BETTIKG HOUSES. 451 



made bets with each other, both on the pigeon mateli and 

 on the foot-race. It was held that the grounds were a 

 " place," and that they were kept and used by the defen- 

 dant for the purpose of betting within the meaning of the 

 statute (/). 



In Boices v. Fenirick (/.•), the appellant, Bowes, was on Race-com-se, 

 a Race-course, standing on a stool, over which was a large i^mttrella. 

 umbrella, similar to a carriage umbrella, capable of covering 

 several persons, the stock being made in joints like that of 

 a sweep's brush, so as to be taken in pieces, and it was 

 fastened in the ground with a spike. The umbrella, when 

 opened, v/as seven or eight feet high. It was a showery 

 day ; but the umbrella was kept up rain or dry. On the 

 umbrella was painted in large letters, " Gr. Bowes, Victoria 

 Club, Leeds." There was also a card exhibited on which 

 were the words " we pay all Bets first past the post." 

 Bowes was calling out offering to make Bets ; and he was 

 seen to make Bets, the money being deposited with him, 

 and for which he gave a ticket. On a case stated by 

 Justices, the question for the opinion of the Court was, 

 whether the stool and umbrella, used as aforesaid by the 

 appellant, did constitute a " place " within the terms of 

 section 3 of the Act. The Court held that they did, and 

 the conviction was therefore affirmed ; and Lord Coleridge, 

 C J., in delivering judgment, said, "It is plain that the 

 appellant was (provided the stool and umbrella constituted 

 an office, room or place within the meaning of the Act) 

 l^ublicly using them for a purpose prohibited by the Act. 

 The only question raised before us was, whether or not 

 they did constitute an office, room or other place. Now 

 the thing described clearly was not a house or room. Was 

 it an office or other place ? Possibly it might be said to be 

 in some sense an office : but I am of opinion that, at all 

 events, it was a ' place.' It was an ascertained spot 

 where the appellant, for the time at least, carried on the 

 business of betting with all persons who might resort 

 thither for that purpose. The card connected with the 

 umbrella and inscription upon it clearly indicated a fixed 

 and ascertained place used by the appellant for a purpose 

 prohibited by the Act." 



In GaUaicay v. Ilan'cs (/), the respondent and a com- Moveable 



(0 EastH-oodv.Miner,^.^., 9 Q. M. C. 107; 30 L. T., N. S. 524; 



B. 440 ; 43 L. J., M. C. 139 ; SOL. 22 W. R. 804. 



T., N. S. 716; 22W.R. 799. (/) L. R., 8 Q. E. D. 27.); ;;0 



(A) L. R., 9 C. P. 339 ; 43 L. ,T., W. R. lol. 



,: t: O 



