Gaming Act, 1744

GAMING ACT 1744

CHAPTER XXXIV.

An Act to explain, amend, and make more effectual the Laws in being to prevent excessive and deceitful Gaming; and to restrain and prevent the excessive increase of Horse Races.

Preamble.

After 24 June, 1745, no person shall keep a house or place for playing roly-poly, or other game with cards or dice;

under penalties by 12 Geo. 2. c. 28.

Whereas notwithstanding the many good and wholesome laws now in being for preventing excessive and deceitful gaming, many persons of ill fame and reputation, who have no visible means of subsistence, do keep houses, rooms, and other places for playing, and do permit persons therein to play at cards, dice, and other devices for large sums of money, by means whereof divers young and unwary persons, and others, are drawn in to lose the greatest part and sometimes all their substance; and it frequently happens they are thereby reduced to the utmost necessities, and betake themselves to the most wicked courses which end in their utter ruin: And whereas a certain pernicious game called roulet or roly-poly is daily practised, and the laws now in being have by experience been found ineffectual to put a stop to such pernicious practices: For remedy whereof, may it please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the twenty-fourth day of June one thousand seven hundred and forty-five, no person or persons of what condition soever shall keep any house, room, or place for playing, or permit or suffer any person or persons whatsoever within any such house, room, or place to play at the said game of roulet otherwise roly-poly, or at any other game with cards or dice already prohibited by the laws of this realm; and in case any person or persons whatsoever shall keep any such house, room, or place for playing, or permit or suffer any person or persons as aforesaid to play at the said game of roulet otherwise roly-poly, or at any other game with cards or dice already prohibited by law, such person or persons so offending shall incur the pains and penalties, and be liable to such prosecution, as is directed in and by an Act made in the twelfth year of the reign of his present Majesty, intituled “An Act for the more effectual preventing excessive and deceitful gaming”.

Persons playing shall incur the same penalties of 12 Geo. 2. c. 28.

2. And . . . if any person or persons whatsoever shall, after the said twenty-fourth day of June one thousand seven hundred and forty-five, play at the said game of roulet otherwise roly-poly, or at any game or games with cards or dice already prohibited by law, every such person or persons so offending shall also incur the pains and penalties, and be liable to such prosecution, as is directed in and by an Act made in the twelfth year of the reign of his present Majesty, intituled “An Act for the more effectual preventing excessive and deceitful gaming.”

[S. 3 rep. 8 & 9 Vict. c. 109. s. 15.]

On information for any offence against this Act, or 12 Geo. 2. c. 28. or 13 Geo. 2. c. 19.

persons may be summoned to give evidence;

who, on neglect or refusal to appear, or giving false evidence, shall forfeit £50,

or be committed to gaol for six months.

4. And for the more easy conviction of persons offending against this or any other former Act for preventing excessive and deceitful gaming it shall and may be lawful to and for such person or persons who have jurisdiction to hear and determine informations upon the statutes against excessive and deceitful gaming, upon any information exhibited before them for any offence committed against this Act, or against the Statute made in the twelfth year of his present Majesty, intituled “An Act for the more effectual preventing of excessive and deceitful gaming,” or against one other Act made in thirteenth year of the reign of his present Majesty, intituled “An Act to restrain and prevent the excessive increase of horse races, and for amending an Act made in the last session of Parliament, intituled ‘An Act for the more effectual preventing excessive and deceitful gaming,’” to summon any person or persons other than the party accused, to appear before them, at a certain day, time, and place, to be inserted in such summons, and to give evidence for the discovery of the truth of the matter in the said information contained; and in case of neglect or refusal to appear or if upon appearance, such person or persons shall refuse to give evidence, or shall give any false evidence, every such person or persons so offending shall forfeit and lose the sum of fifty pounds, to be levied by distress and sale of the offender's goods and chattels, by warrant under the hands and seals of such persons issuing such summons as aforesaid; and in case such person or persons not appearing, or neglecting or refusing to give such evidence, or giving any false evidence, shall not have sufficient goods and chattels whereon to levy the said sum of fifty pounds, every such person or persons shall be, by such person or persons having jurisdiction as aforesaid, committed to the common gaol for the county, city, or place where such offence shall be committed, there to remain for the space of six months, without bail or mainprize.

No person incapable of being a witness (except the parties) for having played, betted, &c.

5. And from and after the twenty-fourth day of June one thousand seven hundred and forty-five, no person or persons, other than the parties, plaintiff and defendant in the cause, shall be incapacitated from being a witness touching any offence committed against the laws for preventing excessive and deceitful gaming, by reason of having played, betted, or staked at any game prohibited by this or any of the said statutes.

Proviso for royal palaces where his Majesty actually resides.

6. Provided also, and it is hereby enacted and declared that nothing in this Act contained shall extend to prevent or hinder any person or persons from playing at any game whatsoever, within any of his Majesty's royal palaces, wherein his Majesty, his heirs and successors, shall then actually reside.

No privilege of Parliament to be allowed in prosecutions, &c.

7. And no privilege of Parliament shall be allowed to any person or persons whatsoever against whom any prosecution or proceeding shall be commenced or had, for keeping of any publick or common gaming-house, or any house, room, or place for playing at any game or games prohibited by this or any other Act now in being against excessive or deceitful gaming, any law, usage, or custom to the contrary in any wise notwithstanding.

[S. 8 rep. 8 & 9 Vict. c. 109. s. 15.]

Offenders discovering others shall be discharged, and admitted as evidence.

9. Provided nevertheless, that if any person so offending shall discover any other person so offending, so that such person be thereupon convicted, the person so discovering shall be discharged and indemnified from all penalties by reason of any such offence, if such person so discovering hath not been before convicted thereof, and shall be admitted as an evidence to prove the same.

[S. 10 rep. 8 & 9 Vict. c. 109. s. 15.]

Clause of 13 Geo. 2. c. 19. recited,

and repealed after 24 June, 1745.

11. And whereas in an Act passed in the thirteenth year of his Majesty's reign, intituled “An Act to restrain and prevent the excessive increase of horse races, and for amending an Act made in the last session of Parliament, intituled ‘An Act for the more effectual preventing of excessive and deceitful gaming,’” it is (among other things) enacted, that from and after the twenty-fourth day of June one thousand seven hundred and forty, no horse, mare, or gelding, being of the age of five years, shall be entered, started, or run for any plate, prize, sum of money, or other thing whatsoever, unless such horse, mare, or gelding shall carry ten stone weight, computing fourteen pounds to each stone weight; and that no horse, mare, or gelding, being of the age of six years, shall be entered, started, or run for any plate, prize, sum of money, or other thing whatsoever, unless such horse, mare, or gelding shall carry eleven stone, computing fourteen pounds to each stone weight; and that no horse, mare, or gelding, being of the age of seven years, shall be entered, started, or run for any plate, prize, sum of money, or other thing whatsoever, unless such horse, mare, or gelding shall carry twelve stone weight, computing fourteen pounds to each stone weight; and in case any person or persons shall enter, start, or run any horse, mare, or gelding, of either of the ages aforesaid, for any plate, prize, sum of money, or other thing, carrying less than the weights herein-before directed to be carried, such horse, mare, or gelding, or the value thereof, shall be forfeited, and the person or persons so entering, starting, or running such horse, mare, or gelding shall forfeit and lose the sum of two hundred pounds: And whereas the thirteen royal plates of one hundred guineas each, annually run for, as also the high prices that are constantly given for horses of strength and size, are sufficient to encourage breeders to raise their cattle to the utmost size and strength possible: Be it therefore enacted by the authority aforesaid, that it shall and may be lawful for any person or persons, from and after the twenty-fourth day of June one thousand seven hundred and forty-five, to run any match, or to start and run for any plate, prize, sum of money, or other thing of the real and intrinsick value of fifty pounds or upwards, at any weights whatsoever, and at any place or places whatsoever, without incurring or being liable to the penalty or penalties in the said Act of the thirteenth year of his Majesty's reign, relating to weights as afore-mentioned, and in the same manner as might have been done if the said Act had never been made, any thing herein contained to the contrary notwithstanding