dwellings for such persons. If in any place to which the act applies there is no officer of health, the local authority, with the approval of a secretary of state, may appoint such officer, whose duties will be to report premises in a condition dangerous to health, or unfit for human habitation, to the local authority.

By s. 12, whenever four or more householders living in or near to any street, by writing under their hands, represent to the officer of health that in or near to that street any premises are in a condition or state dangerous to health, so as to be unfit for human habitation, he is forthwith to inspect the premises and report thereon. If local authority neglect to enforce the act, the secretary of state may compel it to proceed, s. 13. Act extends to the United Kingdom, with modifications in its application to Scotland and Ireland.

CHAPTER XI.

Offences Against Public Order and Police.

I. CLANDESTINE MARRIAGE.

THE law having provided for the religious or public solemnization of marriage, it is an offence to celebrate the ceremony in a clandestine manner, and may be included among the number of offences against public order and police, by not partaking of that notoriety essential to its due celebration, and the knowledge of parties interested in the event.

By 6 & 7 W. 4, c. 85, persons unduly and knowingly solemnizing marriages in any other but a church or chapel of the establishment, or registered building, or in absence of registrar, or in less time than act prescribes (except by special license), are guilty of felony. But prosecutions are to be commenced within three years. If any person knowingly intermarry in any other than the place specified in the notice and certificate, or without notice to the superintendent, or due certificate of notice, or without license when necessary, or in the absence of a registrar or superintendent where his presence is required, the marriage is void.

Where a valid marriage is had by wilfully false notice, &c., the offending party forfeits all interest in property accruing by the marriage.

Persons wilfully making false declaration, or siguing false notices or certificate, or forbidding the issue of a certificate by false representation, are liable to the penalties of perjury.

Clandestine marriages are punishable at common law, independent of the Marriage Act, with fine and imprisonment.

II. BIGAMY.

Bigamy or polygamy is where a man marries a plurality of wives, or a woman a plurality of husbands.

By 24 & 25 V. c. 100, s. 57, if any person, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England, Ireland, or elsewhere, every such offender shall be guilty of felony, subject to penal servitude for not exceeding seven, nor less than three years, or imprisonment, with or without hard labour, not exceeding two years. But not to extend to any second marriage contracted out of England or Ireland, by any other than a subject of her Majesty; or to any person marrying a second time, whose husband or wife shall have been continually absent for seven years, and not having been known to be living within that time; or to any person who, at the time of such second marriage shall have been divorced; or to any person whose former marriage shall have been declared void by the sentence of a court of competent jurisdiction.

III. GAMES, WAGERS, LOTTERIES.

Gaming, or speculating on the chances of winning or losing money by any play, game, or diversion, is an offence not punishable at common law, unless it is so practised as to be injurious to public order and economy; but, by statute, the legislature has, in many instances, laid it under particular restraints.

By 8 & 9 V. c. 109, such part of the 33 H. 8, c. 9, is repealed, as imposes penalties for games of skill, such as bowls. tennis, and quoits, and for lacking bows and arrows, or for not maintaining butts; for mayors, sheriffs, and constables, not searching for places where dicing, carding, or gaming shall be suspected to be carried on; and also for that part which allows gentlemen and noblemen to license their servants to play at cards, dice, or any unlawful game.

In default of other evidence proving any house or place to be a common gaming-house, it is sufficient in support of the allegation in any indictment or information that any place is a common gaming-house, to prove that such place is kept or used for playing therein, at any unlawful game, and that a bank is kept there by one or more of the players, exclusively of the others, or that the chances of any game played therein are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play, or bet; every such place is deemed a common gaming-house, contrary to the law and the act of Henry 8, and by all other acts against unlawful games or gaming-houses.

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The power of the justices may be exercised by warrant, and on conviction before any two justices, either by evidence or their own confession, any owner or keeper of a common gaming-house may be fined in the sum of not above £100, or imprisonment of not more than six months, with or without hard labour, at the discretion of the justices; in case of the penalty not being paid a distress may be levied if thought proper, the keeper of the gaming-house may still be proceeded against by indictment, but not for the same offence, if punished summarily; nor is it necessary under this act to prove that any person found playing at any game was playing for money, wager, or stake

The commissioners of police may authorize the superintendent or constables to enter gaming-houses, to seize all instruments of gaming and all moneys, and to take into custody all persons found therein; they may also search all parts of the house for instruments of gaming.

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, 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 place is used as a common gaming-house, and that the persons found in the place where such have been discovered were playing therein, although no play was actually going on in the presence of the constable entering the same: such tables and instruments of gaming being forthwith destroyed. Witnesses are indemnified for all gaming transactions previous to the time of their giving evidence.

Justices at the general annual licensing meeting may grant licenses, if they think fit, to the keepers of inns, public-houses, or beer shops, for billiard-tables, bagatelle-boards, or instruments used in any game of a like kind; a notice of such license to be publicly displayed: the neglect of which, or for being unlicensed, subjects them to be proceeded against as common gaming-houses, and also to a penalty of £10 for every day in which such games are played, or imprisonment, with or without hard labour, for any time not exceeding a month; with a distress on the goods if the fine is not paid.

No person, whether he be a licensed victualler, or hold a license under this act, to allow of any play after one or before eight on any day, or at any time on Sundays, Christmas day, or Good Friday, or on fast or thanksgiving days, under the penalties imposed for being unlicensed; and any licensed victualler allowing of any play at any time when such premises are not allowed to be open for the sale of wine, spirits, or beer, to be deemed liable to the same penalties as if unlicensed. Constables and officers of police empowered to enter any licensed house when they think

proper; obstructions to them held contrary to tenor of license, and punishable accordingly.

By s. 23, no prosecutions under this act legal unless notice is given to the party at least one month before, nor unless the action be brought within three months from the date of the offence. By s. 17, if any person, by CHEATING at cards, dice, or the holding of stakes, or in wagering on the event of any game, sport, or pastime, win any sum of money, such person shall be deemed to have obtained money under false pretences, and be punishable accordingly.

By s. 18, all contracts, whether by parol or in writing, by way of gaming or WAGERING, made null and void, and not recoverable in any court of law or equity; but this clause not to apply to any subscription or agreement towards any plate or prize to be awarded to the winner in any lawful game or pastime.

The provisions of 8 & 9 V. c. 109, were partly frustrated by the keepers of gaming-houses fortifying the entrances to their houses, by which time was afforded to the gamblers to conceal or destroy the cards, dice, balls, or other instruments of gaming, so that the officers who visited such houses were unable to produce the needful evidence of a gaming-house. To remedy such defect of testimony, the 17 & 18 V. c. 38, was passed, and provides that any person who shall obstruct or delay the entrance of a constable or other officer, by any bolt, bar, chain, or other contrivance, shall be liable, on summary conviction, to any penalty not exceeding £100; or on non-payment, with costs, may be committed to prison, with or without hard labour, for any period not exceeding six calendar months. Obstructing the entrance of a constable to be evidence of a house being a common gaming-house, s. 2. Persons arrested refusing to give their names and addresses, or giving false names or addresses, liable to a penalty not above £50. The keeper of a common gaming-house liable, on conviction, to a penalty not above £500; or on non-payment, with costs, may be imprisoned for twelve calendar months, with or without hard labour, ss. 3, 4. Justices may require of the persons apprehended to give evidence on oath, and on their refusal may be punished for contempt. Persons required to be examined as witnesses, and making a full discovery, to be freed from all penalties, s. 6. Penalties and costs may be levied by distress. Half the penalties to go to an informer, the remainder to the poor of the parish.

By 9 & 10 W. 3, c. 17, all lotteries are declared public nuisances; and by 42 G. 2, c. 119, if any person shall keep any office or place for lotteries, called little goes, or any other lottery, or shall knowingly suffer it to be exercised or played at in his house, he shall forfeit £500. All state lotteries were discontinued after the 4 G. 4, c. 60, which was the last state lottery sanctioned by parliament.

By 6 & 7 W. 4, c. 66, if any person print or publish, or cause to be so done, any advertisement of any foreign or other lottery, not authorized by parliament, or any advertisement of the sale of

any ticket, share, or chance in such lottery, he shall forfeit £50, to be recovered with full costs of suit in Westminster, Dublin, or Edinburgh; half to the Queen, half to the informer or prosecutor. But by 8 & 9 V. c. 74, any such action for forfeiture or penalty must be instituted by the law officers of the crown in England, Scotland, or Ireland.

By several statutes of the reign of G. 2, all private lotteries by tickets, cards, or dice, and particularly the game of faro, basset, hazard, roulette, and other games with dice, except backgammon, are prohibited, under a penalty of £200 by him that erects such lotteries, and £50 a time for the player. All raffles and other devices under the denomination of sales, which are equivalent to lotteries, are prohibited, under heavy penalty, by a great variety of

statutes.

By 8 G. 1, c. 2, persons setting up offices for sale of houses, lands, goods, or other things by way of lottery forfeit £500. Persons selling or delivering tickets in any foreign lottery forfeit £200.

By 5 G. 4, c. 83, all persons playing or betting in any open or public place, with any table or instrument of gaming, at any game or pretended game of chance, may be treated as vagrants.

Under 2 & 3 V. c. 47, within the metropolis imits the police are empowered, on the complaint of two householders on cath, forcibly to enter any gaming-house, destroy the tables and instruments of gaming, seize all moneys and securities, and take all present into custody; and the managers of the house are liable to a penalty of £100, or six months' imprisonment, at the discretion of the magistrates, and others present to a penalty of £5. Proof of gaming for money not necessary to support an information.

IV. SUPPRESSION OF BETTING-HOUSES.

An extensive species of gaming having sprung up in houses of this description tending to the injury and demoralization of improvident persons, by the occupiers receiving money in advance, on promise to pay money, on events of horse-races, and like contingencies, the 16 & 17 V. c. 119, provides for their suppression. Under this act, no house or office is to be kept or used for any such purpose, or for any assurance, promise, or agreement, expressed or implied, to pay or give any money or valuable thing on the event of any horse-race, fight, game, sport, or exercise; every house, office, room, or other place opened, kept, or used for such purposes, declared to be a common nuisance and common gaming-house, within the meaning of the 8 & 9 V. c. 109 (p 675). Penalty on owner or occupier, on conviction before two justices, a sum not exceeding £100, with costs, or, on non-payment, to be committed to the house of correction, with or without hard labour,