456 



HETTTNG HOUSES. 



from High 

 Court. 



The remaiu- 

 ing Provi- 

 sions. 



Extension to 

 Scotland. 



cause or matter " within sect. 47 of tlie Judicature Act, 

 1873, and the Court of Appeal has, therefore, no juris- 

 diction to hear an Appeal from a judgment of the High 

 Court quashing the Conviction on a case stated by Justices(j). 



In this Act the certiorari is taken away (/.■), and a dis- 

 tress is not to he unlawful for want of form (/). In any 

 action amends may be tendered {m), but one month's 

 Notice of Action must be given, and it must be brought 

 within three months of the doing of the alleged damages (w) . 

 This Act, which came into operation on the 1st of Decem- 

 ber, 1853 (o), did not extend to Scotland {p). 



But now by s. 4 of the Act of 1874 (37 Vict. c. 15), the 

 Act is extended to Scotland with the following modifi- 

 cations and provisions: — (1) The term "distress" shall 

 mean poinding and sale. The term " misdemeanor " 

 shall mean a crime and oifence. (2) All offences or 

 penalties under the Acts shall be prosecuted and recovered 

 before the Sheriff of the County, or his substitute in the 

 Sheriff Court, at the instance of the Prociu'ator Fiscal, or of 

 anyprivatepersoUjUnderthe provisions of the Summary Pro- 

 cedure Act, 1864, and all the jurisdictions, powers, and au- 

 thorities necessary for the purposes of this section are hereby 

 conferred on the Sheriffs and their substitutes. (3) Every 

 pecuniary penalty which is adjudged to be paid under 

 either of the Acts is to be paid to the Clerk of the Court 

 and by him accounted for and paid to the Queen's and 

 Lord Treasurer's Pemembrancer on behalf of Her Majesty. 

 (4) The 13th and 14th sections of the principal Act are 

 not to apply to Scotland, but any person who is convicted 

 imder either of the Acts may appeal against such con- 

 viction to the High Court of Justiciary, in the manner pre- 

 scribed by such of the provisions of the 20 Geo. 2, c. 43, 

 and any Acts amending the same, as relate to Appeals in 

 matters criminal, and by and under the rules, limitations, 

 convictions and restrictions contained in the said provisions. 



GAMING HOUSES. 



A common 



Gp.ming 



House. 



All common Gaming Houses are nuisances in the eye 

 of the law, not only because they are great temptations to 



(i) Blal-ev. Beech, L. E,., 2 Ex. 

 D. 335; 36 L. T., N. S. 723. 



(/,:) IG & 17 Vict. c. 119, s. 14, 

 Appendix. 



(/) Ibid. s. 15. 



(w) Ibid. s. 16. 



(h) Ibid. s. 17. And see Blake 

 V. Beech, L. E., 1 Ex. D. 320; 45 L. 

 J.,M. C. Ill; 34L. T.,N.S. 764. 



(o) IG & 17 Vict. c. 119, 8. 19, 

 Appendix. 



(;;) Ibid. s. 20. Repealed bv 

 37 Vict. c. 15, s. 4. 



