470 



BETTING HOUSES. 



Power of 



Commissioners 

 of Police. 



The levy and 

 application 

 of penalties. 



Where party 

 neglects to 

 prosecute. 



No appeal 

 from High 

 Court. 



Extension to 

 Scotland. 



house in question on the 8th of November was therefore 

 upheld (x). 



The warrant may issue in respect of licensed premises 

 as well as others (y). And all persons found upon any 

 premises entered by virtue of such warrant may be arrested 

 whether they are actually engaged in contravening the Act 

 or not (s). 



Within the Metropolitan PoHce District, and the Dublin 

 Metropolitan Police District, a Commissioner of Police may 

 authorize any superintendent of police, accompanied by 

 such constables as may be directed to assist him, to enter 

 any suspected house, &c., or place, and to use force if 

 necessary, and to take into custody all persons found there, 

 and to seize all lists, cards, or other documents relating to 

 racing or betting (a). 



Penalties and costs may be levied by distress (5). Half 

 of every pecuniary penalty is to be paid to the informer, 

 and the remaining half to be apphed in aid of the poor 

 rate of the parish or extra-parochial place where the 

 offence was committed (c). 



In case a person who has laid any complaint or informa- 

 tion do not appear at the time at which the defendant may 

 have been summoned to appear, or on the adjournment of 

 the summons, or neglect to prosecute, any justices having 

 authority to adjudicate may authorize some other person 

 to proceed on such summons, or take out a fresh one, as 

 if the previous summons had not been granted (rf) . 



An appeal is given to quarter sessions {e), but the 

 certiorari is taken away (/). 



A conviction before justices under this Act is a "criminal 

 cause or matter" within section 47 of the Judicature Act, 

 1873, and the Court of Appeal has, therefore, no juris- 

 diction to hear an appeal Irom a judgment of the Higt 

 Court quashing the conviction on a case stated by justices (g). 



This Act (h) did not extend to Scotland, but by section 4 

 of the Act of 1874 (37 Vict. c. 15), it is so extended with 

 the following modifications and provisions : — (1) The term 

 " distress " shall mean poinding and sale ; the term "mis- 



la:) Ouley Y. Gee, 30 L. J., M. C. 

 222; i L. T., N. S. 338; 9 W. E. 

 662. 



(y) Anderson v. Hume, 46 J. P. 

 825. 



(;) Ibid. 



{«) 16 & 17 Vict. c. 119, ss. 12, 

 18, Appendix. 



{b) Ibid. s. 8. 

 {c) Ibid. o. 9. 

 (d) Ibid. s. 10. 

 («) Ibid. s. 13. 

 (/) Ibid. s. 14. 



Iff) Blake y. Beech, 2 Ex. D. 335 ; 

 36 L. T., N. S. 723. 

 {/») 16 & 17 Vict. u. 119. 



