XII. And, whereas divers lewd women, being got with child of bastards, do oftentimes, before their delivery, absent & remove themselves from their usual places of abode, and abscond in other counties, and sometimes remove into other colonies, until the time of their delivery, and then return to their former habitations; whereby the laws made to punish such offences, are evaded, and the due course of justice for obliging the reputed fathers of such bastards to provide for their maintenance, often obstructed and prevented: For remedy whereof for the future,

Fine on a wo

XIII. Be it enacted, by the authority aforesaid, That whensoever hereafter, any lewd woman shall be deliv- man having ered of a bastard child, and be thereof lawfully con- a bastard. victed, she shall, for every such offence, be liable and compellable to pay the sum of five hundred pounds of tobacco, and cask, or fifty shillings current money of Virginia, to the churchwardens of the parish, wherein she shall be delivered: Which shall and may be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this colony; wherein no essoin, protection, or wager of law, shall lie, or any more than one imparlance. Which fine, recovered as aforesaid, shall be accounted for, by the churchwardens, to the use of the said parish. And if any person or persons offending herein, shall refuse or paiment to fail to make present paiment, or give sufficient security be whipt. for the paiment of such fine at the laying of the next parish levy after such conviction, every person so refusing or failing, shall receive on her bare back, at the public whipping-post, twenty-five lashes, well laid on.And in either of the cases, of paying the fine, or whipping, the said woman shall be discharged of all further or other prosecution.

On failure of

XIV. And be it further enacted, by the authority Notice of aforesaid, That the person or persons in whose house bastards, to be given to such woman shall be delivered, upon such delivery shall churchwargive notice thereof, to the churchwardens of the parish, dens. or to one of them, wherein such child shall be born: And if the person in whose house the said woman shall be delivered, shall neglect or fail to give such notice, or to secure the person of the woman so offending until such notice given, or suffer her to escape, that then the person in whose house such delivery shall happen, shall forfeit and pay the sum of five hundred pounds of

Penalty for failure.

tobacco, or fifty shillings current money; for the use of the poor of the parish where he or she shall dwell: to be recovered as aforesaid. And in case of non-paiment, or refusal to give security for the paiment thereof at the next parish levy, to receive twenty-five lashes on the bare back as aforesaid.

All notes, bills, bonds,

void.

CHAP. VIII.

An Act for preventing of excessive and deceitful Gaming.

I.

F

OR preventing the mischiefs which happen by excessive and deceitful gaming, Be it enacted, securities, &c by the Lieutenant-Governor, Council, and Burgesses, of for money won, or lent, this present General Assembly, and it is hereby enacted, at gaming, by the authority of the same, That from and after the first day of April, one thousand seven hundred and twenty eight, all promises, agreements, notes, bills, bonds, judgments, mortgages, or other securities or conveyances whatsoever, made, given, granted, drawn, or entered into, or executed, by any person or persons whatsoever, where the whole or any part of the consideration of such promise, agreement, conveyances, or securities shall be, for any money, or other valuable things whatsoever, won by gaming, or playing at cards, dice, tables, tennis, bowls, or other game or games whatsoever, or by betting on the sides or hands of such as do game, at any of the games aforesaid, or for the reimbursing or repaying any money, knowingly lent or advanced for such gaming or betting, as aforesaid, or lent or advanced at the time and place of such play, to any person or persons so gaming or betting, as aforeseid, or that shall, during such play, so play or bett, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.

Lands, &c.' mortgaged,

II. And that where such mortgages, securities, or or conveyed, other conveiances, shall be of lands, tenements, or on gaming hereditaments, or shall be such as incumber or affect considerati- the same, such mortgages, securities, or other conveions, devolve ances, shall enure, and be to and for the sole use and benefit of, and shall devolve upon such person or per

sons 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 incumbring the same, had been naturally dead; and as if such mortgages, securities, or other conveiances, had been made to such person or persons so to be entitled, after the decease of the person or persons so incumbring the same. And that all grants or conveiances to be made for the preventing of 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 effcct, to all intents and purposes whatsoever.

III. And be it further enacted, by the authority afore- Money won, said, That from and after the said first day of April, may be reco vered back, one thousand seven hundred and twenty eight, any per- by loser, son or persons whatsoever, who shall, at any time or within three sitting, by playing at cards, dice, tables, or other game months. or games whatsoever, or by betting on the sides or hands of such as do play at any of the games aforesaid, lose to any one or more person or persons so playing or betting, in the whole, the sum or value of ten pounds current money, and shall pay or deliver the same, or any part thereof; the person or persons so losing, and paying or delivering the same, shall be at liberty, within three months then next, to sue for and recover the money or goods so lost, and paid or delivered, or any part thereof, from the respective winner and winners thereof, with costs of suit, by action of debt founded on this act; to be prosecuted in any of his majesty's courts of records, in which actions or suits, no essoin, protection, privilege, or wager of law, or more than one imparlance shall be allowed. In which actions, it shall be sufficient for the plaintiff to alledge, that the defendant or defendants are indebted to the plaintiff, or received to the plaintif's use, the money so lost, and paid or converted the goods won of the plaintiff to the defendant's use, whereby the plaintif's action accrued to him, according to the form of this act, without setting forth the special matter. And in case the person or Or, by any other, and persons who shall lose such money, or other thing, as treble the aforesaid, shall not, within the time aforesaid, really value. and bona fide, and without covin or collusion, sue, and with effect prosecute, for the money or other thing 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, and treble the value thereof, with costs of suit, against such winner or winners, as aforesaid: the one moiety thereof to the use of the person or persons that will sue for the same; and the other moiety to the use of the poor of the parish where the offence shall be committed.

Defendant

IV. And for the better discovery of the monies, or other things so won, and to be sued for and recovered, as aforesaid,

V. It is hereby further enacted, by the authority acompellable foresaid, That all and every the person or persons, who,

to discover money won on oath.

by virtue of this present act, shall or may be liable to be sued for the same, shall be obliged and compellable to answer, upon oath, such bill or bills as shall be preferred against him or them, for discovering the sum and sums of money, or other thing, so won at play, as aforesaid.

On discovery VI. Provided always, and be it nevertheless enacted, and re-pay- by the authority aforesaid, That upon the discovery and ment, dis- re-paiment of the money, or other thing, so to be discharged. covered and repaid, as aforesaid, the person or persons who shall discover and repay the same, as aforesaid, shall be acquitted, indemnified, and discharged, from any further or other punishment, forfeiture or penalty, which he or they may have incurred, by the playing for, or winning such money, or other thing so discovered and repaid, as aforesaid; any former or other act, law, or usage, or any thing in this present act, contained to the contrary thereof, in any-wise, notwithstanding.

VII. And be it further enacted, by the authority aforeCheating, at gaming, how said, That if any person or persons whatsoever, at any punishable. time or times after the said first day of April, one thousand seven hundred and twenty eight, do or shall, by any fraud or shift, cozenage, circumvention, deceit, or unlawful device, or ill practice whatsoever, in playing at or with cards, dice, or any of the games aforesaid, or in or by bearing a share or part in the stakes, wagers, or adventures, or in or by betting on the sides or hands of such as do or shall play, as aforesaid, win, obtain, or acquire, to him or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever; that then every person so winning by such ill practice, as aforesaid, and being thereof convicted upon any indictment or information to be exhibited against him or them for that purpose, shall forfeit five times the value of the sum or sums of money, or other thing so won, as aforesaid; and shall be deemed infamous, and suffer such corporal punishment, as in cases of wilful perjury: And such penalty to be recovered by such person or per sons as shall sue for the same, by such action, as aforesaid.

VIII. And whereas, divers lewd and dissolute persons live at great expenses, having no visible estate, profession, or calling, to maintain themselves, but support those expences by gaming only;

be bound to

IX. Be it therefore further enacted, by the authority Common aforesaid, That it shall and may be lawful for any two gamblers to or more of his majesty's justices of the peace in any their good county or city whatsoever, to cause to come, or be behaviour. brought before them, every person or persons within their respective limits, whom they shall have just cause to suspect to have no visible estate, profession, or calling, to maintain themselves by, but do, for the most part, support themselves by gaming. And if such person or persons shall not make it appear to such justices, that the principal part of his or their expences is not maintained by gaming, that then such justices shall require of him or them sufficient securities for his or their good behaviour for the space of twelve months. And in default of his or their finding such securities, to commit him or them to the common goal, there to remain until he or they shall find such securities, as aforesaid.

breach of re

X. And be it further enacted, by the authority afore- What a said, That if such person or persons so finding sureties, as aforesaid, shall, during the time for which he cognizance. or they shall be so bound to their good behaviour, at any one time or sitting, play or bett for any sum or sums of money, or other thing exceeding in the whole the sum or value of five shillings current money, that then such playing shall be deemed and taken to be a breach of his or their behaviour, and a forfeiture of the recognizance given for the same.

XI. And for the preventing of such quarrels as shall and may happen, upon the account of gaming,

D 2-Vol. 4.