GAMING HOUSES. 



473 



The indictment would seem to be good if it merely 

 charges the defendant with keeping a common gaming 

 house (/) ; as where the person is indicted for the offence 

 of keeping a house where people assembled to play rouge 

 et noir (m). 



And as it is an indictment for a public nuisance, and not 

 for any matter in the nature of a private injury, any person 

 may go on with it even against the consent of the original 

 prosecutor, it he has discontinued it (n). 



Under 25 Geo. 2, c. 36 (o), provision is made for the 

 indictment of " any person who shall act or behave him or 

 herself as master or mistress, or as the person having the 

 care, government, or management of any gaming house, &c." 

 To encourage prosecutions for keeping gaming houses, 

 &c., two inhabitants of any parish or place may give notice 

 in writing to the constable of any person there keeping a 

 gaming house, &c., upon which notice the constable is to go 

 with such inhabitants to a justice of the peace, who on 

 making oath that they believe the contents of such notice 

 to be true, are each to enter into a recognizance in the sum 

 of 20^. to give evidence, and the constable into a recogniz- 

 ance in the sum of 30/. to prosecute at the next general or 

 quarter sessions or assizes ( p) . 



After the constable has entered into such recognizance to 

 prosecute, the justice is to make out his warrant to bring 

 the accused person before him to be bound over to appear 

 at the general or quarter sessions or assizes, there to answer 

 such bill of indictment (q) as may then be found for the 

 offence. And the justice may, in his discretion, take 

 security for such person's good behaviour in the mean- 

 time (r). 



The overseers of the poor of the parish or place are to 

 pay the constable the reasonable expenses of prosecution, 

 and on conviction 10/. to each of the two inhabitants, on 

 penalty of forfeiting double the sum (s). 



Any constable who may neglect or refuse upon such 

 notice to go before any justice of the peace, or to enter 

 into such recognizance, or may be wilfully negligent in 

 carrying on such prosecution, is for every offence to forfeit 

 20/. to each inhabitant giving such notice (t). 



(l) Sex V. Eogier, 1 B. & C. 272 ; 

 2D. & E. 431. 

 (m) Ibid. 



(«) Rex V. Wood, 3 B. & Ad. 6.57. 

 (o) 25 Geo. 2, u. 36, ss. 6, 8. 

 Ip) Ibid. B. 5. 



Charge in the 

 indictment. 



Any person 

 may go on 

 with it. 



Statutory 

 proTisious for 

 an indict- 

 ment. 



Notice by 

 two inhabit- 

 ants. 



Binding over 

 the party 

 accused. 



Duty of 

 overseers of 

 the poor. 



Penalty where 

 constable 

 neglects his 

 duty. 



(») The certiorari in all cases is 

 taken away by s. 10. See Segi. v. 

 Sanders, 9 Q. B. 235. 



(r) 25 Geo. 2, c. 36, s. 6. 



(,s) Ibid. s. 5. 



It) Ibid. s. 7. 



