licensed under this act who shall be convicted before a police magistrate or two justices acting in and for the division or place in which shall be situated the house kept or theretofore kept by such person of any offence against the tenor of the licence to him granted, shall be liable to the same penalties and punishments in the case of a first, second, or third offence respectively to which persons licensed under an act passed in the 9 G. 4, c. 61, intituled "An act to regulate the granting of Licences to Keepers of Inns, Alehouses, and Victualling Houses in England," are respectively liable on conviction of a first, second, or third offence against the tenor of the licence granted to them under the last-recited act, or as near thereunto as the nature of the case will allow; and all the provisions of the last-recited act with respect to convictions and penalties for offences against the last-recited act, and the proceedings for enforcing the same, and to the expenses of prosecution and penalties on witnesses for not attending, and the recovery and application of penalties, and the proceedings on appeals against convictions, and the award of costs on appeals, and in actions against justices, constables, and other persons for any thing done in execution of the last-recited act, shall be deemed to apply, so far as they are applicable, to convictions against the tenor of the licences granted under this act, and to the proceedings consequent thereupon or connected therewith, as if they were herein re-enacted. 11. Places kept for public billiard tables to be licensed. 9 G, 4, c. 61. Notice that such places are licensed for billiards to be put up.-And be it enacted, that after the 5th day of April 1846, in the counties of Middlesex and Surrey, and elsewhere after the 10th October next after the passing of this act, every house, room, or place kept for public billiard playing, or where a public billiard table or bagatelle board, or instrument used in any game of the like kind, is kept, at which persons are admitted to play, except in houses or premises specified in any licence granted under an act passed in the 9 G. 4, c. 61, intituled "An act to regulate the granting of Licences to Keepers of Inns, Alehouses, and Victualling Houses in England," hereinafter called a Victualler's Licence, shall be licensed under this act; and after the said 5th April in Middlesex and Surrey, and elsewhere after the said 10th October, every person keeping any such public billiard table or bagatelle board, or instrument used in any game of the like kind for public use, without being duly licensed so to do, and not holding a victualler's licence for the house or premises where such billiard table, bagatelle board, or other instrument as aforesaid is kept or used, and also every person licensed under this act who shall not during the continuance of such 13. When billiard playing shall not be allowed. billiard licence put and keep up the words -And be it enacted, that every person keeping "Licensed for Billiards," legibly printed in any public billiard table or bagatelle board, or some conspicuous place near the door and on instrument used in any game of the like kind, the outside of the house specified in the licence, whether he be the holder of a victualler's shall be liable to be proceeded against as the licence or licensed under this act, who shall keeper of a common gaming house, and, beside allow any person to play at such table, board, any penalty or punishment to which he may or instrument after one and before eight of the be liable if convicted of keeping a common clock in the morning of any day, or at any time gaming house, shall, on conviction of keeping on Sundays, Christmas Day, or Good Friday, such unlicensed billiard table, bagatelle board, or any day appointed to be kept as a public or other instrument as aforesaid, by his own fast or thanksgiving; and every person holding confession, or by the oath of one or more credible a victualler's licence who shall allow any person witnesses before any police magistrate or any to play at such table, board, or instrument kept two justices of the peace, be liable to pay such on the premises specified in such victualler's penalty, not more than 107. for every day on which such billiard table, bagatelle board, or instrument as aforesaid shall be used, as shall be adjudged by the magistrate or justice before whom he shall be convicted, or, in the discretion of the magistrate or justices, may be com licence at any time when such premises are not by law allowed to be open for the sale of wine, spirits, or beer, or other fermented or distilled liquors, shall be liable to the penalties herein provided in the case of persons keeping such public billiard table, bagatelle board, or instru 458 New Statutes Effecting Alterations in the Law. ment as aforesaid for public use without licence; of any pecuniary penalty or penalties incurred and during those times when play at such table, board, or instrument is not allowed by this act, and every billiard room in every house specified in any victualler's licence, shall be closed, and the keeping of the same open, or allowing any person to play therein or thereat, at any of the times or on any of the days during which such play is not allowed by this act, shall be deemed in each case an offence against the tenor of the licence of the person so offending. on or before the day of the passing of this act, under the provisions of any act herein-before amended or repealed, to apply to the court in which such action, bill, plaint, or information shall have been sued out, commenced, or prosecuted, or to any judge of any of the superior courts at Westminster, for an order that such action, bill, plaint, or information shall be discontinued, upon the payment of the costs thereof which were incurred on or before the 14. Empowering constables to visit licensed 5th March in the year 1844, such costs to be houses. And be it enacted, That it shall be taxed according to the form of such court; and lawful for all constables and officers of police every such court or judge, upon such applicato enter into any house, room, or place where tion, shall make such order as aforesaid; and any public table or board is kept for playing at upon the making such order, and payment or billiards, bagatelle, or any game of the like tender of such costs as aforesaid, such action, kind, when and so often as such constables and bill, plaint, or information shall be forthwith officers shall think, proper; and every person | discontinued. licensed under the said act of the 9 G. 4, or 17. Cheating at play to be punished as obtainunder this act, who shall refuse to admit or who ing money by false pretences.-And be it enshall not admit any such constable or officer of acted, That every person who shall, by any police into such house, room, or place shall, on | fraud or unlawful device or ill practice in playconviction thereof before a police magistrate or ing at or with cards, dice, tables, or other game, any two justices of the peace, be deemed guilty of an offence against the tenor of his licence, whether the same be a billiard licence or a victualler's licence, and in the case of a first, second, or third, or subsequent offence shall be punished accordingly. or in bearing a part in the stakes, wagers, or adventures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or exercise, win from any other person to himself, or any other or others, any sum of money or valuable thing, shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such person of the same, and being convicted thereof, shall be punished accord 15. Repeal of 16 C. 2, c. 7; 10 W. 3, (I.); 9 Anne, c. 14; 11 Anne, (I.); 5 & 6 W. 4, c. 41; and part of 18 G. 2, c. 34.-And be it enacted, That an act passed in the 16 C. 2, c. 7, and an act passed by the parliament of Ireland in the 10 W. 3, each of such acts being intituled | ingly. "An act against deceitful, disorderly, and ex- 18. Wagers not recoverable at law. And be cessive Gaming," and so much of an act passed it enacted, That all contracts or agreements, in the 9 Anne, c. 14, and of an act passed by whether by parole or in writing, by way of the parliament of Ireland in the 11 Anne, each gaming or wagering, shall be null and void; of such acts being intituled "An act for the and that no suit shall be brought or maintained better preventing of excessive and deceitful in any court of law or equity for recovering Gaming," as was not altered by an act passed in any sum of money or valuable thing alleged to the 5 & 6 W. 4, c. 41, intituled "An act to be won upon any wager, or which shall have amend the Law relating to Securities given for been deposited in the hands of any person to Considerations arising out of gaming, usurious, abide the event on which any wager shall have and certain other illegal Transactions," and so been made: Provided always, that this enactmuch of an act passed in the 18 G. 2, c. 34, ment shall not be deemed to apply to any subintituled “ An act to explain, amend, and make scription or contribution, or agreement to submore effectual the Laws in being to prevent ex- scribe or contribute, for or toward any plate, cessive Increase of Horse Races," as relates to prize, or sum of money to be awarded to the the first-recited act of Queen Anne, or as ren- winner or winners of any unlawful game, sport, ders any person liable to be indicted and pastime or exercise. punished for winning or losing, at play or by 19. Proceedings under feigned issues abolished. betting, at any one time, the sum or value of -And whereas many important questions are 107., or within the space of 24 hours the sum now tried in the form of feigned issues, by or value of 207., shall be repealed, except as to stating that a wager was laid between two any penalties incurred on or before the 5th parties interested in respectively maintaining March in the year 1844, for recovering which the affirmative and the negative of certain proany suit shall have been commenced before the positions; but such questions may be as satissaid 5th March, and the proceedings for reco- | factorily tried without such form; be it therevery and application of the same. 16. Pending actions and informations to be discontinued.--And be it enacted, That after the passing of this act it shall be lawful for any person or persons against whom any action, bill, plaint, or information shall have been sued out, commenced, or prosecuted, for the recovery fore enacted, That in every case where any court of law or equity may desire to have any question of fact decided by a jury it shall be lawful for such court to direct a writ of summons to be sued out, by such person or persons as such court shall think ought to be plaintiff or plaintiffs, against such person or persons as New Statutes Effecting Alterations in the Law. such court shall think ought to be defendant shall have committed such irregularity, trespass, 20. Appeal to quarter sessions. 7 G. 4, c. 64. -And be it enacted, That any person who shall be summarily convicted under this act may appeal to the next general or quarter session of peace to be holden for the county or place wherein the cause of complaint shall have arisen, provided that such person at the time of conviction, or within 48 hours thereafter, shall enter into a recognizance, with two sufficient securities, conditioned personally to appear at the said sessions to try such appeal, and to abide the further judgment of the court at such sessions, and to pay such costs as shall be by the last-mentioned court awarded; and it shall be lawful for the magistrate or justices by whom conviction shall have been made to bind over the witnesses who shall have been examined in sufficient recognizances to attend and be examined at the hearing of such appeal; and that every such witness, on producing a certificate of being so bound, under the hand of the said magistrate or justices, shall be allowed compensation for his or their time, trouble, and expenses in attending the appeal, such compensation shall be paid in the first instance by the treasurer of the county or place, in like manner as in cases of misdemeanor, under the provisions of an act passed in the 7 G. 4. c. 64, intituled "An act for improving the Administration of Criminal Justice in England," and in case the appeal shall be dismissed, and the order or conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be ascertained by the court, shall be repaid to the said treasurer by the appellant. 21. Distress not unlawful for want of form. -And be it enacted, That when any distress shall be made for any money to be levied by virtue of the warrant of any justice under this act, the distress shall not be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the information, summons, warrant of apprehension, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser from the beginning on account of any irregularity which shall be afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage by an action on the case in any of her Majesty's courts of record. have been made it shall be lawful for the defendant in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such such proceeding, order, and adjudication shall sum of money as he shall think fit; whereupon be had and made in and by such court: as in other actions where defendants are allowed to pay money into court. acted, That no action, suit, or information, or 23. Limitation of actions.-And be it enany other proceeding, of what nature soever, shall be brought against any person for any thing done or omitted to be done in pursuance of this act, or in the execution of the authorities under this act, unless notice in writing shall be given by the party intending to prosecute such suit, information, or other proceeding, to the intended defendant, one calendar month at least before prosecuting the same, nor unless such action, suit, information, or other proceding shall be brought or commenced within three calendar months next after the act or omission complained of, or in case there shall be a continuation of damage, then within three calendar months next after the doing such damage shall have ceased. me That in Ireland the term "metropolitan police formality, &c.-And be it enacted, That no enacted, That this act may be amended or re- THE FIRST SCHEDULE TO WHICH THE County of Form of Warrant. To the constable Whereas it appears to me, J. P., one of the 22. Plaintiff not to recover after tender of the peace in the said county, by the information justices of our lady the Queen, assigned to keep amends. And be it enacted, That no plaintiff on oath of A. B. of shall recover in any action for any irregularity, in the county of trespass, or other wrongful proceeding made or place] known as [here insert a description of Yeoman, that the house [room or committed in the execution of this act, or in, the house, room, or place by which it may be under, or by virtue of any authority hereby readily known and found], is kept and used as given, if tender of sufficient amends shall have a common gaming house within the meaning of been made, by or on behalf of the party who an act passed in the year of the reign 460 New Statutes Effecting Alterations in the Law.-Alterations in Bankruptcy. of her majesty Queen Victoria, intituled [here insert the title of this act]: This is, therefore, in the name of our lady the Que en, to require you, with such assistants as you may find necessary, to enter into the said house [room or place], and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and there diligently to search for all instruments of unlawful gaming which may be therein, and to arrest, search and bring before me, or some other of the justices of our lady the Queen, assigned to keep the peace within the county of as well the keepers of the same as also the persons there haunting, resorting, and playing, to be dealt with according to law: and for so doing this shall be your warrant. J. P. (L. S.) Given under my hand and seal at in the county of of in the this day year of the reign of THE SECOND SCHEDULE TO WHICH THE In the Court of Queen's Bench [Common Pleas, or Exchequer, or in any inferior court, as the case may be]. Middlesex to wit, [or such other county as may be directed] suffer any unlawful games therein, and do not knowingly suffer persons of notoriously bad character to assemble and meet together therein, and do not open the said house for play or allow any play therein after one and before eight of the clock in the morning, or keep it open or allow any play therein on Sundays, Christmas Day, Good Friday, or on any days appointed for a public fast or thanksgiving, but do maintain good order and rule therein: And this licence shall continue in force from the day of next, until the day of then next following, and no Given under our hands and seals on the day and at the place first written. FURTHER PROPOSED ALTERATION IN THE LAW OF BANKRUPTCY & INSOLVENCY. THE numerous statutes passed within the last few years relating to bankruptcy and insolvency, which we noticed at p. 349, ante, have left the law in a state so unsatisfactory and uncertain, that some further material alterations seem to be Whereas A. B. affirms, and C. D. denies generally demanded. Not only the There state fully the fact or facts in issue] and lawyers, but the merchants and traders, the Lord Chancellor [or such other court, &c.] are calling for amendment. We shall is desirous of ascertaining the truth by the ver- take an early opportunity of noticing an dict of a jury, and both parties pray that the same may be inquired of by the country. Now able and elaborate statement or report let a jury, &c. at THE THIRD SCHEDULE TO WHICH THE FOREGOING ACT REFERS. Form of Licence. At the general licensing annual meeting [or adjournment of the general annual licensing meeting, or at a special petty session] of her Majesty's justices of the peace acting for the division or liberty, &c., as the case may be], of in the county of holden day of on the in the year for the purpose of granting billiard licences, we being of her Majesty's justices of the peace acting for the said county [or liberty, &c., as the case may be,] and being a majority of those assembled at the said session, do hereby authorize and empower A. L. now dwelling at in the parish of to keep a house for public billiard playing at [here specify the house], provided that he [or she] put and keep up the words "Licenced for Billiards" legibly printed in some conspicuous place near the door and on the outside of the said house, and do not wilfully or knowingly permit drunkenness or other disorderly conduct in the said house, and do not knowingly allow the consumption of exciseable liquors therein by the persons resorting thereto, and do not knowingly made by Mr. Serjeant Manning, and printed by order of parliament. In the mean time, we place before our readers the substance of the bill proposed by Mr. Hawes and Mr. Masterman, at the close of the last session, and which will no doubt be brought forward early in the next. It recites, that it is expedient to amend the law of bankruptcy and insolvency, with a view to afford to creditors a greater protection against fraud and wilful extra vagance. After providing, by the 1st section, for the time when the act is to commence, it is proposed to enact, that the account and demand of payment, and summons, under the 5 & 6 Vict., need not be personally served. The section is as follows: That previously to a creditor of any trader obtaining the summons to such trader, to appear before the Court of Bankruptcy, provided by the 11th section of the act made in the fifth and sixth years of the reign of her present Majesty, intituled "An act for the Amendment of the Law of Bankruptcy," it shall be sufficient to state in the affidavit required by the said act, that an account in writing of the particulars of the demand of such creditor, with a notice thereunder written |