GAMING. 



443 



the Licensing Act, 1872 ; and it is for the police to deter- 

 mine under the circumstances of each case under which 

 statute proceedings should be taken (i). But in order to 

 convict a licensed person of suffering his house to be used 

 by another for the purpose of money being received by him 

 by way of betting contrary to sections 1 and 3 of the former 

 Act, the money must actually have been received in the 

 house. A conviction was held bad where bets had been 

 made near a licensed house, and the stakes had been 

 received outside it, although they were afterwards deposited 

 in the house by arrangement with the defendant {k). 



By 2 & 3 Vict. c. 47, s. 44, every keeper of a refresh- 

 ment-house within the Metropolitan Police District who 

 knowingly suffers any unlawful game, or any gaming what- 

 soever therein, is liable to a penalty not exceeding 51. 



And by section 32 of the Refreshment Houses Act, 

 1860 (l), every person licensed to keep a refreshment-house 

 who shall knowingly suffer any unlawful games or gaming 

 therein shall, upon conviction thereof before two justices, 

 pay, for the first offence a fine not exceeding 40s., for the 

 second offence not exceeding 51., and for every subsequent 

 ■offence not exceeding 20^., or be subject to a forfeiture of his 

 licence, at the discretion of the justices before whom he 

 shall be convicted, and in case of such forfeiture of his 

 licence, such person shall be disqualified for the space of 

 one year then next ensuing from obtaining a fresh 

 licence, and such fresh licence, if obtained within the said 

 year, shall be absolutely null and void to all intents and 

 purposes. 



Money lent for the purpose of gaming would appear to 

 be now recoverable, unless it is lent where the gaming is 

 unlawful ; as, for instance, by a licensed publican to game 

 on his own premises (m) ; or by any party to play hazard, 

 &c. And the principle is, that the repayment of money 

 lent for the express purpose of accomplishing an illegal act 

 cannot be enforced (n). 



The test whether a demand connected with an illegal 

 transaction is capable of being enforced at law, is, whether 

 the plaintiff requires any aid from the illegal transaction to 

 establish his case (o). As where illegality appeared upon 



(0 Simsv.Fmj, 58 L. J.,M. C. 39; 

 60 L. T., N. S. 602 ; 53 J. P. 420. 



(/c) Davis V. Stephenson, 24 Q. B. 

 D. 529; 59 L. J., M. C. 73; 62 

 L. T., N". S. 436 ; 38 W. E. 429. 



(1) 23 & 24 Vict. c. 27. 



Gaming ia 



refreshmeiit- 



hoases. 



Money leat 

 for gamino". 



Test where 

 the transaction 

 is illegal. 



{in) Foot Y. Baker, 5 M. & G. 

 339 ; and see ante, p. 416. 



{«) M'Kinnell Y. Robinson, 3 M. 

 & W. 441. 



(o) Simpson T. Bloss, 7 Taunt. 

 246 ; 17 R. E. 509; Fivaz y. NichoUs, 



