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shall be contained in such fraudulent bond or contract; one half to the party aggrieved, who shall sue for and prosecute the same to effect, and the other half to the

treasury of the state.(1)

(1) This statute was probably borrowed from the English statute of 13 Eliz. c. 5. but was expressed in plain language, very different from the verbosity which characterises the statutes of England, at that period. It first appears in the revision of 1702, and has undergone no alteration, except that at the revision of 1750 the word “contracts” was added. At this time, imprisonment for half a year, as a punishment for the offence, has been omit

ted as obsolete ; and a singular provision that the party should be punished for the fraudulent conveyance, unless he could prove, by two witnesses, that the conveyance was bona fide, has been omitted as superfluous. It has been decided, that a conveyance by a fraudulent grantee to a purchaser for a valuable consideration, without notice of the fraud, is void as it respects the creditors of the fraudulent grantor.

Gaming contracts to be void.

Money lost at
gaming may
be recovered
back, by the

1 Conn. Rep. 527.

TITLE 41. Gaming.

An Act to prevent Gaming.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That all contracts and securities, made and entered into, by any person or persons whatsoever, where the whole, orany part of the consideration of such contract or security, shall be for money, or other valuable things whatsoever, won, laid, or betted, at cards, dice, tables, tennis, bowls, or any other game or games whatsoever, or at any horse-race, or other sport, or pastime, or any wager whatsoever, or for reimbursing or repaying any money, knowingly lent or advanced, at the time and place of such play, horse-racing, or other sport or pastime, to any person or persons so gaming, betting, or wagering, or that shall, at such time and place, so play, bet or wager, shall be utterly void. sect. 2. If any person or persons, at any time hereaf. ter, within the space of twenty-four hours, by playing at any game or games whatsoever, or by betting on the sides or hands of such as do play at any game or games, shall lose to any one or more person or persons so playing, or betting, the sum or value of one dollar in the whole, and shall pay and 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 following, to sue for and recover the money, or the value of any goods so lost, and paid or delivered, or any part thereof, from the respective winner or winners thereof, with costs of suit, by action of debt, founded on this act, to be recovered in any court of record, having cogni

SECT. 1.

zance of the sum or value thereof; in which action it shall be sufficient for the plaintiff to allege, that the de

fendant is indebted to the plaintiff, or received to the

plaintiff's use, the money so lost and paid, or the value of
the goods won of the plaintiff, whereby the plaintiff's ac-
tion accrued to him, according to the form of this act,
without setting forth the special matter: And the defend-
ant in such action, shall be obliged to answer, upon oath,
relative to the discovery of the money, or other things,
so won at play as aforesaid, if the plaintiff shall desire
the same ; and if the defendant shall refuse to testify as
aforesaid, judgment shall pass against him, as in case of
nihil dicit.
sect. 3. In case the party losing such money, or other
thing, as aforesaid, shall not, within the time aforesaid,
really and boma fide, without covin or collusion, sue, and
with effect prosecute, for the money or other thing, so
lost and paid or delivered, it shall and may be lawful to
and for any other person, by action founded on this act,
to sue for and recover 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 suing for the
same, and the other moiety for the use of the county
wherein said offence shall be committed. Provided al-
ways, that whenever the defendant shall, upon the re-
quest of the plaintiff, disclose, upon oath, according to
the provision herein before made, the facts by him dis-
closed in such action, shall not be admitted in evidence
against him, upon any public prosecution for the same
sect. 4. On information made, in writing, or other-
wise, by any informing officer, or by the select-men in
any town, or the major part of them, that he or they
have cause to suspect that any billiard table, or E O ta-
ble, is kept or concealed in any house, building or place,
in their town, and shall specify suchhouse, building or place,
it shall be lawful for any two justices of the peace for that
county, to issue their warrant, directed to any proper of
ficer, or, if need require, to an indifferent person, him re-
quiring, taking to himself proper assistance, to enter such
house, building or place, and search for such table, and
on finding the same, the same to seize and carry away,
and to make return of his doings. And in case any such
table shall be seized, by virtue of such warrant, such au-
thority shall give order to such officer or indifferent per-
son, to destroy the same, or shall cause the same to be
sect. 5. Whenever any person shall be charged with
playing at, or betting upon, any game prohibited by law,

Mode of declaring.

Defendant obliged to disclose.

Any other person may sue for money lost in gaming, if loser do not.

Defendant's disclosure not to be used against him, on a public prosecution.

Search warrant for billiard table, E O table, &c.

To be seized,

and destroyed.

Recognizance for good behavior.

What shall be deemed a breach.

A gaol to be kept in each county.

In what counties two gaols shall be kept.

Expense of building and repairing gaol, to be defrayed by the county.

Power of taxing inhabitants for building, &c.

or with winning or losing any money, or other valuable

thing, by play or hazard, upon such game, or with suffer

ing any game, betting, or hazarding, to be played or prac

tised, contrary to law, or with owning, possessing, or sharing in any billiard table, EO table, faro-bank, or fund for gaming, contrary to law, he or she shall be required to be

come bound, for his or her appearance, before the county

court, for trial,forany of said offences: he or she shallalso be required to become bound, in another or further recognizance, with sufficient surety or sureties, for his or her good behavior, until and during the session of such court; which recognizance shall be to the treasurer of the county, in the sum of one hundred dollars, and shall be, by the authority taking the same, certified or transmitted to such court. And such court may, on cause shewn, require such person to become further bound in a recognizance, with sureties, in such sum as shall seem proper, for his or her good behavior, until and during the next session of said court. And if any person shall, during the time he or she shall be bound to the good behavior, as aforesaid, be guilty of any of the offences aforesaid, the same shall be taken to be a breach of his or her good behavior, and a forfeiture of such recognizance ; and judgment shall thereupon be awarded for the amount thereof.

TITLE 42. Gaols.
An Act concerning Gaols and Gaolers.

E it enacted by the Senate and House of RepsECT. 1. H resentatives, . General Assembly o, That there shall be kept and maintained, in good and suf. ficient condition and repair, a common gaol, in every county town, in the several counties in this state; and there shall be two such common gaols in each of the several counties of New-London, Fairfield and Middlesex, to wit, one in each of the towns of New-London, Norwich, Fairfield, Danbury, Middletown and Haddam. sect. 2. The whole expense of building such gaols, (when there shall be occasion therefor,) and of keeping them in repair, shall be defrayed by the respective counties to which the same belong. sect. 3. The judges of the county court, and justices of the peace in the several counties, shall have full power, and they are hereby empowered, to tax the inhabitants of their respective counties, for building, repairing. and furnishing the said gaols, as need shall require.

sect. 4. The several county courts shall have full power, and they are hereby empowered, to grant execution to levy and collect any tax or taxes so laid as aforesaid ; and to appoint a collector in each town within their respective counties, as often as occasion shall require, to collect the same ; which collectors shall have the same powers and fees as collectors of the state taxes have. And in case any person, so appointed a collector, shall refuse to serve, such collector, so refusing, unless excused by the county court, shall pay a fine of seven dollars, to the treasurer of the county. And it shall be lawful for the county courts, in their respective counties, to displace any collector of county taxes, in their county, for just and reasonable cause ; and in case any such collector shall be so displaced, or shall, for any reason, fail to complete the collection of the taxes specified in the rate-bills committed to him, the county court of that county, shall be authorized to receive the ratebills of such collector, and to appoint some meet person to collect such sums as remain uncollected on such ratebills; and the person so appointed shall have the same powers, and be subject to the same regulations, as other collectors of county taxes. sect. 5. The county treasurers, under the direction of the respective county courts, shall give out their warrants to such collectors, to levy and collect such tax; and in case any such collector shall neglect or refuse to pay the same into the county treasury, according to the direction of such warrant, the county treasurer shall, by warrant under his hand, directed to some proper officer, make distress on such collector's person or estate, for satisfying such sum or sums as shall remain unpaid, of the sum or sums that said collector was ordered, by warrant to him directed, to levy and collect. sect. 6. Whenever it shall be necessary to build a new court-house, or to repair any such house, in any county in this state, the expense thereof shall be defrayed by the inhabitants of such county; and the taxes that may be necessary for that purpose, shall be levied and collected in manner aforesaid. sect. 7. The respective sheriffs in the several counties in this state, for the time being, shall have the charge and custody of the gaols in their respective counties; and they are hereby constituted the keepers of them, and shall and may put in, and substitute under them, such keepers of the said gaols as they shall see cause, and shall be responsible for all damages that any F. shall sustain, by the escape of any prisoner out of such gaol, through the fault or connivance of such keepers, or any

County court empowered to grant execucution; to appoint collectors;

to displace them:

and to appoint others to finish the collection.

County treasurer to issue warrants to collectors.

To make distress on negligent collectors.

Expense of building and repairing court-house, to be defrayed by the county.

Sheriff to be keeper of the goal;

. appoint under-keeper; shall be liable for escapes;

and for all faults of underkeeper.

Liberties of the gaol.

Duty of the sheriff, as to admitting prisoners to the liberties.

New security.

Power of the sheriff to commit debtors to close prison.

Prisoners to bear their own expenses.

State attornies authorised to discharge prisoners holden only for fine and costs.

Fuel, bedding, &c. to be furnished.

other person whatsoever, having the charge of such gaols. under such sheriffs; as, also, for all other faults and negligences of such under-keepers, by said sheriffs appointed, in any matters respecting said trust. sect. 8. The several county courts, in their respective counties, shall have power to designate a certain reasonable space of ground, adjacent to each gaol, to be denominated the liberties thereof, and to alter the same as occasion may require. And it shall be the duty of the sheriff to permit any person, who shall be in his custody, on civil process only, to go at large within the liberties of the prison so designated ; provided such person shall procure and offer to the sheriff a bond, to his acceptance, with one or more sufficient sureties, conditioned, that he will remain a faithful prisoner, within the limits of said liberties, until lawfully discharged. And the sheriffshall have power to require a bond, with new sureties, whenever he shall judge it to be necessary; and on the neglect or refusal of the prisoner to procure such bond, may commit him to close confinement, till he procure the same. And the sheriff may commit any debtor to close prison, whenever he shall find that such debtor has voluntarily departed from the liberties of the gaol, and returned within the same, if he shall judge it to be necessary, to secure him against a liability for the escape of such debtor. sect. 9. Every person who shall be committed to the common gaol, within any county in this state, by lawful authority, for any offence or misdemeanor, shall bear the expenses of conveying him or her to the said gaol, including necessary guard, and also of his or her support, while in gaol, before he or she shall be discharged ; and the estate of such person shall be subjected to the payment of such expenses: Provided, that the state attornies in the several counties, by and with the advice of the superior or county court, shall be, and they are hereby authorized, at their discretion, to discharge from imprisonment, any person convicted of an offence, or misdemeanor, and holden only for the payment of fine and costs, who hath no property, or means of satisfying the same, taking his or her note therefor, or security, if obtainable. sect. 10. Suitable fuel and bedding for the accommodation of debtors closely confined in gaol, and prisoners committed for matters of a criminal nature, shall, as occasion may require, be furnished in each county in this state, under the direction of the county court in the county; and the expense thereof shall be defrayed in the same manner as the expenses of the county court.

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