468 



BETTING HOUSES. 



Act does not 

 extend to 

 stakes in a 

 race, &c. 



Penalty for 

 advertising, 

 &c. 



Provisions of 

 Betting Act, 

 1874, as to 

 advertising. 



ceived for the use of the person from whom it was received, 

 and may be recovered with full costs in any Court of compe- 

 tent jurisdiction (/). 



Attention should be called to the fact that section 4, 

 supra, does not include " any person using the same." It 

 is therefore a condition precedent to the recovering back of 

 the money, that the person from whom it is sought to be 

 recovered shall be an owner or occupier of the house (m). 



The Act is not to extend to the holder of any " stakes 

 or deposit to be paid to the winner of any race or lawful 

 sport, game, or exercise," or to be paid " to the owner of 

 any horse engaged in any race " (») ; as where, for in- 

 stance, the owner of the second horse is entitled to receive 

 back his stake. 



Any person exhibiting or publishing, or causing to be 

 exhibited or published, any placard, advertisement, &c. 

 making it to appear that any house, &c. or place is 

 opened, kept, or used for the purpose of making bets in 

 manner above mentioned, or for the purpose of exhibiting 

 lists for betting, or with intent to induce any person to 

 resort to such house, &o., or place, for the purpose of 

 making bets or wagers in manner above mentioned, or 

 any person who on behalf of the owner or occupier, or 

 person using any such house, &c., or place, may invite 

 other persons to resort thereto for the purpose of making 

 any bets or wagers as above mentioned, is on summary 

 conviction before two justices of the peace (o), liable to a 

 penalty not exceeding 30/., and payment of costs, or to 

 imprisonment not exceeding two calendar months (p). 



Section 3 of the Betting Act, 1874 (37 Yict. c. 15), 

 farther provides that where any letter, circular, telegram, 

 placard, handbill, card, or advertisement is sent, exhibited, 

 or published — (1) whereby it is made to appear that any 

 person either in the United Kingdom or elsewhere, wiU, on 

 application, give information or advice for the purpose of 

 or with respect to any such bet or wager, or any such 

 event or contingency as is mentioned in the principal Act, 

 or win make on behalf of any other person any such bet 

 or wager as is mentioned in the principal Act ; or (2) with 



{[) 16 & 17 Vict. c. 119, s. 5, 

 Appendix. 



(»i) Sei/. V. Freedtj, 17 Cox, C. C. 

 at p. 440. See also Doggett v. Cat- 

 terns, ante, p. 452. 



(n) 16 & 17 Viet. c. 119, s. 6, 



Appendix. 



(o) Or a police magistrate •within 

 the Metropolitan Police District, 2 & 3 

 Vict. c. 71, s. 14. 



{p) 16 & 17 Vict. c. 119, s. 7, 

 Appendix. 



