GAMING. 441 



every person who shall in any manner encourage, aid or 

 assist at the fighting or baiting of any bull, bear, badger, 

 dog, cock, or other animal as aforesaid, shall forfeit and 

 pay a penalty not exceeding 5/. for every such offence." 

 It has been held to be no offence under this section to 

 assist at a cock-fight unless in a place kept or used for the 

 purpose (c). 



By the Metropolitan Police Act (2 & 3 Yict. c. 47), s. 47, Within the 

 it is enacted, " that every person who within the Metro- Metropolitan 

 politan Police District shall keep or use or act in the ^®*^^'^*- 

 management of any House, Room, Pit, or other Place for 

 the purpose of fighting or baiting Lions, Bears, Badgers, 

 Cocks, Dogs, or other Animals, shall be liable to a penalty 

 of not more than 5/., or in the discretion of the magistrate 

 may be committed to the House of Correction, with or 

 without hard labour, for a time not more than one calendar 

 n;ionth ; and it shall be lawful for the Commissioners of 

 Police, by order in writing, to authorize any Superinten- 

 dent belonging to the Metropolitan Police Force, with such 

 Constables as he shall think necessary, to enter any Pre- 

 mises kept or used for any of the purposes aforesaid, and 

 take into custody all persons who shall be found therein 

 without lawful excuse, and every person so found shall be 

 liable to a penalty of not more than 6s., and a conviction 

 under this Act of this offence shall not exempt the owner, 

 keeper, or manager of any such House, Room, Pit or 

 Place from any penalty or penal consequence to which he 

 may be liable for the nuisance thereby occasioned." 



It is an offence against the tenor of a Publican's Licence Gaming in a 

 to suffer any gaming or any unlawful game to be carried P^^^lic 

 on on his premises (r/). ^^'^''^• 



If money is staked at a lawful Game played in a Public Wliere money 

 House it is an offence against the tenor of the Licence ((?). ^^ staked. 

 Accordingly it is an offence against the tenor of his Licence, 

 if a licensed person allow private friends of his own, in his 

 own private room in the Licensed Premises, to play at 

 Cards for money (/). 



But it is no offence on the part of a private friend of 

 a licensed person entertained by him after the hours of - 

 closing at his own expense within the Licensing Act, 1874 



{c) 3Iorlci/ V. Greenhaigh, 32 L. {c) Eerj. v. Asliton, 22 L. J., M. 



J., M. C. 93 ; Clarke v. Hague, 29 C. 2, Q. B. Decided under 9 Geo. 



L. J., M. C. 105; Coy7ie v. Brady, 4, c. 61. 

 9 L. T., N. S. 30. (/) Pntten v. Ttliymer, 29 L. J., 



{d) Licensing Act, 1872 (35 & 36 M. C. 189. See also Hare v. Os- 



Vict. c. 94), 8. 17. home, 34 L. T., N. S. 294. 



