BETTING HOUSES. 



467 



there must be evidence of physical resorting, and it is not 

 sufficient to show that letters and telegrams were sent to 

 the accused directing him to make bets with the senders ; 

 persons sending such letters and telegrams do not resort 

 to the house within the meaning of the section (/). 



No stronger evidence can be given of actual resorting 

 to a house than that of persons going there to pay money 

 for the purpose of ready money betting — i.e., paying the 

 money as a stake upon a horse on the assurance that the 

 defendant will pay over if the horse wins {g). Qucere, 

 whether upon the construction that the resorting must be 

 physical, a case would fall within the Act where a man did 

 not come to the house himself, but sent messengers or 

 representatives io make bets for him. Dealing with this 

 point, Lord Russell, C. J., in delivering judgment in 

 Beg. V. Brown (h), says: "I should be sorry to suppose 

 for an instant that such a case would not be within tbe 

 statute as it stands, and would not be consistent with the 

 construction I have put upon the section." 



Any owner or occupier, or person acting on his behalf, 

 or managing or assisting in conducting the business of 

 any house, &c., or place opened, kept or used for any of 

 the above-mentioned purposes, who shall receive any 

 money or valuable thing as a deposit on any bet on 

 condition of paying any money or valuable thing, on the 

 happening of any event " relating to a horse-race, or any 

 other race, or any fight, game, sport, or exercise," or as or 

 for the consideration for any agreement, &c., to pay or 

 give any money or valuable thing on any such event, and 

 any person giving any acknowledgment, security, &c., on 

 the receipt of any money or valuable thing so paid or given, 

 purporting or intended to entitle the bearer or any other 

 person to receive any money or valuable thing on the 

 happening of any such event, is on summary conviction 

 before two justices of the peace (*') liable to a penalty not 

 exceeding 50/., and payment of costs, or to imprisonment 

 not exceeding three calendar months {k). 



Any money or valuable thing received by any such person 

 as a deposit on any bet, or as or for the consideration for 

 any such agreement, &c., is to be deemed to have been re- 



(/) Meff. ,. Brown, [1893] 1 Q,. 



B. 119; 64 L. J., M. C. 1 ; 72 

 L. T., N. S. 22; 43 W. E. 22— 



C. C. E. 

 iff) Ibid. 



(A) [1895], 1 Q. B. at p. 130. 



(i) Or a police magistrate within 

 the Metropolitan PoUce District, 2 & 3 

 Vict. c. 71, s. 14. 



(/t) 16 & 17 Vict. c. 119, ». 4, 

 Appendix, see note (/), ante, p. 451. 



H H 2 



Penalty for 



receiviuK' 

 money, &c. 

 on certaiu 

 conditions. 



Money, &c. 

 so received 

 may he re- 

 covered from 

 the holder. 



