such penalty (not being more than 5001.) as shall be adjudged by such justices: or, in the discretion of such justices, may be committed to the house of correction, with or without hard labour, for not more than twelve calendar months. And there is a proviso that such proceedings before the justices shall not prevent any proceeding by indictment against the owner, keeper, or manager of such house (i); but that, on the other hand, no person who has been so summarily convicted, shall be liable to be proceeded against, by indictment, for the same offence (k). It is also enacted, by these statutes, that every person who shall have been concerned in any unlawful gaming, but who on being examined as a witness before any justice of the peace, or on the trial of any indictment or information against the owner, or keeper, or person having the care of any common gaming house, touching such unlawful gaming,- shall make true discovery thereof to the best of his knowledge, shall be entitled to receive from the court, a certificate of his having done so; and shall be thereupon freed from all criminal prosecutions, forfeitures, and disabilities, for any thing done in respect of the unlawful gaming in which he was so concerned (1). But on the other hand, that any person found in any house, room or place legally entered by the police, under a warrant, as a suspected gaming place (m), may be required to be examined and to give evidence touching any unlawful gaming therein, or touching any obstructions to the entry; and shall not be excused from being examined or from answering any (i) But by 22 & 23 Vict. c. 17, no indictment for keeping a gambling house shall be presented to, or found by the grand jury, without security given for the due prosecution of the charge, unless the indictment be by direction of a judge, &c. (k) 8 & 9 Vict. c. 109, s. 4; and see 17 & 18 Vict. c. 38, s. 4. (1) 8 & 9 Vict. c. 109, s. 9. (m) Heavy pecuniary penalties are laid by 8 & 9 Vict. c. 109, and 17 & 18 Vict. c. 38, on such as unlawfully obstruct the authorized entrance of the police into suspected houses; or who, being found there, give false names or addresses. question put to him touching such matters, on the ground that his evidence will tend to criminate himself (n). And further, that every person who shall by any fraud, unlawful device, or ill practice,-in play, betting, or wagering at any game,-win any sum of money or valuable thing, shall be deemed guilty of obtaining the same by a false pretence, and be punished accordingly (o); and that all contracts, (whether by parol or in writing,) by way of gaming or wagering, shall be null and void (p); and that no suit at law or in equity, shall be brought to recover from a stakeholder, a deposit on a wager (q). There is, however, a proviso, that this last enactment shall not be deemed to apply to any subscription towards a plate or prize at any lawful game, sport, pastime, or exercise (r). 5. [By statute 10 & 11 Will. III. c. 17, all lotteries, are declared to be public nuisances; and all grants, patents, or licences for the same, to be contrary to law (s);] and by (n) 17 & 18 Vict. c. 38, s. 5. As to this being, in other cases, a ground for a witness refusing to answer particular questions, vide sup. vol. 111. p. 636. (0) 8 & 9 Vict. c. 109, s. 17. As to obtaining money by false pretences, vide sup. p. 229. 171. (9) As to this provision, see Varney v. Hickman, 5 C. B. 271. (r) As to horse racing for a plate or prize, it may be observed, that it does not itself fall under any prohibitory enactment. For though, by 13 Geo. 2, c. 19. no plates or matches at horse races under 50%. value, could be run under penalty of 2001., this enactment was repealed by 3 & 4 Vict. c. 5. But as to bets or wagers on horse racing, see Evans v. Pratt, 2 M. & G. 769; Thorpe v. Coleman, 1 Q. B. 990; Pugh v. Jenkins, 1 Q. B. 631; Bentinck v. .Connop, 5 Q. B. 693; Applegarth v. Colley, 10 Mee. & W. 723. As to a coursing match, see Daintree v. Hutchinson, 10 Mee. & W. 85. As to a footrace, see Batty v. Marriott, 5 C. B. 817. (p) 8 & 9 Vict. c. 109, s. 18; see Applegarth v. Colley, 10 Mee. & W. 723; Thorpe v. Coleman, 1 C. B. 990; Varney v. Hickman, 17 L. J. (C. B.) 102; Gatty v. Field, 9 Q. B. 431; Moon v. Durden, 2 Exch. 22. By 5 & 6 Will. 4, c. 41, (amending 9 Ann. c. 14,) all notes, bills, or mortgages, given for money won at play shall be deemed to be given on an illegal consideration; and are consequently void between the original parties; but they are not void in the hands of indorsees or purchasers for valuable consideration without notice. As to the above provision, see Hay v. Ayling, 20 L. J. (Q. B.) (s) As to lotteries, see also 9 Ann. c. 6, s. 56; 10 Ann. c. 26, s. 109; 8 Geo. 1, c. 2, ss. 36, 37; 9 Geo. 1, 12 Geo. II. c. 28, 13 Geo. II. c. 19, and 18 Geo. II. c. 34, all private lotteries by tickets, cards, or dice, are specifically prohibited. State lotteries, however, were, for the purposes of revenue, continued to be authorized from time to time by successive Acts of parliament, until the 6 Geo. IV. c. 60, which utterly abolished them. 6. To this head we may also refer the offences of [making, keeping or carrying too large a quantity of gunpowder (t) at one time, or in one place or vehicle (u);] and of using mills or engines for making gunpowder, except in places duly licensed (x);—and such practices are prohibited by the 23 & 24 Vict. c. 139 (y),—amended by 24 & 25 Vict. c. 130, and 25 & 26 Vict. c. 98,-under heavy penalties and forfeitures (z). And the Acts last mentioned also require the manufacture of all fireworks, and of other preparations or compositions of an explosive nature, to be also carried on in licensed places; and moreover prohibit c. 19, ss. 4, 5; 6 Geo. 2, c. 35, ss. 29, 30; 22 Geo. 3, c. 47; 27 Geo. 3, c. 1; 46 Geo. 3, c. 148, s. 59. As to the lotteries known by the name of little goes, see 42 Geo. 3, c. 119, and Allport v. Nutt, 3 D. & L. 233. As to foreign lotteries, see 6 & 7 Will. 4, c. 66, and 8 & 9 Vict. c. 74. See also 9 & 10 Vict. c. 48, legalizing Art Unions, and 21 & 22 Vict. c. 102, for indemnifying a certain association for disposal of works of art as prizes. (t) To keep or make any gunpowder, or other explosive substance or dangerous thing, with intent by means thereof to commit any of the felonies mentioned in the 24 & 25 Vict. c. 100, is by the 64th section of that Act, made a misdemeanor punishable with two years' imprisonment; and the offender, on conviction, may be also fined and bound over to keep the peace and be of good behaviour (sect. 71.) (u) See R. v. Taylor, 2 Stra. 1167; R. v. Matters, 1 B. & Ald. 362. (x) By 25 & 26 Vict. c. 66, regulations of a similar description, are made with respect to the carriage or keep of a highly inflammable substance called petroleum. (y) This Act repeals 9 & 10 Will. 3, c. 7, 12 Geo. 3, c. 61, and other enactments previously in force on this subject. (2) See also 54 Geo. 3, c. 159, s. 6; 14 & 15 Vict. c. 67. As to the seizure of gunpowder, see 3 & 4 Will. 4, c. 19, s. 36; 2 & 3 Vict. c. 47, s. 35; 9 & 10 Vict. c. 25. As to the manufacture of fire-arms, 53 Geo. 3, c. 115. As to public nuisances arising from the keeping or using of dangerous materials generally, or from practising dan. gerous games, see Williams v. East India Company, 3 East, 200, 201; R. v. Moore, 3 B. & Ad. 184. under a penalty, the sale of any fireworks by unlicensed persons, or to any person apparently under the age of sixteen. The Acts also declare that if any person shall throw or fire any squib or other firework in any thoroughfare or public place, he shall be liable to a penalty of 51. (a). 7. Eaves-dropping,-or the offence committed by such [as loiter under walls or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tales,-is a common nuisance ;] and the offenders are indictable at sessions, and are liable to be fined and bound over to their good behaviour. 8. Lastly, we must enumerate among nuisances noticed in our law, (though in practice it has long ceased to be the subject of prosecution,) that of being a common scold. [For which offence the communis rixatrix, (for our law confines it to the feminine gender,) may be indicted (b); and, if convicted, she shall be sentenced to be placed in a certain engine of correction called the trebucket, castigatory, or cucking stool; which, in the Saxon language, is said to signify the scolding stool; though now it is frequently corrupted into ducking stool; because the residue of the judgment is, that, when she is so placed therein, she shall be plunged in the water for her punishment (c).] Such is the general state of the law, with respect to common nuisances; but it is material to add here that, as to all those species of them which tend to affect the public health, they are now very specially provided against by the several Acts for improving the sanatory condition of the people, particularly by the Public Health Act, 1848 (11 & 12 Vict. c. 63), and the Local Government Acts, 1858 and 1861 (21 & 22 Vict. c. 98, and 24 & 25 Vict. c. 61); the Diseases Prevention Act, 1855 (18 & 19 Vict. (a) See 2 & 3 Vict. c. 47, s. 4, and The Queen v. Bennett, 28 L. J. (M. C.) 27, as to this offence within the metropolitan district. (b) R. v. Foxby, 6 Mod. 213. 3 Inst. 219. c. 116); and The Nuisances Removal Act for England, 1855 (18 & 19 Vict. c. 121). By the provisions of these Acts respectively, and of those passed for their amendment, a great variety of such nuisances are particularly described and prohibited: under the penalties of misdemeanor in some instances, and in others under pecuniary penalties recoverable before the justices of the peace. Any account of them, however, would be unsuitable to this place; and the rather, because the subject has been in part anticipated in a former volume (d). III. We shall next notice that offence with regard to the holy estate of matrimony(e), which is called bigamy (ƒ), and which consists of a second marriage (g), by one having a former husband or wife still living (h). Such second (d) Vide sup. vol. 111. pp. 283, 284. (e) Other offences relating to the manner of celebrating marriage are noticed, sup. vol. 11. pp. 264, 272. (f) Bigamy, according to the canonists, consisted in marrying two virgins successively, one after the death of the other; or in once marrying a widow. Such were esteemed incapable of orders, &c.; and by a canon of the council of Lyons, A.D. 1274, held under Pope Gregory the tenth, were " omni privilegio clericali nudati, et coercioni fori secularis addicti." (6 Decretal. 1. 12.) This canon was adopted and explained in England by 4 Edw. 1, st. 3, s. 5; and bigamy thereupon became no uncommon counterplea to the claim of benefit of clergy. (M. 40 Ed. 3, 42; M. 11 Hen. 4, 11, 48; M. 13 Hen. 4, 6; Staundf. P. C. 134.) The cognizance of the plea of bigamy was declared by stat. 18 Edw. 3, st. 3, c. 2, to belong to the court christian, like that of bastardy. But by stat. 1 Edw. 6, c. 12, s. 16, bigamy was declared to be no longer an impediment to the claim of clergy. See Dal. 21; Dy. 201. As to benefit of clergy, vide post, c. XXIII. (g) Blackstone says (vol. iv. p. 163), that the offence of bigamy "is more justly denominated poly gamy, or having a plurality of "wives at once:" and he objects to the term bigamy as corruptly applied to the case; because it properly signifies being twice mar"ried." The correctness of this criticism, however, seems questionable. For whatever the number of marriages that may have taken place, the substance of the charge always is, that, having a lawful wife, (or husband,) still living, the offender marries a second time;-any intervening marriage being wholly immaterial and out of the case as far as the prosecution is concerned. (h) 3 Inst. 88. It may be here observed, that, for the purposes of |