4o2 



BETTING HOUSES. 



Box •within 

 Rino-. 



Betting at 

 Club. 



Purposes for 

 which 

 Houses or 

 Places are 

 not to be 

 used. 



panion, having paid for admission, were in a railed in- 

 closure of the grand stand at a Race-meeting. The 

 companion stood on a small wooden box not attached to 

 the ground, and he and the respondent called out offering 

 to make and making Bets with other persons. The 

 companion received the money for Bets made, and the 

 respondent booked the same. They stood together in one 

 place within the inclosure during the Races ; and it was 

 held that the fixed and ascertained spot, defined in the 

 inclosure by the box at which the respondent orally adver- 

 tised his willingness to bet, was a "place" used by him 

 for the purj)ose of betting with persons resorting thereto ; 

 and Gfrove, J., in the course of his judgment, said, " There- 

 fore I think all the cases show that a ' place ' to be within 

 the statute must be a fixed ascertained place, occupied or 

 used so far permanently that people may know that there 

 is a person who stands in a particular spot indicated by a 

 certain definite mark with whom they may bet. I do not 

 decide whether a person standing on a carriage step or in 

 a circle where the turf was cut away, or where a little 

 heap of stones was put down during the Races, would be 

 within the Act if he offered to bet there. But I am far 

 from saying that he would not be so. Here, however, in 

 my opinion, was a place Avithin the meaning of the Act." 



But a Club, whose members habitually bet, is not within 

 the meaning of the Act (ni). 



No House, &c. or other Place is to be opened, kept or 

 used for the purpose of the Owner, &c. or of any person 

 'Ks/'iir/ the same, or of any person employed or acting on 

 behalf of such Owner, &c. or person using the same or 

 any person managing or 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. or person, or as or for the 

 consideration for any assurance, &c. " 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, Sjoort 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," &c. Every such House or Place is declared to be 

 a common nuisance {n), and is to be deemed a common 

 Gaming House within 8 & 9 Vict. c. 109 (o). 



(w) Oldliam v. lif/inxJeii, 41 L. .T., 

 C. P. 309; 32 L. T., N. S. S25. 



(«) IG & 17 Vict. 

 Appendix. 

 (o) Ibid. s. 2. 



119, s. 1, 



