GAMING. 



429 



or 10 & 11 Will. 3, c. 17, are liable to indictment for the 

 nuisance notwithstanding the pecuniary penalties im- 

 posed (jo). 



And it is enacted that no person "shall publickly or 

 privately keep any office or place, to exercise, keep open, 

 show, or expose to be played, drawn, or thrown at or in, 

 either by dice, lots, cards, balls, or by numbers or figures, 

 or by any other way, contrivance, or device whatsoever, 

 any game or lottery called a Uttlego, or any other lottery 

 whatsoever not authorized by parliament," under a penalty 

 of 500/., to be recovered in the Court of Exchequer at the 

 suit of the Attornej''- General {q). 



The same penalty is also incurred by any person who 

 " shall knowingly suifer to be exercised, kept open, shown, 

 or expose to be played, drawn, or thrown at or in, either 

 by dice, lots, cards, balls, or by numbers or figures, or by any 

 other way, contrivance, or device whatsoever, any sucli 

 game, or lottery, in his or her house, room, or place " (r). 



Before the passing of the Vagrant Acts, 3 Greo. 4, c. 40, 

 and 5 Geo. 4, o. 83, offenders not proceeded against for 

 the above penalty were punishable as rogues and vaga- 

 bonds, under 17 Geo. 2, c. 5 (s). But though by 5 Geo. 4, 

 c. 83, s. 1, it is enacted " That all provisions heretofore 

 made relative to rogues and vagabonds " are repealed, yet 

 it would appear that the combined operation of 3 Geo. 4, 

 c. 40, s. 21, and 5 Geo. 4, o. 83, s. 21, continues to justices 

 of the peace their jurisdiction under 42 Geo. 3, c. 119 {t). 



Under s. 4 of the Summary Jurisdiction Act, 1879, 

 justices may inflict a fine in lieu of imprisonment on per- 

 sons convicted as rogues and vagabonds, but they have no 

 power simply to convict him of keeping a lottery, and 

 fine him for so doing {u). 



The statute 42 Geo. 3, c. 119, s. 4, further empowers 

 any justice of the peace upon information on oath, to issue 

 a warrant authorising any person (but if by night then in 

 the presence of a constable), to break open and enter any 

 house or place where they have information of any offence 

 being committed within the Act, and to apprehend all 

 offenders, and all persons aiding and abetting in any such 



(p) H. V. Cmwshaw, 30 L. J., M. 

 C. 58;3L. T., N. S. 510; 9 "W. K. 

 68. 



{q) 42 Geo. 3, c. 119, ss. 1, 2; and 

 see Allporty. Nutt, 1 C. B. at p. 989. 



(r) 42 Geo. 3, c. 119, s. 2. 



(s) See 42 Geo. 3, c. 119, s. 3. 



Penalty for 

 keeping a 

 place for a 

 lottery or 

 littlesfo. 



Penalty for 

 sufiering any 

 lottery to be 

 drawn, &c. 



Jurisdiction 

 of jurtices. 



if) Reg. T. Justices of Sristol, 

 Jan. 11, 18.54, Q.B.; Yoiidan v. 

 Crookes, 22 J. P. 287 ; Taylor v. 

 Smetten, 11 Q. B. D. at p. 212. 



(«) Tmilor V. Smetten, 11 (J. B. 

 D. at p. 212. 



