442 GAMING. 



victed ((/). So where a licensed person had been convicted 

 upon proof that cards were being played for money on his 

 premises, but without any evidence that the person in 

 charge knew of the gaming, which took place at a late 

 hour in a private room ; it was held that the case must go 

 back to the justices " with an intimation of the opinion of 

 the Court that actual knowledge in the sense of seeing or 

 hearing by the party charged is not necessary, but that 

 there must be some circumstances from which it may be 

 inferred that he or his servants had connived at what was 

 going on (e)." But where the landlady of an hotel went to 

 bed leaving the hall- porter in charge, and he, after closing 

 the house, instead of taking his usual seat in the haU, 

 retired to a part of the house as distant as possible from a 

 room occupied by three persons of evident sporting pro- 

 clivities, who were subsequently discovered playing cards 

 for money ; it was held that the landlady was, under the 

 circumstances, responsible for the conduct of the porter, 

 and that there was sufiicient evidence that the latter sus- 

 pected what was going on, and connived at it, to justify her 

 conviction (/). Upon the same principle, a conviction was 

 held good where gaming had taken place on a skittle-alley 

 which was attached to the licensed premises, to the know- 

 ledge of the servant in charge, but without any knowledge 

 or connivance on the part of the licensed person, who had 

 given general directions to the servant not to permit 

 gambling {g). But where the gaming had taken place to 

 the knowledge of a servant employed on the premises, but 

 not in charge of the room where it had occurred, nor in 

 any way " clothed with the landlord's authority," and 

 there was no evidence of connivance or wilful bhndness 

 on the part of the latter, it was held that the justices were 

 right in refusing to convict {h) . 



A licensed person who opens, keeps, or uses, or suffers 

 his house to be opened, kept, or used in contravention of 

 the 16 & 17 Vict. c. 119, is liable to the 100/. penalty 

 imposed by section 3 of that Act upon any person so 

 offending, notwithstanding the provisions of section 17 of 



(d) Arards v. Banec, 26 J. P. v. Hole, 43 J. P. 799. 



437. (g) Bond v. Evans, 21 Q. B. D. 



(e) Bosley v. Davies, \ Q. B. D. 249 ; 57 L. J., M. C. 105 • 59 

 84 ; 45 L. J., M. C. 27 ; 33 L. T., L. T., N. S. 411 ; 36 W. R. 767 

 N. S. 628 ; 24 W. E. 140. (h) Somerset v. Bart, 12 Q. B. D. 



(/) Redgate \. Haynes, 1 Q. B. 360 ; 53 L. J., M. C. 77 ; 48 J P 

 D. 89 ; 45 L. J., M. C. 05 ; 33 327. 

 L. T., N. S. 779. See also CraUree 



