Be it enacted by the Senate and House of Representa- Chap. 57 AN ACT REPEALING ONE CLAUSE OF AN ACT, PASSED IN THE Preamble. Paragraph repealed. the bridges, &c. shall be maintained. YEAR ONE THOUSAND SEVEN HUNDRED AND EIGHTY, EN TITLED, AN ACT FOR INCORPORATING THE EASTERLY PART Whereas by the said act, it is enacted," That the inhab- Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the before recited enacting paragraph, in the said act, be, and it hereby is, repealed. And be it further enacted by the authority aforesaid, Manner in which That the town of Sudbury shall, from and after the passing of this act, support and maintain the Canal Bridge, so called, and the butments of the said bridge, and sixtyfour poles or perch of the long causeway adjoining to the said Canal Bridge, and lying on the south westerly side of the same, viz.: beginning at the south-westerly butment of said Canal Bridge, and from thence running on the said causeway, towards the town of Sudbury, to the utmost extent of sixty-four poles; said bridge and cause- 1785. Chapter 58. [February Session, ch. 4.] AN ACT TO PREVENT GAMING FOR MONEY, OR OTHER PROP- Chap. 58 ERTY. Whereas the practice of gaming for money or other prop- Preamble. erty, is not only injurious, in a high degree, to the individuals concerned therein, but also in its tendency, ruinous and destructive to the State: &c. given for Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That all notes, bills, bonds, judgments, mort- Notes, bonds, gages, or other securities or conveyances, whatsoever, property won by gaming, given, granted, drawn, entered into, or executed by any declared void. person or persons whatsoever, where the whole, or any part of the consideration of such conveyances or securities shall be for any money or other valuable thing whatsoever, won by gaming or playing at cards, dice or any other game or games whatsoever, or by betting on the side or hands of any person gaming, or for the reimbursing, or repaying any money knowingly lent, or advanced for any gaming or betting, or lent and advanced at the time and place of such play, to any person or persons, so gaming or betting, or that shall during such play, so play or bet, shall be void and of no effect; and that where such mortgages, securities, or other conveyances shall be of lands, tenements or hereditaments, or shall be such as incumber or affect the same, such mortgages, securities or other conveyance, shall enure, and be to the sole use and benefit of 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 incumbering the same, had been naturally dead; and that all grants or conveyances to be made for the preventing of such lands, tenements or hereditaments from Persons losing money, &c. by sue for and recover the same of the person winning, with costs of suit. coming to, or devolving upon such person or persons, hereby intended to enjoy the same as aforesaid, shall be deemed fraudulent, void, and of no effect, or purpose whatever. And be it further enacted, That any person or persons, gaming, ma who shall at any time, or sitting, by playing at cards, dice, or any other game or games whatsoever, or by betting on the sides or hands of such as do game, lose to any one or more person or persons, so playing or betting, any sum or sums of money, or any other valuable thing whatsoever, 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 to sue for and recover the money or goods so lost and paid or delivered, or any part thereof, or damages, to the full value of the same, from the respective winner or winners thereof, with costs of suit, by action to be commenced within three months next after the losing, paying or delivering the same, in which it shall be sufficient for the plaintiff to alledge, in an action of assumpsit, that the defendant had received to the plaintiff's use the money so lost and paid; and in an action of trover for the goods so lost and delivered, that they came to the hands of the defendant without mentioning in the declaration the particular manner In case the per- and occasion of the goods or monies being lost; and in case the person or persons who shall lose such money or other thing as aforesaid, shall not within the time aforesaid really and truly, without coven or collusion, sue and for and recover 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 to sue for and recover treble the value of the money, goods or chattels, with full costs of suit, by action of debt upon this statute, against such winner or winners as aforesaid, 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 town where the offence shall be committed. And be it further enacted, That any person who shall ning money, &c. be convicted on an indictment of the Grand Jury, before the Court of General Sessions of the Peace, or the Supreme Judicial Court, of winning at any one time or sitting, of any person or persons, by gaming or betting as aforesaid, in money, goods or chattels, to the value of twenty shillings or upwards, and of receiving the same, or security son losing shall not sue within 3 months, it may be lawful for any other person to sue treble the value. Persons convicted of win therefor, shall, besides forfeiting double the amount or Forfeiture. value of the money, goods or chattels so won and received, to the poor of the town where the offence is committed, be adjudged incapable of holding, keeping or sustaining, directly or indirectly, any office of honour or profit in this Commonwealth, for the term of twelve months from the time of such conviction: Provided always, such indictment be found within eighteen months next after the offence committed. against persons conducted. And be it further enacted, That in suits hereafter brought Suits brought by the person losing money, goods or chattels against the winning, how person winning the same, when it shall appear from the declaration, that the goods, said to be lost came to the hands of the defendant, by gaming, or the money he had received was by gaming, then, and in such case, if the plaintiff shall offer to make oath, and if required by the Court where the trial is, shall actually swear to the losing the money, goods or chattels by gaming with the defendant, at the time and place alleged, judgment shall be rendered for the plaintiff to recover damage, to the amount of the goods or money the defendant has received of the plaintiff by gaming, with costs of suit, unless the defendant will swear that he did not receive of the plaintiff the money, goods or chattels for which he is sued, or any part of them, by gaming; and when the defendant discharges himself on oath as aforesaid, he shall recover of the plaintiff his reasonable costs. Provided nevertheless, That nothing in this act shall be Proviso. so construed as to prevent the supporting and proving any declarations on the aforesaid actions, in the same manner as other declarations are proved, but it shall be considered as optional with the plaintiff either to proceed in proving his declaration in the way specially provided in this act, or in the same way other declarations are proved; any thing herein to the contrary notwithstanding. And be it further enacted, That if any person shall play at cards, dice or billiards, or with any other implements used in gaming, in any tavern or house of entertainment, or place licensed for retailing spirituous liquors, or in any of the out houses, yards, gardens or appendages of the same, or shall in any of the houses or licensed places aforesaid, expose to view any of the implements aforesaid, or shall be seen sitting at any table therein with any of the said implements before him, and shall be convicted thereof Penalty for playing at cards, entertainment. before any Justice of the Peace, or any Court of General 1785.- Chapter 59. [February Session, ch. 20.] Chap. 59 AN ACT FOR ADJOURNING NORTHAMPTON COURT, AND TO Preamble. Northampton Court adjourned, &c. Any two Jus. tices declared a quorum. AUTHORIZE ANY TWO OF THE JUSTICES OF THE SUPREME Whereas the suits civil and criminal, now pending in the Supreme Judicial Court in the Counties of Worcester and Hampshire, are so numerous that the time by law allowed the Justices of the Supreme Judicial Court to hear and determine the same, with such others as will probably be pending therein at their next session in the said counties respectively, will be quite insufficient for that purpose: Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the Supreme Judicial Court by law to be holden at Northampton, within and for the county of Hampshire, on the last Tuesday of April next, be, and hereby is, adjourned unto the first Tuesday of May next, then to be held at Northampton aforesaid, within and for the county of Hampshire, and all matters civil or criminal now pending, or that may be there pending on the said last Tuesday of April, shall be heard, tried, adjudged and determined in the same Court, on the first Tuesday of May next, in the same way and manner as though the said Court had not been adjourned. And that the Justices of the same Court, or any three of them, may have sufficient time to hear and determine the several matters and things that may be pending thereat, on the said first Tuesday of May, in the said county: Be it further enacted by the authority aforesaid, That any two of the Justices of the Supreme Judicial Court for the time being, may and shall be a quorum for hearing and determining the several matters and things, civil and |