3. Councillors or Commissioners doing the same, or holding Offices of Trust under the Act. Any person, during the time he holds the office of member of the council or commissioner, exacting or accepting any such fee or reward (as in No. 2), or accepting or holding any office or place of trust created by virtue of the act, or being concerned directly or indirectly in any such bargain or contract (9 & 10 Vict. c. 74, s. 39; B. J. P. Supp. 92). Procedure.-Summons (8 Vict. c. 16, s. 147; 9 & 10 Vict. c. 74, s. 23), or warrant upon information on oath 11 & 12 Vict. c. 43, s. 2), within 6 calendar months (8 Vict. c. 16, ss. 3, 153; 9 & 10 Vict. c. 74, s. 23); two justices (8 Vict. c. 16, s. 147; 9 & 10 Vict. c. 74, s. 23). Penalty (n)-£50 (9 & 10 Vict. c. 74, s. 39). Recovery-Distress: in default, imprisonment not exceeding 3 calendar months (8 Vict. c. 16, ss. 3, 148, 149; 9 & 10 Vict. c. 74, s. 23). Appeal (8 Vict. c. 16, s. 159; 9 & 10 Vict. c. 74, s. 23). Beer House (see tit. "Alehouse"). Betting-Houses. 1. Opening or keeping a Betting-House. Any person, being the owner or occupier of any house, office, room or other place, or a person using the same, opening, keeping or using the same, for the purpose of such owner, &c., or any person procured or employed by, or acting for or on behalf of such owners, &c., or of any person having the care or management, or in any manner conducting the business thereof, betting with persons resorting thereto; or for the purpose of any money or valuable thing being received by or on behalf of such owner, &c., as or for the consideration for any assurance, undertaking, promise or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse-race, or other race, fight, game, sport or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency (16 & 17 Vict. c. 119, s. 1 (o) )] (Id. s. 3). Procedure.-Summons (p), or warrant upon information on oath, within (n) The offender is likewise incapacitated from serving or being employed under the act (Id. s. 39). (0) By sect. 1, "every house, &c. opened, kept or used for the purposes aforesaid, or any of them, is declared to be a common nuisance and contrary to law ;" and the keeper of any such house, &c., would therefore be liable to indictment. By sect. 2, every such house, &c., " shall be taken and deemed to be a common gaminghouse within the meaning of the 8 & 9 Vict. c. 109." See post, tit. " Gaming Houses." (p) The 16 & 17 Vict. c. 119, does not give any form of procedure. The 11 & 12 Vict. c. 43, must be therefore resorted to. Under sect. I of that statute the proceeding might be by summons, or, under sect. 2, by warrant upon information. But although the 16 & 17 Vict. c. 119, does not point out the method of procedure, the provision of sect. 10 appears to contemplate that it shall be by summons only. That section enacts, that "in case any person who shall have laid any complaint or information, &c., shall not appear at the time at which the defendant 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (16 & 17 Vict. c. 119, s. 3). Penalty. Not exceeding £100 (Id.) or imprisonment with or without hard labour, not exceeding 6 calendar months in the first instance (Id.) Recovery (if pecuniary penalty).-Distress (Id. s. 8): in default, imprisonment with or without hard labour not exceeding 6 calendar months (Id. s. 3). Appeal (Id. s. 13). 2. Permitting Place to be used as Betting-House. Any person, being the owner or occupier of any house, &c. (as No. 1, p. 42), knowingly and wilfully permitting the same to be opened, &c. (as No. 1, p. 42) by any other person for the purposes aforesaid (in No. 1, p. 42), or either of them (16 & 17 Vict. c. 119, s. 3). Procedure.-Summons (q), or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (16 & 17 Vict. c. 119, s. 3). Penalty.-Not exceeding £100 (Id.) or imprisonment with or without hard labour, not exceeding 6 calendar months, in the first instance (Id.) Recovery (if pecuniary penalty).-Distress (Id. s. 8): in default, imprisonment with or without hard labour not exceeding 6 calendar months (Id. s. 3). Appeal (Id. s. 13). 3. Assisting in Management of Betting House. Any person having the care or management of, or in any manner assisting in conducting the business of, any house, &c. (as No. 1, p. 42) opened, &c. (as No. 1, p. 42) for the purposes aforesaid (in No. 1, p. 42), or either of them (16 & 17 Vict. c. 119, s. 3). Procedure. Summons (q), or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (16 & 17 Vict. c. 119, s. 3). Penalty. Not exceeding £100 (Id.) or imprisonment with or without hard labour, not exceeding 6 calendar months in the first instance (Id.) Recovery (if pecuniary penalty).-Distress (Ìd. s. 8): in default, imprisonment with or without hard labour not exceeding 6 calendar months (Id. s. 3). Appeal (Id. s. 13). 4. Receiving Money on Condition of paying Money in Event of any Bet. Any person, being the owner or occupier of any house, &c. (as No. 1, may have been summoned to appear, or at any time to which the hearing of the summons may have been adjourned, &c., it shall be lawful for such justices to authorize any other person to proceed on such summons instead of the person to whom the same may have been granted; or, if such justices think fit, to dismiss the summons already granted, and authorize any person to take out a fresh summons, &c., in like manner as if the previous summons had not been granted." (9) See note (p), p. 42. p. 42), kept, &c. (as No. 1, p. 42) for the purposes aforesaid (in No. 1, p. 42), or either of them, or any person acting for or on behalf of any such owner, &c., or any person having the care, &c. (as No. 1, p. 42), receiving directly or indirectly any money or valuable thing (q) as a deposit on any bet, on condition of paying any sum of money or other valuable thing on the happening of any event or contingency of or relating to a horse race or any other race, or any fight, &c. (as No. 1, p. 42), or as or for the consideration for any assurance, &c. (as No. 1, p. 42) to pay, &c. (as No. 1, p. 42) on any such event or contingency as aforesaid (16 & 17 Vict. c. 119, s. 4). Procedure.-Summons (r), or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11), two justices (16 & 17 Vict. c. 119, s. 4). Penalty. Not exceeding £50 (Id.) or imprisonment with or without hard labour, not exceeding 3 calendar months, in the first instance (Id.) Recovery (if pecuniary penalty).-Distress (Id. s. 8): in default, imprisonment with or without hard labour not exceeding 3 calendar months (Id. s. 4). Appeal (Id. s. 13). 5. Giving Security for Money so received. Any person giving any acknowledgment, note, security or draft on the receipt of any money or valuable thing so paid or given as aforesaid (in No. 4, above), purporting or intended to entitle the bearer or any other person to receive any money, &c., on the happening of such event or contingency as aforesaid (16 & 17 Vict. c. 119, s. 4). Procedure. Summons (r), or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (16 & 17 Vict. c. 119, s. 4). Penalty. Not exceeding £50 (Id.) or imprisonment with or without hard labour, not exceeding 3 calendar months, in the first instance (Id.) Recovery (if pecuniary penalty).-Distress (Id. s. 8): in default, imprisonment with or without hard labour, not exceeding 3 calendar months (Id. s. 4). Appeal (Id. s. 13). 6. Exhibiting Placards or advertizing Betting Houses. Any person exhibiting or publishing, or causing to be exhibited, &c., any placard, handbill, card, writing, sign or advertisement, whereby it shall be made to appear that any house, &c. (as No. 1, p. 42) is opened, &c. (as No. 1, p. 42) for the purpose of making bets or wagers in manner aforesaid, or for the purpose of exhibiting lists for betting (s); or with intent to (q) Money so received "shall be deemed to have been received to or for the use of the person from whom the same was received, and such money, &c., may be recovered accordingly, &c., in any court of competent jurisdiction." Sect. 5. The justices, therefore, have no power to order the repayment of the money, but the complainant must bring his action for money had and received in the civil courts. Nothing in the act "shall extend to any person receiving or holding any money or valuable thing by way of stakes or deposit to be paid to the winner of any race or lawful sport, &c., or to the owner of any horse engaged in any race." Sect. 6. (r) See note (p), p. 42. (s) Justices (s. 11), or in the metropolis the commissioners of police (s. 12), may authorize constables to enter and search suspected houses, and seize all lists, cards or other documents relating to racing or betting found therein. induce any person to resort to such house, &c., for the purpose of making bets or wagers in manner aforesaid (16 & 17 Vict. c. 119, s. 7). Procedure.- Summons (r), or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (16 & 17 Vict. c. 119, s. 7). Penalty.-Not exceeding £30 (Id.) or imprisonment with or without hard labour, not exceeding 2 calendar months, in the first instance (Id.) Recovery (if pecuniary penalty).-Distress (Id. s. 8): in default, imprisonment with or without hard labour, not exceeding 2 calendar months (Id. s. 7). Appeal.—(Id. s. 13). 7. Agents of Owners inciting Persons to Betting Houses. Any person on behalf of the owner or occupier of any such house, &c. (as No. 1, p. 42), or person using the same, inciting other persons to resort thereto for the purpose of making bets or wagers in manner aforesaid (16 & 17 Vict. c. 119, s. 7). Procedure.-Summons (r), or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (16 & 17 Vict. c. 119, s. 7). Penalty. Not exceeding £30 (Id.) or imprisonment with or without hard labour, not exceeding 2 calendar months, in the first instance (Id.) Recovery (if pecuniary penalty).-Distress (Id. s. 8): in default, imprisonment with or without hard labour, not exceeding 2 calendar months (Id. s. 7). Appeal (Id. s. 13.) Billiards. I. GENERAL OFFENCES. 1. Keeping Billiard Table without Licence. Any person keeping a public billiard table, or bagatelle board, or instrument used in any game of the like kind for public use, without being duly licensed so to do (s), and not holding a victualler's licence for the house or premises where such billiard table, &c. is kept or used (8 & 9 Vict. c. 109, s. 11; B. J. P. Supp. 95). Procedure.-Summons, or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (8 & 9 Vict. c. 109, s. 11). Penalty. Not more than £10 for every day on which such billiard table, &c. shall be used (t) (Id.) or imprisonment with or without hard labour, not more than 1 calendar month, without fine (Id.) (r) See note (p), p. 42. (8) By the 8 & 9 Vict. c. 109, s. 10, the justices at the usual licensing sessions may grant billiard licences to such persons as they shall in their discretion deem fit and proper to keep public billiard tables, &c. The proceedings as to obtaining such licence or transferring the same are similar to those for obtaining a licence for the sale of exciseable liquors. Supra, tit. "Alehouse;" "Public Houses." (t) The offender is also liable to be proceeded against as the keeper of a common gaming house. But no person who has been summarily convicted shall be liable to be further proceeded against by indictment for the same offence. Sect. 11. Recovery (if pecuniary penalty).-Distress (8 & 9 Vict. c. 109, s. 11): in default, imprisonment for not more than 3 calendar months, unless sooner paid (11 & 12 Vict. c. 43, s. 22). Appeal (8 & 9 Vict. c. 109, s. 20). 2. Licensed Person not putting up " Licensed for Billiards." Any licensed person not, during the continuance of his licence, putting and keeping up the words "licensed for billiards," legibly painted in some conspicuous place near the door and on the outside of house specified in the licence (u) (8 & 9 Vict. c. 109, s. 11; B. J. P. Supp. 95). Procedure.-Summons, or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (8 & 9 Vict. c. 109, s. 11). Penalty. Not more than £10 for every day on which such billiard table, &c. shall be used (v) (Id.) or imprisonment with or without hard labour, not more than 1 calendar month, without fine (Id.) Recovery (if pecuniary penalty).-Distress (Id.): in default, imprisonment for not more than 3 calendar months, unless sooner paid (11 & 12 Vict. c. 43, s. 22). Appeal (8 & 9 Vict. c. 109, s. 20). 3. Allowing Play at unlawful Hours, or on Sundays, &c. Any licensed person allowing any person to play at such table, &c., after one and before eight of the clock in the morning of any day, or at any time on Sundays, Christmas Day or Good Friday, or any day appointed to be kept as a public fast or thanksgiving (x) (8 & 9 Vict. c. 109, s. 13; B. J. P. Supp. 96). Procedure.-Summons, or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (8 & 9 Vict. c. 109, s. 11). Penalty. Not more than £10 for every day on which such billiard table, &c. shall be used (v) (Id.) or imprisonment with or without hard labour, not more than 1 calendar month, without fine (Id.) Recovery (if pecuniary penalty).—Distress (Id.): in default, imprisonment for not more than 3 calendar months, unless sooner paid (11 & 12 Vict. c. 43, s. 22). Appeal (8 & 9 Vict. c. 109, s. 20). II. OFFENCES AGAINST TENOR of Licence (y). Wilfully or knowingly permitting drunkenness or other disorderly conduct in the said house (8 & 9 Vict. c. 109, s. 12, and Sched. 3; B. J. P. Supp. 96). Procedure, Penalty, &c.-Same as against licensed victuallers for offences against the tenor of their licences (see title "Alehouse" "Public Houses" pp. 6, 7, 8, 9) (8 & 9 Vict. c. 109, s. 12). (u) This is also an offence against the tenor of the licence. (v) See note (t), p. 45. (x) This is also an offence against the tenor of the licence. See the form of the licence set out in Sched. 3 of 8 & 9 Vict. c. 109. |