BETTING HOUSES. 



455 



Umbrella 

 race-course 

 Bowes V. 

 Fenwicli. 



most resembles is those movable offices on wheels in which 

 merchants conduct their business of lading and unlading- 

 ships in the docks of Liverpool ; and I have no doubt that 

 such a structure would be an office or a place withia the 

 meaning of the Act. But this was more : it was a fixed 

 place." 



In JBoives v. Fenirick (t), the appellant was on a race- 

 course, standing on a stool, over which was a large umbrella, 

 similar to a carriage umbrella, capable of covering several 

 persons, the stock being made in joints like that of a sweep's 

 brush, so as to be taken in pieces, and it was fastened in 

 the ground with a spike. The umbrella, when opened, was 

 seven or eight feet high. It was a showery day ; but the 

 umbrella was kept up rain or dry. On the umbrella was 

 painted in large letters, " G. Bowes, Victoria Club, Leeds." 

 There was also a card exhibited on which were the words 

 " We pay all bets first past the post." Bowes was calling 

 out ofiering to make bets ; and he was seen to make 

 bets, the money being deposited with him, and for which 

 he gave a ticket. On a case stated by justices, the question 

 for the opinion of the Court was, whether the stool and 

 umbrella, used as aforesaid by the appellant, did constitute 

 a " place " within the terms of section 3 of the Act. It 

 was held that they did, and the conviction was therefore 

 affirmed ; Lord Coleridge, C.J., in the course of his judg- 

 ment (i«), saying: " It is plain that the appellant was (pro- 

 vided the stool and umbrella constituted an office, room, or 

 place within the meaning of the Act) publicly using them for 

 a purpose prohibited by the Act. The only question raised 

 before us was, whether or not they did constitute an office, 

 room, or other place. Now the thing described clearly was 

 not a house or room. Was it an office or other place ? 

 Possibly it might be said to be in some sense an office : but 

 I am of opinion that, at all events, it was a ' place.' _ It 

 was an ascertained spot where the appellant, for the time 

 at least, carried on the business of betting with all persons 

 who might resort thither for that purpose. The card con- 

 nected with the umbrella and inscription upon it clearly 

 indicated a fixed and ascertained place used by the appel- 

 lant for a purpose prohibited by the Act." 



In Gallaway v. Maries {x), the respondent and a com- Moveable 



on 



(t) L. E., 9 C. P. 339 ; 43 L. J., 

 M. C. 107 ; 30 L. T., N. S. 524 ; 

 22 W. E. 804. 



(m) L. R., 9 C. P. at p. 344. 



Ix) 8 Q. B. D. 275; 51 L. J., 

 M. C. 53; 45 L. T., N. S. 763 ; 30 

 W. E. 151. 



