GAMING. 439 



ments are, however, repealed, the former by the Statute 

 Law Eevision Act, 1888 (No. 2), and the latter by the 

 Vagrant Law Amendment Act, 1873 ((/), by s. 3 of which 

 it is enacted that, " every person playing or betting by 

 way of wagering or gaming in any street, road, highway, 

 or other open and public place, or in any open place to 

 which the public have or are permitted to have access, at 

 or with any table or instrument of gaming, or any coin, 

 card, token, or other article used as an instrument or means 

 of such wagering or gaming, at any game or pretended 

 game of chance, shall be deemed a rogue or vagabond 

 within the true intent and meaning of 5 Geo. 4, c. 83, 

 and as such may be convicted and punished under the 

 provisions of that Act, or in the discretion of the justice or 

 justices trying the case, in lieu of such punishment, by a 

 penalty for the first ofPence not exceeding forty shillings, 

 and for the second or any subsequent offence not exceed- 

 ing five pounds. 



A railway carriage while travelling on its journey is 

 within the definition of " an open and public place, to which 

 the public have or are permitted to have access " in this 

 section (A) . And so, it seems, is an omnibus, under similar 

 circumstances («'). A field belonging to a company which 

 they allowed their workmen and their families to use for 

 purposes of recreation, and which strangers were allowed to 

 use for the like purposes, was also held to be within this 

 definition (/v) . Qiimi-e, whether the section applies to in- 

 closed grounds to which persons are admitted on payment 

 of a price for admission {I). 



Where the defendants were charged with being on a Instruments 

 racecourse taking deposits on the bets made and amounts ''* gaming, 

 staked on the several horses, and soliciting the bystanders 

 to make bets, charging ten per cent, on the amounts won, 

 for the use of an instrument which displayed the state of 

 the odds, and by a mechanical arrangement varied the 

 announcement from time to time according to the bets 

 made ; it was held that such a machine was an instrument 

 or means of wagering within the meaning of the statute {in). 



{(/) 36 & 37 Vict. c. 38. {k) TurnbuU v. Appleton, 45 J. V. 



ih) Langrish T. Archer, 10 Q. B. 469. 



D. 44 ; 52 L. J., M. C. 47; 47 L. T. (t) Hirst v. 2Ioleshwy, L. R. 6 



N. S. 548 ; 31 "W. R. 183. See also Q. M. 130. 



Ex parte Freestone, 25 L. J., M. C. (m) Tottett v. Thomas, L. R. 6 



121 Q. B. 514 ; 40 L. J., M. C. 209 ; 



(i) JR. V. Holmes, 22 L. J., M. C. 24 L. T., N". S. 508; 19 W. R. 



122. 890. 



