474 



GAMING HOUSES. 



Setting up or 

 playing at 

 hazard, &c. 



Sufficient 

 evidence that 

 hazard has 

 been played. 



What is a 

 common 

 gaming house 

 under 8 & 9 

 Vict. u. 109. 



Any person setting up the games of the ace of hearts, 

 pharaoh, basset or hazard, is liable on summary conviction 

 before a justice of the peace to a penalty of 200/. And 

 any person playing or staking at any of the games is liable 

 in the same manner to a penalty of 60/. (u). 



On an information before two magistrates under this 

 statute (»•) " for setting up, maintaining and keeping a 

 certain game, to be determined by the chance of dice, 

 called hazard," the proof was that certain persons were 

 found in the house playing at hazard with cards ; that a 

 dice-box and dice were found on the table the subsequent 

 day, and these facts were held suiScient to warrant the justices 

 to conclude that the game of hazard was there played («/). 



Under 8 & 9 Vict. c. 109, a common gaming house, 

 " contrary to law," may be a place either where people 

 play an unlawful game against a bank, or where a lawful 

 game is so arranged that the chances are in favour of the 

 table. This is set out with particularity in the 2ad section 

 of the statute (s), which after reciting that "whereas 

 doubts have arisen whether certain houses, alleged or 

 reputed to be open for the use of the subscribers only, or 

 not open to all persons desirous of using the same, are 

 to be deemed common gaming houses," enacts, " that in 

 default of other evidence proving any house or place to 

 be a common gaming house, it shall be suiEcient in sup- 

 port of the allegation in any indictment or information, 

 that any house or place is a common gaming house, to prove 

 that such house or place is kept or used for playing therein 

 at any unlawful game, i.e., any game of chance, or any 

 mixed game of chance and skill (a), and that a bank is 

 kept there by one or more players exclusively of the others, 

 or that the chances of any game played therein are not 

 alike favourable to the players, including among the 

 players the banker or other person by whom the game is 

 managed, or against whom the other players stake, play, 

 or bet " (6). It is immaterial whether the bank is kept 

 by the owner or occupier or keeper of the house, or by one 

 of the players (c). 



{u) 12 Geo. 2, c. 28, ss. 2, 3, 

 Appendix; M'XinncU y. RoUnson, 

 3 M. & W. 438. 



[x] 12 Geo. 2, c. 28, s. 2, Appen- 

 dix. 



(y) Sex T. Liston, 5 T. E. 390. 



(z) 8 & 9 Vict. c. 109, s. 2, Ap- 

 pendix;. 



(a) Jenks v. Turpin, 13 Q. B. D. 



at p. 530, per A. L. Smith, J. 



(*) 8 & 9 Vict. c. 109, s. 2, Ap- 

 pendix. For form of indictment, see 

 Archbold's Criminal Pleading. As 

 to other evidence of a house being a 

 common gaming house, see post, pp. 

 476, 477. 



(c) Jenks v. Turpin, 13 Q. B. D. 

 at p. 530, per A. L. Smith, J. 



