GAMING HOUSES. 457 



idleness, but because they are apt to draw together great 

 numbers of disorderly persons ; they promote cheating and 

 other corrupt practices, and incite to idleness and avari- 

 cious ways of gaining property (q). 



The Keeper of a common Graming House is indictable indictment 

 and punishable as for a misdemeanor with fine or imprison- ^or keeping 

 ment, or both ; and his wife may be joined with him, or °^^' 

 they may be indicted severally (q). 



The Indictment would seem to be good if it merely Charge in the 

 charges the defendant with keeping a common Graming ludictmeut. 

 House (r) ; as where the person is indicted for the offence 

 of keeping a House where people assembled to play Rouge 

 et Noir («). 



And as it is an Indictment for a public Nuisance, and Any person 

 not for any matter in the nature of a private injury, any ^^J s^ on 

 person may go on with it even against the consent of the 

 original prosecutor, if he has discontinued it {f ) . 



Under 25 Geo. 2, c. 36 {u), provision is made for the Statutory 

 indictment of " any person who shall act or behave him rrovisions for 



lip X • i i.1 1 • an Indict - 



or lierselr as master or mistress, or as the person havmg ment. 

 the care, government or management of any Gaming 

 House, &c." 



To encourage prosecutions for keeping Gaming Houses, Notice by 

 &c., two inhabitants of any Parish or Place may give twomhabit- 

 Notice in writing to the constable of any person there 

 keeping a Gaming House, &c., upon which Notice the 

 constable is to go with such inhabitants to a Justice of the 

 Peace, who on making oath that they believe the contents 

 of such Notice to be true, are each to enter into a recogni- 

 zance in the sum of 20/. to give evidence, and the constable 

 into a recognizance in the sum of 30/. to prosecute at the 

 next General or Quarter Sessions or Assizes (^r). 



After the constable has entered into such recognizance Binding over 

 to prosecute, the Justice is to make out his warrant to ^^® v^^^J ^c- 

 bring the accused person before him to be bound over to 

 appear at the General or Quarter Sessions or Assizes, 

 there to answer such bill or indictment (//) as may then be 

 found for the offence. And the Justice may, in his dis- 



{/]) Hawk. c. 32, tit. Common («■) Ibid. 



Nuisances, 66; Hex v. Dixon, 10 {t) Rex v. TToofZ, 3 B. & Ad. 657. 



Mod. 330 ; Rex v. Mason, Leach, [n) 'lb Geo. 2, c. 36, ss. 6, 8. 



C. C. 548 ; Rex v. Rogier, 1 B. &C. (.r) Ibid. s. 5. 



272; <S. C. 2 D. & R. 431. (//) The certiorari in all cases 



(>•) Rex V. Rogier, 1 B. & C. 272 ; is taken away by s. 10. See Rey. 



S. C, 2 D. & R. 431. V. Sanders, 9 Q. B. 235. 



