GAMING HOUSES. 



475 



A house which is ostensibly kept and used as an ordi- A club, 

 nary social club, but which is in reality kept and used for 

 the purpose of gaming, the social arrangements being merely 

 subsidiary to its use for the purpose of gaming, and the 

 club, therefore, being a mere sham, is a common gaming 

 house (d). And so, it seems, is a house which is kept and 

 used for a double purpose, viz., as an honest social club for 

 those who do not desire to play, as well as for the purpose 

 of gaming for those who do (e). It makes no difference 

 that the use of the house is limited to the members of the 

 club, and that it is not open to all persons who may be 

 desirous of using it. It is not a jmMic, but a common 

 gaming house which is prohibited — i.e., a house in which 

 a large number of persons are invited habitually to con- 

 gregate for the purpose of gaming (/'). 



In every case, except within the Metropolitan Police Power of 

 District, in which the justices of peace in every shire, and Justices. 

 mayors, sheriffs, bailiffs and other head officers within 

 every city, town and borough, now have by law authority 

 to enter into any house, room or place where unlawful 

 games are suspected to be held {g) ; any justice of the 

 peace, under complaint made before him on oath that there 

 is reason to suspect any house, room or place to be kept and 

 used as a common gaming house, may by his warrant, at 

 any time in his discretion, authorize any constable, to- 

 gether with necessary assistance, to make an entry in the 

 same manner as might have been done by such justices, 

 mayors, &c. in person. Permission is also given to use 

 force if necessary in making such entry, either by breaking 

 open doors, or otherwise, and authority is given to arrest, 

 search and bring before a justice of the peace both "the 

 keepers and the persons resorting and playing there " {h) to 

 be dealt with according to law (i). 



Within the Metropolitan District, if any superintendent In the 

 belonging to the Metropolitan Pohce Force report in writing ^g'^^^"^"^^'"" 

 to the Commissioners of Police of the Metropolis that there 

 are good grounds for belief, and that he believes that a 

 house, room or place within the Metropolitan Police 

 District is kept or used as a common gambling house ; 

 either of these Commissioners, by their order in writing. 



(d) Jenks v. Tiirpin, 13 Q. B. D. 

 505 ; 53 L. J., M. C. 161 ; 50 L. 

 T., N. S. 808. 



(e) /enks v. Tiirpin, 13 Q. B. D. 

 at p. 612, per Hawkins, J. 



(/) 13 Q. B. D. at pp. 515, 516, 



per Hawkins, J. 



(g) 33 Hen. 8, c. 9, s. U, Appen- 

 dix. 



(A) 8 & 9 Vict. u. 109, s. 3, Ap- 

 pendix. See post, p. 479. 



(j) 33 Hen. 8, c. 9, s. 14. 



