1st SCHEDULE. [Repeal of 7 & 8 Vict. c. 101, ss. 2 & 3; and ss. 5 and 7 in part; and 31 & 32 Vict. c. 122.] 2nd SCHEDULE (see 36 Vict. c. 9). I, A. B., one of the officers of the constabulary of the county of make oath and say, that I did, on the day of 18, duly serve the defendant with a summons [or order], a true copy whereof is herewith annexed, marked A, by delivering the same personally to the defendant [or by leaving the same with of abode of the defendant]. [I endorse the copy summons (or order) thus marked A, is the paper referred to in the annexed affidavit.] Sworn at day of in the county of 18 before me, J.B., at the place This paper, this 35 & 36 Vict. c. 65. Affidavit of service. Justice of the peace for the said county. Baths and Washhouses. 9 & 10 VICT. c. 74 (amended by 10 & 11 VICT. c. 61). This Act being limited in its application, we have set out here only an abstract of the offences, &c. This Act may be adopted (n).... by certain boroughs and parishes (s. 1), and commissioners (o) may be appointed to carry out its provisions. The offences are: Any commissioner or his servant having custody of the Offences. account books, neglecting upon being reasonably requested to permit any churchwarden, overseer, or ratepayer to examine the same: [Penalty not exc. £5 (s. 14) (p).] Any member of the council, or commissioner, or any clerk employed by them, exacting or accepting fees beyond his salary, or being concerned or interested in the contracts, and any () When these Acts are in force in the district of an urban sanitary authority, under 35 & 36 Vict. c. 79, "SANITARY ACTS," post, that authority is the local authority; it may adopt these Acts if they are not in force. (0) The local board, under 21 & 22 Vict. c. 98, may be the commissioners for executing this Act; the penalties in that case are payable to the district fund (Id. s. 67). (p) Procedure.--(Sect. 23, under 8 & 9 Vict. c. 16)-Within 6 months (Id. s. 153); 2 justices (Id. s. 147). Penalties enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32); or by distress, in default imprisonment not exc. 3 months (Id. ss. 148, 149): Payable, not exc. half to informer, the rest to the overseers (Id. s. 152). Appeal, within 4 months of adjudication, to the sessions; 10 days' written notice, with the grounds of appeal, to be given, and the appellant to enter into a recognizance with 2 sureties to prosecute the same (I. s. 159). 9 & 10 Vict. member of the council, or commissioner, accepting or holding any office or trust (q) under the Act c. 74. Bye-laws. No house, &c., to be kept for betting. [Penalty £50 (s. 39) (^).] For offences against the bye-laws (a copy or sufficient abstract of which is to be hung up in every bath and washhouse) the commissioners may attach penalties not exc. £5 (s. 34) (r).] Betting-houses. 16 & 17 VICT. c. 119. (See also "GAMING-HOUSES," post). Betting in the streets in the metropolis by 3 or more personsPenalty not exc. £5 (see 30 & 31 Vict. c. 134, s. 23, “ POLICE (MET.),” post). Gambling in a public place Imprisonment not exc. 3 months (see "VAGRANTS,” post). 1. No house, office, room, or other place (s) shall be opened, kept, or used for the purpose of the owner, occupier, or keeper thereof,- -or any person using the same, or any person procured or employed by or acting for or on behalf of such owner, occupier, or keeper, or person using the same,-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 (t) by or on behalf of such owner, occupier, keeper, or person as aforesaid 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 as aforesaid; and every house, office, room, or other place opened, kept, or used for the purposes aforesaid, or any of them, is hereby declared to be a common nuisance and contrary *Penalty-88. 3, 4. to law.* (4) They also render themselves incapable of ever serving or being employed under this Act. (r) Procedure. See note (p), ante, p. 89. (s) A tree in Hyde Park to which a man used to resort to bet was held not a "place under this Act (Doggett v. Catterns, 19 C. B. N. S. 765; 11 Jur. N. S. 243; 12 L. T. N. S. 355; 29 J. P. 149; 34 L. J. C. P. 159); but a temporary wooden structure erected during races was held to be within this act (Shaw v. Morley, 37 L. J. M. C. 105; L. R. 3 Exch. 137; 14 L. T. N. S. 15; 32 J. P. 391). (t) A person, professing to be an agent only, receiving money by letter to invest on a race, was held liable under this section (Wright v. Clarke, 34 J. P. 2. [Every house or place so used (u) shall be deemed a common 16 & 17 Vict. gaming-house within 8 & 9 Vict. c. 109," GAMING-HOUSES," post.] c. 119. are gaming 3. [Owner or occupier of such house or place, or any person Betting-houses keeping or using the same for such purposes, and the owner houses. or occupier knowingly permitting the same (v),—and any person Penalty for keephaving the care or management of, or in any manner assisting betting-house. in conducting, such business Penalty not exc. £100 and costs; in default, or in first instance, Imprisonment not exc. 6 months, with or without hard labour (x).] ing or using receiving money 4. [Owner or occupier of such house or place, or any person Penalty for acting for or on behalf of them, or having the care or manage- on bets. ment, or assisting in the business there,-who shall receive, directly or indirectly, any deposit on any such condition, and any person giving any acknowledgment or draft on the receipt of any money or valuable thing purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on any such event or contingency— Penalty not exc. £50 and costs; in default, or in first instance, Imprisonment not exc. 3 calendar months, with or without hard labour (x).] 5. [Any money or valuable thing so received, or the value Recovery of such thereof, may be recovered, with full costs of suit, by action.] money. 6. [This Act shall not extend to persons receiving or holding Exemption for any money or valuable thing as stakes or deposit to be paid to stakes. the winner of any race or lawful game, or to the owner of any horse engaged in any race.] 7. Any person exhibiting or publishing or causing to be Advertising (1) A field is a place for betting within this Act (Eastwood v. Millar, 38 J. P. 376; 30 L. T. N. S. 716); so is any umbrella on a racecourse (Bowes v. Fenwick, 43 L. J. M. C. 107; 38 J. P. 440; 30 L. T. N. S. 524). () Where an information charged defendant with having on the 5th October and on divers other days and times between the said 5th October and the laying the information (16th November) kept a betting-house, a conviction for so using the house on the 8th November was held good and valid (Onley v. Gee, 30 L. J. M. C. 222; 7 Jur. N. S. 570; 4 L. T. N. S. 338; 25 J. P. 342). (x) Procedure.-Within 6 months (Introd. p. 23), and 1 month's notice in writing to be given to the defendant (s. 17); 2 justices. Penalties enforced by imprisonment as above, subject to Small Penalties Act (Introd. p. 32); or by distress (s. 8), in default, imprisonment: Payable, half to the informer, the rest to the poor rate (s. 9). On non-appearance of prosecutor the justices may order any other person to proceed on the same summons, or may issue a fresh summons (s. 10). Appeal, to next sessions on giving notice at the time of conviction, and entering into recognizance with 2 sureties within 48 hours after conviction; the justices may bind over the informer and witnesses to give evidence, who may be allowed their expenses (as in Introd. p. 11), to be repaid to the treasurer of the county by the appellant, if the appeal is dismissed (s. 13). No certiorari (s. 14). Limitation of actions (see ss. 15-17). (3) This penalty is extended to persons sending, exhibiting, or publishing, or causing the same, any letter, circular, telegram, placard, handbill, card, or advertisement whereby it is made to appear that any person, in the United Kingdom or elsewhere, will on application give information or advice for the bettinghouses (y). c. 119. 16 & 17 Vict. exhibited or published any placard, handbill, card, writing, sign, or advertisement whereby it shall be made to appear that any house, office, room, or place is opened, kept, or used for the purpose of making bets or wagers, in manner aforesaid, or for the purpose of exhibiting lists for betting, or with intent to induce any person to resort to such house, office, room, or place for the purpose of making bets or wagers, in manner aforesaid, or any person who, on behalf of the owner or occupier of any such house, office, room, or place, or person using the same, shall invite other persons to resort thereto for the purpose of making bets or wagers, in manner aforesaid— Search warrant. Power of search [Penalty not exc. £30 and costs (y); in default, or in first instance, Imprisonment not exc. 2 months, with or without hard labour.] 8-10. [Procedure (y).] 11. [Any justice, upon complaint on oath that there is reason to suspect any place to be used as a betting-house contrary to this Act, may issue a warrant under his hand to any police officer to enter with assistance, and if necessary with force, and arrest and search any person therein, and to seize all lists or other documents relating to racing or betting found there.] 12. [If any superintendent of the metropolitan police shall in the metropolis. report in writing to the commissioners that he has good grounds and believes that any place within the district is used as a betting-house, either of the said commissioners by order in writing may authorise him to enter such place with such constables as shall be directed, with force if necessary, and to take into custody all persons found therein, and to seize all lists or documents relating to racing or betting found there.] Licences. Billiards. 8 & 9 VICT. c. 109. 1-9. ["GAMING-HOUSES," post.] 10. [The justices at the general annual licensing meeting, or at any adjournment thereof, may grant billiard licences (2) purpose of or with respect to any such bet or wager, or any such event or contingency as is mentioned in this Act, or will make such bet on behalf of any person, or with intent to induce any person to apply for such information or advice, or inviting any person to make or take any share in or in connection with such bet (37 & 38 Vict. c. 15, s. 3). (y) Procedure.-See note (x), ante, p. 91. (2) There is no appeal from the justices' refusal to grant a billiard licence (R. v. JJ. Devonshire, 30 L. T. 150; 21 J. P. 773). The same notices are to keep public billiard tables and bagatelle boards or instruments used in games of the like kind, and at the special sessions for transferring alehouse licences may transfer such billiard licences. The fees are, 18. to the constable for serving notices and 58. to the justice's clerk Penalty on a clerk demanding or receiving more, £5; 1 justice (@).] 8 & 9 Vict. c. 109. 11. Every person keeping any public billiard table or Unlawfully keepbagatelle board, or instrument used in any game of the like ing billiards. kind for public use, without being duly licensed so to do, and not holding a victualler's licence (b) for the house or premises where such public billiard table, bagatelle board, or other instrument as aforesaid is kept or used, and also every person licensed under this Act who shall not during the continuance of such billiard licence put and keep up the words "licensed for billiards," legibly printed in some conspicuous place near the door and on the outside of the house specified in the licence, shall be liable to be proceeded against as the keeper of a common gaming-house [Penalty (c) 2 justices; not exc. £10 a day; or imprisonment not exc. 1 calendar month with or without hard labour (a); or he may be indicted.] 12. [Persons offending against the tenor of the licence, i.e. Offences against that he "put and keep up the words licensed for billiards' licence. legibly printed in some conspicuous place near the door and on the outside of the said house, and do not wilfully or knowingly permit drunkenness or other disorderly conduct in the said house, and do not knowingly allow the consumption of exciseable (d) liquors therein by the persons resorting thereto,-and do not knowingly suffer any unlawful games therein, and do not knowingly suffer persons of notoriously bad character to assemble and meet together therein,-and do not open the said house for play or allow any play therein after 1 and before 8 of the clock in the morning,-or keep it open or allow any play therein on Sundays, Christmas Day, or Good Friday, or on any day appointed for a public fast or thanksgiving,—but do maintain good order and rule therein." Penalty not exc. £10; 2nd offence not exc. £20 (e).] required as for licences under the Licensing Act, 1872 (35 & 36 Vict. c. 94, s. 75, "INTOXICATING LIQUORS," post). (a) Procedure.-Within 6 months; 1 or 2 justices, as above. Penalties enforced by imprisonment under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, as in note (x), p. 91, "BETTING-HOUSES," ante. No certiorari (s. 25). (6) A beerhouse keeper requires a licence. (c) This penalty is to be in addition to any penalty he may be liable to for keeping a common gaming-house, i.e. not exc. £100; or imprisonment not exc. 6 calendar months with or without hard labour (see "GAMING-HOUSES," post). (d) Beer is not an exciseable liquor (Jones v. Whittaker, 39 L. J. M. C. 139; L. R. 5 Q. B. 541; 22 L. T. N. S. 535; 34 J. P. 663). (e) The penalties and procedure were by this section directed to be the |