Persons establishing lotteries 500 pounds. LOTTERIES AND GAMING. An Act to suppress Lotteries, and prevent other excessive and deceitful Whereas many good and wholesome statutes of Great Britain have, from time to time, been enacted and established to prevent lotteries and gaming, and great mischiefs are daily found to arise from such practices, both to trade and the community in general, as many idle, loose, and disorderly persons find means thereby to support themselves in a dishonest, dissolute course of life, and the younger sort of people, and others, are frequently drawn in and deceived, to the loss of their time and ruin of their fortunes: 1. Sec. I. Be it enacted, &c. That from and after the passing of this act, if any person or persons shall erect, set up, or expose to be hall forfeit played, drawn, or thrown at, or shall cause or procure to be crected, set up, exposed to be played, drawn, or thrown at, any lottery, under the denomination of a sale, or sales of houses, lands, plate, jewels, ships, goods, or other things, or for money, or any undertaking whatsoever in the nature of a lottery, by way of chances, either by dice, lots, cards, numbers, figures, or tickets, or shall make, print, advertise, or publish, or cause to be made, printed, advertised, or published, proposals or schemes for advancing small sums of money, by several persons, amounting in the whole to large sums, to be divided among them by chances of prizes, or shall deliver out, or cause, or procure to be delivered out, tickets to the persons advancing such sums, to entitle them to a share of the money so advanced, according to such proposals or schemes, or shall expose to sale any houses, lands, plate, jewels, ships, or other goods, or chattels, by any game, method, or device, whatsoever, depending upon, or to be determined by any lot or drawing, whether it be out of a box or wheel, or by cards, or dice, or by any machine, engine, or device of chance of any kind whatsoever, or shall be adventurers in, or pay any moneys or other consideration, or any ways contribute unto any of the said games, lottery or lotteries, sale or sales, such person or persons, and every, or either of them, on being convicted thereof, on the oath or oaths of one or more credible witness or witnesses, or on the confession of the party or parties accused, shall forfeit and lose the sum of five hundred pounds lawful money of this province, to be recovered by action of debt, or information, in the general court of pleas, the one moiety of such forfeiture to be to his majesty, for the support of the government of this province, and the other moiety to the informer: And all and every such sale or sales of houses, lands, plate, jewels, ships, goods, and other things, by any game, lottery or lotteries, machine, engine or other device whatso ever, depending upon, or to be determined by chance, or lot, shall, and are hereby declared to be void, to all intents and purposes; and whatever shall be so set up, and exposed to sale, shall be forfeited to such person or persons who shall sue for the same, by action, bill, plaint, or shall be for information, in his majesty's general court of pleas of this province, wherein no essoign, protection, wager of law, or more than one imparlance shall be allowed: And in case of any offender against this act, not having sufficient goods and chattels, whereon to levy the penalty hereby inflicted, or not immediately paying the said penalty, or giving All such sales, &c. void. And what ever shall be so set up, feited. security for payment thereof, it shall and may be lawful for the justices, before whom such person or persons shall be convicted, to commit him or them to prison, there to continue and remain for any time not exceeding twelve months. notes, &c. debts, void. 2. Sec. II. From and after the passing of this act, all bills, bonds, Bonds, bills, judgments, mortgages, notes of hand, or other securities or conveyances given to sewhatsoever, given, granted, drawn, or entered into, or executed by any cure gaming person or persons whatsoever, where the consideration of such conveyance or securities shall be for any moneys or other valuable things whatsoever, won by gaming, or playing at cards, dice, tables, tennis, bowls, or other game or games, bet or bets, chance or chances, of any kind whatsoever, or by betting on the sides or hands of such as do game at any of the games aforesaid, or for reimbursing or repaying any money knowingly lent or advanced at the time and place of such play to any person or persons so gaming, or betting as aforesaid, or who shall during such game so play or bet, shall be utterly void and of none effect to all intents and purposes whatsoever, any statute or usage to the contrary thereof notwithstanding; and where such mortgages, Encumbran securities, or other conveyances, shall be of lands, tenements, or hereditaments, or shall be such as encumber or affect the same, such mort- the heirs of gages, securities, or other conveyances, shall inure, and be to and for the sole use and benefit of, and shall devolve upon 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 encumbering the same, had been naturally dead, and as if such mortgages, securities, or other conveyances, had been made to such person or persons so to be entitled after the decease of the person or persons so encumbering the same; and all grants and conveyances to be made for the preventing such lands, tenements, or hereditaments, from coming to, or devolving upon such person or persons hereby intended to enjoy the same as aforesaid, shall be deemed fraudulent and void, and of none effect. Sec. III. [Directing how money lost at play shall be recovered back-re-enacted with amendments, by act of 1765. See Sec. 5.] ces of land, to inure to the maker, cover back at play, com amount on 3. Sec. IV. And for the better discovery of the moneys or things Gamesters so won and received, and to be sued for and recovered as aforesaid, cued to rek It is further enacted, that all and every the person or persons who, by money won virtue of this present act, shall or may be liable to be sued for the same, pelled to disshall also be obliged, and compellable to answer upon oath such bill or cover the bills in equity, as shall be preferred against him or them, for discovering oath. the sum or sums of money, or other things, so won and received at play as aforesaid: Provided nevertheless, that upon the discovery and repayment of the money, or other thing, so to be discovered and repaid as aforesaid, together with the costs that may have accrued, such person or persons shall be acquitted, indemnified, and discharged from any further or other punishment, forfeiture, or penalty, inflicted by this act. ing, challeng gaming, shalt pounds, and 4. Sec. VI. And for preventing such quarrels as shall or may Persons fighthappen upon the account of gaming, Be it further enacted, that in case ing any person or persons, upon account of any money won by gaming, account of playing, or betting, at any of the games aforesaid, shall assault and forfeit 20 beat, or challenge, or provoke to fight, any other person or persons, be imprison such person or persons so assaulting, beating, challenging, or provoking ed. to fight, on being thereof convicted, upon an indictment or information to be exhibited against him or them for that purpose, shall forfeit to his majesty, his heirs, and successors, the sum of twenty pounds lawful money of this province, for the use of the said province, and shall Money lost be recovered back in six months, also suffer imprisonment, not exceeding six months, without bail or mainprize. [The rest of this act, making fraudulent gaming, and gaming in public-houses, punishable as crimes-embraced by the penal code. For the revival of this, and the following act of 1765, see Laws, Sec. 2.] An Act additional to the foregoing.-Approved March 25, 1765. Whereas it hath been found by experience, that the above-mentioned act hath not altogether answered the several good ends and purposes thereby intended; 5. Sec. I. Be it enacted, &c. That from and after the passing of ply this act, if any person or persons whosoever, who at any time or times, sitting or sittings, within the space of twenty-four hours, by playing at cards, dice, tables, or any other game or games, or by betting ou the sides or hands of such as do play at any of the games aforesaid, or any game whatever, shall lose to any one or more person or persons so playing, or betting, in the whole the sum or value of five shillings lawful money of this province, and shall pay or deliver the same, or any part by the loser, thereof; the person or persons so losing, and paying or delivering the same, shall be at liberty at any time within six months then next following, and not after, to sue for, and recover the moneys or goods so lost and paid or delivered, or any part thereof, from the respective winner or winners thereof, with costs, by a warrant from a justice of the peace, in nature of a warrant for debt, founded on this act, in case the moneys or effects so lost, and paid or delivered, shall not exceed the value of eight pounds* lawful money of this province; and in case the moneys or goods, so lost and paid or delivered, shall exceed that sum, the loser shall and may recover the same from the winner of winners, with costs, by action of debt founded on this act, to be prose cuted in his majesty's general court of pleas in this province; to which action or suit, no assoign, prosecution, wager of law, privilege, or more than one imparlance shall be allowed, and in which action or suit it shall be sufficient for the plaintiff to allege, that the defendant or defendants are indebted to him, or received to the plaintiff's use, the moneys or effects so lost and paid, or converted the moneys or effects so won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him, according to the form of this act, without setting forth any special matter; and in case the person or persons, who shall lose such money or effects as aforesaid, shall not, within the time prescribed, really and bona fide sue, and with effect prosecute for the moneys or effects 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, by any such action or suit as aforesaid, to sue for and recover the same, with full costs of suit, against such winner or winners as aforesaid, unless such winner or winners, within ten days after the winning such money or effects, shall repay or redeliver to the loser such money or effects, so won and received as aforesaid, together with such costs of suit as may have accrued before the repayment or redelivery of such money or effects; the one moiety of the money or effects so recovered shall be to the use of the person or persons, (other than the person losing,) who shall sue for them, and the other moiety to the use of the poor of the parish where the offence shall be committed, any thing in the herein before mentioned law to the contrary thereof in any wise notwithstanding. After that time, any other person may sue for and recover the same; one half to himself, and the other to the poor. * Justices' jurisdiction restrained to thirty dollars. t Qu. How far this is affected by the judicial act of 1799, see Judiciary, Sec. 8. [The residue of this, and the whole of the act of 7th June, 1777, (Vol. I. 255,) to prevent gaming and horse-racing, are embraced by the provisions of the Penal Code. So also is the act of 14th Aug. 1786, to regulate taverns, and to suppress vice and immorality, except part of the 5th section, which is expressly repealed by the code of 1833.] An Act to prevent the establishment of Lottery Offices, and the sale of An Act to prevent the drawing of Lotteries, or the sale of Lottery 6. From and immediately after the first day of May next, all and every lottery and lotteries, and device and devices in the nature of lotteries, shall be utterly and entirely abolished, and are hereby declared to be thenceforth unauthorized and unlawful. Persons any way concern lottery tick 7. Sec. II. From and after the day aforesaid, any person or persons, who shall sell or expose to sale, or cause to be sold or exposed to sale, ed in selling or shall keep on hand for the purpose of sale, or shall advertise, or cause unauthorized to be advertised for sale, or shall aid, or assist, or be in any wise con- ets, cerned in the sale or exposure to sale of any lottery ticket or tickets, or any share or part of any lottery ticket in any lottery or device in the nature of a lottery, within this State or elsewhere, and any person or persons who shall advertise or cause to be advertised, the drawing of any scheme in any lottery, or be in any way concerned in the managing, conducting, carrying on, or drawing of any lottery, or device in the nature of a lottery, or be an agent in procuring or supplying lottery tickets, and shall be convicted thereof, in any court of competent jurisdiction, shall for each and every such offence, forfeit and pay a sum not less than five hundred dollars, and not exceeding one thousand dollars, shall pay at the discretion of the court, one half to be paid to the prosecutor, from $500 to and $1,000, the other to be paid over to the county treasurer, for the use of the county where the offence may have been committed. oned. 8. Sec. III. In all cases where the party shall be convicted as afore- or be impris said, and shall fail or refuse to comply with the provisions in the second section of this act, he, she or they, shall be sentenced to undergo an imprisonment in the common goal of the county, not exceeding six months, at the discretion of the court. Sec. IV. All laws and parts of laws militating against this act, are hereby repealed: Provided, that this act shall not apply to any lottery Proviso. heretofore authorized by the general assembly.* MILITIA. An act to provide for the arming the militia of this State.-Approved 1. Sec. V. It shall be the duty of the adjutant general at least twice To be inin every year, to inspect the arms, ordnance, accoutrements, and am *Lottery tickets, if unauthorized by the State, taxed 314 cents on every $100 amount vended. Act of 1830. See Tax, Sec. 95. spected by the adjutant general. Organization of the division. Of the brigade. Of the regiment. munition so deposited in the arsenal, and the keeper of the arsenal is hereby required to submit to the inspection of the adjutant general the arms, ordnance, accoutrements, and ammunition, which may be in his care and keeping, on the days appointed by the said adjutant general, for the purpose of inspection as aforesaid; provided, the said keeper of the arsenal aforesaid, shall receive at least one day's notice thereof, as to the time when the inspection shall commence, in writing from the adjutant general, and in case the keeper of the arsenal aforesaid shall fail to produce the arms to be inspected by the adjutant general, after having the notice in writing as aforesaid, the keeper of the arsenal so refusing or neglecting, shall forfeit and pay the sum of twenty-five dollars, for each and every day's neglect or refusal, to be recovered by action of debt in any court having jurisdiction thereof. 2. Sec. VI. It shall be the duty of the adjutant general to report the state and condition of the arms so inspected by him, to each and every successive legislature. [The residue of this section, and the 7th, directing the governor to pay for these arms, if congress should not do it, out of what is due by the United States to this State-omitted as temporary.] An Act to revise and consolidate the militia laws of this State, and to repeal the cavalry laws now in force.-Approved Dec. 19, 1818. Vol. III. 459. 3. Sec. I. The militia of this State shall be laid off and apportioned into divisions, brigades, regiments, battalions, and companies; each division shall be commanded by a major general, whose staff shall consist of one division inspector, with the rank of lieutenant colonel, one quartermaster and two aids, with the rank of major each; each brigade shall be commanded by a brigadier general, whose staff shall consist of a brigade inspector, with the rank of major, a brigade quartermaster, and an aid-de-camp, with the rank of captain; each regiment shall be commanded by a colonel, whose staff shall consist of a quartermaster, a paymaster, and adjutant, with the rank of lieutenant, and one surgeon * The I. and II. sections direct the purchase of 10,000 stand of arms, field pieces not exceeding 12, 700 pair horsemen's pistols, and 1,000 horse men's swords; 10.000 pounds gunpowder, and other munitions. The III. and IV. sections relate to their custody at Louisville, all of which is deemed to be now obsolete. † As to inspections of divisions and brigades by the inspectors, see sec. 61, 62, 63. Arms directed to be distributed, act of Dec. 22, 1808. Vol. II. 444. III. 441. Removed to Milledgeville, III. 1118. Respecting arms burnt in Augusta; and concerning arms to be received from the U. States, IV. 136. Building an arsenal in Milledgeville, III. 1180. 1235. In Augusta, Pam. of 1831, p. 310. Annual reports on the quantity and state of the public arms, Vol. IV. 46 of Res. Ib. 110. Pam. 1830, p. 247. P'am. of 1831, p. 307. 1832, p. 242. 1833, p. 351. of 1834, p. 322. The military committee, in their report of 1824, recommend "That all voluntary corps in the State at any time be furnished with the arms they may require on such conditions as his excellency the governor may impose." Approved Dec. 18th, 1824. [Vol. IV. p. 47 of Res.] Resolved, That his excellency the governor, or his successors in office be, and he is hereby authorized and empowered, to furnish to the different volunteer companies of this State with the necessary arms, on its appearing that they are full and complete. Resolved, That the commanding officer of each volunteer company shall, at the time of receiving such arms, give a bond with security, to the governor, to be approved by him and his successors in office, in a sum equal to double the estimated value of such, to return the same in good order, when the company is dissolved, or required by the governor for the time being: Provided, that the governor do always retain in each arsenal such amount of arms as he may deem expedient and prudent [Pam, of 1831, p. 299.] |