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come together to game and play, and the same idle and ill-disposed persons to be and remain in the said common gaming-house, and to game and play together, on the said, &c., at, &c., and on the said other days and times there, did unlawfully and injuriously procure, permit and suffer, by means whereof divers noises, disturbances and breaches of the peace of the said state, then and on the said other days and times, were there occasioned and committed; to the great encouragement of idleness and dissipation, to the great damage. and common nuisance, &c., and against, &c. (Conclude as in book 1, chap. 3.)

Second count.

Like the first, only saying: "a certain common gaming-room in a certain house."

(739) Third count. The game played being hazard.

That the said M. M. on, &c., and on divers other days and times between that day and the said, &c., with force and arms at, &c., aforesaid, a certain other gaming-house there situate, unlawfully and injuriously did keep and maintain, for the gaming and playing at a certain and unlawful game with dice called hazard, (a) and in the said last mentioned common gaming-house, on, &c., in the year aforesaid, and on the said last mentioned days and times, there unlawfully and unjustly did cause, procure, permit and suffer divers idle and ill-disposed persons to frequent and come together to game and play together at the said unlawful game called hazard, and the said last mentioned idle and ill-disposed persons to be and remain in the said last mentioned common gaming-house, and to game and play together at the said unlawful game called hazard, on the said, &c., and on the said last mentioned other days and times there did unlawfully and injuriously procure, permit and suffer the said last mentioned persons, in the said last mentioned gaming-house there, on the said, &c., and on the said other days and times, by such last mentioned procurements, permission and sufferance of the said M. M., did game and play together at the said unlawful game called, &c.; to the great danger, &c. (as in the first count).

Fourth count.

Like the third, saying: "common gaming-room," &c., as in the second.

(740) Same, and permitting persons unknown to play at E. 0.(b)

And the jurors, &c., do further present, that W. W. being such idle, &c., and not minding, &c., on, &c., aforesaid, and on divers other days, &c., with force and arms at, &c., aforesaid, a certain common gaming-house there situate, for his lucre and gain, unlawfully and injuriously did keep and maintain, and in the said last mentioned gaming-house a certain common gaming table called an E. O. table, for the use and purpose of divers idle and ill

bank or gaming table, or had otherwise been guilty of unlawful gaming, in other counties; Com. v. Hopkins, 2 Dana 420; sed quere.

A single act of gaming, unaccompanied with circumstances of aggravation, is, it is said, not such a misdemeanor as will authorize a court to require sureties for good behavior; Estes v. State. 2 Humph. 469.

An indictment under the South Carolina act of assembly of 1816, to prevent gaming, against a person for permitting persons to play cards at his house, being a public house, is not good, unless it state that the persons were playing at such games as were not excepted in the act, and where a conviction had taken place on such an indictment the judgment was arrested; Reynolds v. State, 2 N. & M'Cord 365.

(a) See stat. 33 Hen. VIII. c. 9; 1 Hawk. c. 92; and 42 Geo. III. c. 119, respecting Little Goes; Dickinson's Q. S. 6th ed. 426.

(b) 3 Chit. C. L. 674.

disposed persons whose names are to the jurors aforesaid unknown, to resort and frequent, and come together to play at a certain unlawful game called E. O., did then and there, to wit, on, &c., aforesaid, and on the said other days and times there, unlawfully and injuriously keep and maintain, and did cause and procure and permit and suffer divers idle, &c., to frequent and come together to game and play at and with the said common gaming table, at the aforesaid game called E. O., and the said idle, &c., to be and remain at the said last mentioned common gaming table, at the aforesaid unlawful game called E. O., then and there, to wit, on, &c., at, &c., and on the divers other days and times at, &c., did unlawfully and injuriously procure, permit and suffer, to the great encouragement of idleness and dissipation, to the great damage and common nuisance of all the liege subjects of our said lord the king, and against the peace, &c. (Conclude as in book 1, chap. 3.)

Fourth count.

Like the third, with the same difference between the second and first, viz., the substitution of "a certain common gaming-room." Add a count merely charging the defendant with keeping a common gaming-house," for which see Holroyd J. in B. & C. 272.

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(741) Gaming-house. Form in use in New York.

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That A. B., late of, &c., yeoman, on, &c., and on divers other days and times between that day and the day of taking this inquisition, with force and arms at, &c., a certain common gaming-house there situate, for his lucre and gain unlawfully and injuriously did keep and maintain, and in the said common gaming-house then and there unlawfully and injuriously did cause an procure divers idle and ill-disposed persons to be and remain, and the said idle and ill-disposed persons on, &c., in the year last aforesaid, and on divers other days and times between that day and the day of taking this inquisition, to game together and play at cards, dice, billiards, said common gaming-house aforesaid, then and there did unlawfully and injuriously procure, permit and suffer, and the said idle and ill-disposed persons then and there in the said common gaming-house aforesaid, on the day and year last aforesaid, and on the said other days and times, by such procurement, permission and sufferance of the said A. B., did game together and play at cards, dice, billiards (stating other games if any), for money, to the great damage and common nuisance, &c., against, &c. (Conclude as in book 1, chap. 3.)

(742) Against an innholder, in Massachusetts, for allowing ninepins, &c., to be played on his premises.(e)

That A. B., on, &c., at, &c., not being then and there licensed as an innholder, victualler or retailer of spirituous liquors, for hire, gain and reward,

(e) Com. v. Goding, 3 Metc. 291; Com. v. Stowell, 9 Metc. 573.

In the latter case, Dewey J. said: "The case of Com. v. Goding, 3 Metc. 130, is a decisive authority to show that the game of bowls is an unlawful game within the provisions of the Rev. Stats. c. 50, s. 17. The next question raised is, whether it be com petent to charge the defendant for two distinct offences, under that statute. If the offence charged was the keeping, in his dwelling-house, of tables for the purpose of playing at billiards, which is the offence first described in this section, the argument that this was one continuing offence, and not susceptible of a division, or properly chargeable as distinct offences, would deserve consideration. But the case before us does not present that question.

"The statute provides that, 'if any person not licensed as an innholder, victualler or retailer of spirituous liquors, shall keep or suffer to be kept, in any house, building, yard, garden or dependency thereof, by him actually used or occupied, any tables for

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unlawfully did suffer certain persons, whose names to the jurors are unknown, to resort to a certain building there situate, and by said A. B. then and there actually used and occupied for the purpose of playing at bowls and ninepins, the same being then and there an unlawful game, against the peace, &c. (Conclude as in book 1, chap. 3.)

(743) Against same for keeping gaming cocks, under, Rev. Stat. c. 47, s. 9.(ƒ)

That T., &c., at, &c., on, &c., did have in his the said T.'s house, in said W., certain game-cocks, the said game-cocks being then and there implements of gaming, the said T. being then and there duly licensed, according to law, as an innholder, and the said house being the same in which the said T. was so licensed, according to law as an innholder, as aforesaid; and he the said T., being then and there in said house, in the occupation of an innholder as aforesaid, under said license, and he the said T. did then and there suffer certain persons then and there resorting to said house, to wit, A. B., &c., and C. D., &c., then and there to use and exercise, within his the said T.'s said house, the game of cock-fighting, the same being an unlawful game, to wit, with the game-cocks aforesaid; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(744) Against tavern-keeper for permitting unlawful gaming in Pennsylvania.(g)

That A. B., &c., on, &c., and at divers other days and times between that day and the day of the taking this inquisition, with force and arms, &c., at, &c., then and at the said other days and times being a tavern-keeper and a

the purpose of playing at billiards, for hire, gain or reward, or shall for hire, gain or reward, suffer any person to resort to the same for the purpose of playing at billiards or any other unlawful game, every person so offending shall, for every such offence, forfeit,' &c.

"It is this latter offence, and not the act of keeping a house or place for playing at billiards, &c., which is the subject of the present indictment. The offence here charged is not a continuing offence. It consists in permitting persons, for hire and reward, to resort to a building used by the defendant, for the purpose, on their part, of playing at bowls. This offence may be repeated from day to day, and in connection with different individuals, and of course may be the subject of distinct indictments, or distinct counts in the same indictment.

"Such being the nature of the offence, it is properly charged on a single day certain, and not on divers days and times.

"It is then objected to the sufficiency of this indictment, that it does not allege that the persons who resorted to the building used by the defendant, actually played there at the game of bowls. But the statute offence is complete, if they were permitted by the defendant to resort to a building by him used for the purpose of playing at bowls. The indictment is, we think, sufficient in this respect.

"It is further objected to the indictment, that it does not allege that any persons resorted to the building of the defendant for the purpose of playing at bowls. This objection arises upon the collocation of the words 'for the purpose of playing at bowls.' These words, alleging the purpose, &c., are supposed by the counsel for the defendant to be solely applicable to the building, and introduced to define the character of the house, and not the purpose for which the visitors resorted to the house. This, as it seems to us, is an erroneous reading of the indictment. The allegation of 'the purpose of playing at bowls,' seems more distinctly to be applied to the persons who resorted to the house.

"The allegation is, that the building was actually used and occupied by the defendant, and that while it was thus occupied and used, he, for hire and reward, permitted certain persons to resort thereto for the purpose of playing at bowls. The language is reasonably certain, and brings the case within the statute."

(f) Com. v. Tilton, 8 Metc. 234.

(9) This indictment originally appeared in Reed's Digest.

retailer of spirituous liquors within the said county, unlawfully did permit and allow divers games of address and hazard at cards to be practised and played at for money within his house in the said county; and then and the said other days and times, in his said house, did permit divers persons to the inquest aforesaid unknown, to be and remain playing, betting and gaming for money, at cards and other unlawful games; to the evil example, &c., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(745) Against a person in same, for keeping a gambling device called sweatcloth.(h)

That L. W., late of, &c., yeoman, on, &c., at, &c., unlawfully did publicly and privately set up, erect, make, exercise, keep open, show and expose to be played at, drawn at and thrown at by dice, numbers and figures, a certain play and device called sweat-cloth, and then and there unlawfully did cause and procure to be set up, erected, made, exercised, kept open, showed and exposed to be played at, drawn at and thrown at, by dice, numbers and figures, a certain play and device called sweat-cloth, contrary, &c., to the common nuisance, &c., and against, &c. (Conclude as in book 1, chap. 3.) Common gaming-house.

(746) Second count.

That the said L. W., on the day and year aforesaid, at the county afore said and within the jurisdiction of this court, with force and arms, &c., did keep and maintain, and yet doth keep and maintain, a certain common, illgoverned and disorderly gaming-house there situate, and then in his said gaming-house did cause, entice and procure divers disorderly and idle persons to come and resort, and then and there in his said house, the same disorderly and idle persons to be and remain drinking, tippling, gaming and playing at unlawful games with dice, numbers and figures, for money, liquor and other valuable things, unlawfully did procure, permit and suffer, to the common nuisance, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(747) Gambling under Pennsylvania act of 1847. First count, keeping a room for gambling.(i)

That T. E. J. K., late of, &c., yeoman, and R. B., late of, &c., yeoman, on, &c., at, &c., unlawfully did keep a room to be used and occupied for gambling, and did knowingly permit the same to be used and occupied for gambling, to the great scandal of public morals, to the evil example, &c., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) Exhibiting gambling apparatus.

(748) Second count.

That the said T. E. J. K. and the said R. B., on the day and year aforesaid, at the county and within the jurisdiction aforesaid, unlawfully did keep and exhibit a certain gaming table, and devices and apparatus to win money thereat and therewith, contrary to the form of the act of the general assembly in such case made and provided, to the evil example, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(749) Third count. Aiding persons unknown in keeping a gambling table. That the said T. E. J. K. and R. B., on the day and year aforesaid, at the county and within the jurisdiction aforesaid, unlawfully did aid and assist certain persons whose names are to the inquest aforesaid as yet unknown, to keep a certain gaming table, and device and apparatus thereto belonging, to win and gain money thereat and therewith, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(h) Drawn in 1808, by Mr. Thomas Sergeant, then deputy attorney-general. These counts were sustained in Com. v. Kerrison, Philadelphia, Sept. T. 1847.

(750) Fourth count. Persuading J. S. to visit a gambling room. That the said T. E. J. K. and R. B., on the day and year aforesaid, at the county and within the jurisdiction aforesaid, did unlawfully persuade and prevail on one J. W. S., by means of an invitation then and there given by the said T. E. J. K. and R. B., to the said J., to visit a certain room then and there kept for the use of gambling, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(751) Against a tavern-keeper for holding near his house a horse-race, under the Pennsylvania statute. (j)

That S. B., late of, &c., yeoman, on, &c., at, &c., the said S. then and there being the keeper of a public house, a certain horse-race on, &c., had, holden and run, near the house of the said S B., at which said horse-race, divers sums of money and other valuable things were betted, staked and striven for, and were lost and won, did incite, promote and encourage, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

That afterwards, to wit, on the day and year last aforesaid at the county aforesaid, a certain horse-race was had, holden and run, near the house of the said S. B., at which said horse race divers sums of money and other valuable things were betted, staked and striven for and were lost and won, and that certain evil and ill-disposed persons being then and thus assembled together and attending at and upon the said horse-race, the said S. B., on the day and year aforesaid, at the county aforesaid and within the jurisdiction of this court, &c., to the said evil and ill disposed persons so assembled together and as aforesaid then and there, had holden and run, divers quantities of wines, spirituous liquors, beer, cider and other strong drink did furnish, contrary &c., and against, &c. (Conclude as in book 1, chap. 3.)

(752) For a masquerade, under Pennsylvania statute of 15th February, 1808.(k)

the

that

The grand inquest of the Commonwealth of Pennsylvania, inquiring for of upon their oaths and affirmations respectively do present, late of, &c., on, &c., at, &c., did set on foot, promote and encourage a masquerade within the aforesaid, to the great danger, &c., to the common nuisance, &c., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(753) Gaming with persons of color, under the South Carolina statute.

That A. B., being a white person, on, &c., at, &c., unlawfully did game at a certain game played with and did then and there unlawfully bet upon a certain game, then and there played with by the said and to which the said then and there ; and then and there unlawfully and willingly was present, aiding and abetting the said in then and there playing with at a certain game of chance, against &c.,

part

and against, &c. (Conclude as in book 1, chap. 3.)

(754) Gaming in Alabama. First count, playing at cards.

That A. B., late of, &c., on, &c., in the county aforesaid, did play at a

(j) This form was prepared by Jared Ingersoll, Esq., the then attorney-general of Pennsylvania.

(k) 4 Smith L. 490.

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