Disorderly Houses Act, 1751

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DISORDERLY HOUSES ACT 1751

CHAPTER XXXVI.

An Act for the better preventing Thefts and Robberies, and for regulating Places of publick Entertainment, and punishing Persons keeping disorderly Houses.

[S. 1 rep. 30 & 31 Vict. c. 59. (S.L.R.)]

Unlicens’d places of publick entertainment deemed disorderly houses.

Constables may enter and seize all persons found therein.

Persons keeping the same to forfeit £100.

2. And whereas the multitude of places of entertainment for the lower sort of people is another great cause of thefts and robberies, as they are thereby tempted to spend their small substance in riotous pleasures, and in consequence are put on unlawful methods of supplying their wants and renewing their pleasures: In order, therefore, to prevent the said temptation to thefts and robberies, and to correct as far as may be the habit of idleness which is become too general over the whole kingdom, and is productive of much mischief and inconvenience, be it enacted by the authority aforesaid, that from and after the first day of December one thousand seven hundred and fifty-two, any house, room, garden, or other place kept for publick dancing, music, or other publick entertainment of the like kind, in the cities of London and Westminster, or within twenty miles thereof, without a licence had for that purpose from the last preceding Michaelmas quarter sessions of the peace to be holden for the county, city, riding, liberty, or division in which such house, room, garden, or other place is situate, (who are hereby authorized and impowered to grant such licences as they in their discretion shall think proper,) signified under the hands and seals of four or more of the justices there assembled, shall be deemed a disorderly house or place; and every such licence shall be signed and sealed by the said justices in open court, and afterwards be publickly read by the clerk of the peace, together with the names of the justices subscribing the same; and no such licence shall be granted at any adjourned sessions, nor shall any fee or reward be taken for any such licence; and it shall and may be lawful to and for any constable or other person, being thereunto authorized by warrant under the hand and seal of one or more of his Majesty's justices of the peace of the county, city, riding, division, or liberty where such house or place shall be situate, to enter such house or place, and to seize every person who shall be found therein, in order that they may be dealt with according to law; and every person keeping such house, room, garden, or other place, without such licence as aforesaid, shall forfeit the sum of one hundred pounds to such person as will sue for the same, and be otherwise punishable as the law directs in cases of disorderly houses.

Licensed places to have an inscription over them;

and not be opened before five in the evening.

On breach of either of the said conditions the licence to be revoked.

3. Provided always, and it is hereby further enacted by the authority aforesaid, that, in order to give publick notice what places are licensed pursuant to this Act, there shall be affixed and kept up in some notorious place over the door or entrance of every such house, room, garden, or other place kept for any of the said purposes, and so licensed as aforesaid, an inscription in large capital letters in the words following; videlicet, licensed pursuant to act of parliament of the twenty-fifth of king George the second; and that no such house, room, garden, or other place kept for any of the said purposes, although licensed as aforesaid, shall be open for any of the said purposes before the hour of five in the afternoon; and that the affixing and keeping up of such inscription as aforesaid, and the said limitation or restriction in point of time, shall be inserted and made conditions of every such licence; and in case of any breach of either of the said conditions such licence shall be forfeited, and shall be revoked by the justices of peace in their next general or quarter sessions, and shall not be renewed, nor shall any new licence be granted to the same person or persons, or any other person on his or their or any of their behalf, or for their use or benefit, directly or indirectly, for keeping any such house, room, garden, or other place for any of the purposes aforesaid.

The theatres and other places licensed by the crown or lord chamberlain excepted out of this Act.

4. Provided always, that nothing in this Act contained shall extend or be construed to extend to the theatres royal in Drury Lane and Covent Garden, or the theatre commonly called the King's Theatre, in the Haymarket, or any of them, nor to such performances and publick entertainments as are or shall be lawfully exercised and carried on under or by virtue of letters patents or licence of the crown, or the licence of the lord chamberlain of his Majesty's household, anything herein contained notwithstanding.

Constable's duty upon notice given him of persons keeping a bawdy-house, gaming-house, or other disorderly houses, &c.

The charges of prosecution to the constable,

and £10 on conviction, to each of the two inhabitants, to be paid by the overseers, on penalty of forfeiting double the sum.

5. And in order to encourage prosecutions against persons keeping bawdy-houses, gaming-houses, or other disorderly houses, be it enacted by the authority aforesaid, that if any two inhabitants of any parish or place, paying scot and bearing lot therein, do give notice in writing to any constable (or other peace officer of the like nature, where there is no constable,) of such parish or place of any person keeping a bawdy-house, gaming-house, or other disorderly house in such parish or place, the constable, or such officer as aforesaid, so receiving such notice, shall forthwith go with such inhabitants to one of his Majesty's justices of the peace of the county, city, riding, division, or liberty in which such parish or place does lie, and shall upon such inhabitants making oath before such justice that they do believe the contents of such notice to be true, and entering into a recognizance in the penal sum of twenty pounds each to give or produce material evidence against such person for such offence, enter into a recognizance in the penal sum of thirty pounds to prosecute with effect such person for such offence at the next general or quarter session of the peace, or at the next assizes to be holden for the county in which such parish or place does lie, as to the said justices shall seem meet; and such constable or other officer shall be allowed all the reasonable expenses of such prosecution, to be ascertained by any two justices of the peace of the county, city, riding, division, or liberty where the offence shall have been committed, and shall be paid the same by the overseers of the poor of such parish or place; and in case such person shall be convicted of such offence the overseers of the poor of such parish or place shall forthwith pay the sum of ten pounds to each of such inhabitants; and in case such overseer shall neglect or refuse to pay to such constable or other officer such expenses of the prosecution as aforesaid, or shall neglect or refuse to pay, upon demand, the said sums of ten pounds and ten pounds, such overseers and each of them shall forfeit to the person intitled to the same double the sum so refused or neglected to be paid.

Persons keeping such bawdy-house, &c. to be bound over to appear to answer the indictment.

6. Provided always, and be it enacted by the authority aforesaid, that upon such constable or other officer entering into such recognizance to prosecute as aforesaid, the said justice of the peace shall forthwith make out his warrant to bring the person so accused of keeping a bawdy-house, gaming-house, or other disorderly house before him, and shall bind him or her over to appear at such general or quarter sessions or assizes, there to answer to such bill of indictment as shall be found against him or her for such offence; and such justice shall and may, if in his discretion he thinks fit, likewise demand and take security for such persons good behaviour in the meantime, and until such indictment shall be found, heard, and determined, or be returned by the grand jury not to be a true bill.

Constable neglecting his duty forfeits £20.

7. Provided also, that in case such constable shall neglect or refuse, upon such notice, to go before any justice of the peace, or to enter into such recognizance, or shall be wilfully negligent in carrying on the said prosecution, he shall for every such offence forfeit the sum of twenty pounds to each of such inhabitants so giving notice as aforesaid.

Who shall be deemed the keeper of such bawdy-house, &c.

8. And whereas, by reason of the many subtle and crafty contrivances of persons keeping bawdy-houses, gaming-houses, or other disorderly houses, it is difficult to prove who is the real owner or keeper thereof, by which means many notorious offenders have escaped punishment: Be it enacted by the authority aforesaid, that any person who shall at any time hereafter appear, act, or behave him or herself as master or mistress, or as the person having the care, government, or management of any bawdy-house, gaming-house, or other disorderly house, shall be deemed and taken to be the keeper thereof, and shall be liable to be prosecuted and punished as such, notwithstanding he or she shall not in fact be the real owner or keeper thereof.

[S. 9 rep. 30 & 31 Vict. c. 59. (S.L.R.)]

Indictment not removeable by certiorari into any other court.

10. And no indictment which shall at any time after the said first day of June [¹] be preferred against any person for keeping a bawdy-house, gaming house, or other disorderly house, shall be removed by any writ of certiorari into any other court, but such indictment shall be heard, tried, and finally determined at the same general or quarter session or assizes where such indictment shall have been preferred (unless the court shall think proper, upon cause shewn, to adjourn the same), any such writ or allowance thereof notwithstanding.

[Ss. 11, 12 rep. 30 & 31 Vict. c. 59. (S.L.R.)]

Recovery of forfeitures.

Full costs.

13. And . . . any person intitled to any of the forfeitures by this Act imposed may sue for the same by action of debt in any of his Majesty's courts of record at Westminster, in which it shall be sufficient to declare that the defendant is indebted to the plaintiff in the sum of being forfeited by an Act, intitled “An Act for the better preventing thefts and robberies, and for regulating places of public entertainment, and punishing persons keeping disorderly houses;” and the plaintiff, if he recover in any such action, shall have his full costs.

Limitation of actions.

14. Provided, that no action shall be brought by virtue of this Act unless the same shall be commenced within the space of six calendar months after the offence committed.

[S. 15 rep. 30 & 31 Vict. c. 59. (S.L.R.)]

[¹ i.e., 1st June 1752.]