GAMING HOUSES. 459 



If the rules are a mere sham, and no one is called on to 

 pay if he plays, while all who choose to go there gain 

 access, then the case is different {//). 



Under 8 & 9 Vict. c. 109, a common Gaming House, V/hat is a 

 " contrary to law," may be a place either where people q!*^^"^ 

 play an unlawful Game against a Bank, or where a lawful House,°uii- 

 Game is so arranged that the chances are in favour of the der 8 & 9 

 Table. This is set out with particularity in the 2nd section °' ^^^ 



of the Statute (?"), which after reciting that " whereas 

 doubts have arisen whether certain houses, alleged or 

 reputed to be opened for the use of the subscribers only, or 

 not open to all persons desirous of using the same, are 

 to be deemed common Gaming Houses," Declares and 

 Enacts, " that in default of other evidence proving any 

 house or place to be a common Gaming House, it shall be 

 sufficient in the support of the allegation in any indictment 

 or information, that any house or place is a common Gaming 

 House, to prove that such house or place is kept or used for 

 playing therein at any unlawful Game, and that a Bank is 

 kept there by one or more players exclusively of the others, 

 or that the chances of any Game plaj^ed therein are not 

 alike favourable to the players, including among the 

 players the Banker or other person by whom the Game is 

 managed, or against whom the other players stake, play or 

 bet"(y). 



In every case, except within the Metropolitan Police Power of 

 District, in which the Justices of Peace in every Shire, J^^^tices. 

 and Mayors, Sheriffs, Bailiffs and other head officers within 

 every City, Town and Borough, now have by law authority 

 to enter into any house, room or place where unlawful 

 Games are suspected to be held {k) ; any Justice of the 

 Peace, upon complaint made before him on oath that there 

 is reason to suspect any house, room or place to be kept and 

 used as a common Gaming House, may by his warrant, at 

 any time in his discretion, authorize any Constable, toge- 

 ther with necessary assistance, to make an entry in the 

 same manner as might have been done by such Justices, 

 Mayors, &c. in person. Permission is also given to use 

 force if necessary in making such entry, either by breaking 

 open doors or otherwise, and authority is given to arrest, 



{h) See note {g), ante. Pleading. As to other evidence of 



(') 8 & 9 Vict. c. 109, s. 2, Ap- a house being a common Gaming 



pendix. House, see post, pp. 461, 462. 



{j) Ibid. For form of indict- " (/,) 33 Hen. 8, c. 9, s. 14, Ap- 



ment, see Archbold's Criminal pendix. 



