GAMING HOUSES. 



477 



as a common gaming house, and that the persons so found 

 were there playing ; although no play was actually going 

 on in the presence of such superintendent or constable 

 or those accompanying him on his entry. And the police 

 magistrate or justices, before whom any person is taken 

 by virtue of the warrant or order, may direct all such 

 tables and instruments of gaming to be forthwith de- 

 stroyed (r). 



But the difficulty of obtaining such evidence of gaming 

 was so great, that this portion of the Act proved to be 

 practically a dead letter ; for all gaming houses were found 

 to be provided with the means of secretly making away 

 with the instruments of gaming on any alarm being 

 given ; and the penalties inflicted were insufficient to cor- 

 rect the evil. 



Accordingly, to remedy these defects in the operation 

 of the 8 & 9 Yict. c. 109, and the other Acts for the 

 prevention of unlawful gaming, a supplementary Act was 

 passed in the year 1854, intituled "An Act for the Sup- 

 pression of Gaming Houses " (s), which has been com- 

 pletely successful in accomplishing that object. It recites 

 that "the keepers of common gaming houses contrive, 

 by fortifying the entrances of such houses, or by other 

 means, to keep out the officers authorized to enter the 

 same until the instruments of gaming have been removed 

 or destroyed, so that no sufficient evidence can be obtained 

 to convict the offenders, who are thereby encouraged to 

 persist in the violation of the law; and^' that " it is ex- 

 pedient that the law shall be made more efficient for 

 the suppression of gaming houses." 



With this object persons may be summarily convicted 

 under this Act before two justices of the peace of thus 

 obstructing the officers, and, in the discretion of the 

 justices, may be fined a sum of money not exceeding 

 100^., or be imprisoned, with or without hard labour, for 

 any period not exceeding six calendar months {t). And 

 the mere fact of obstructing the officers is to be evidence 

 of the house being a common gaming house (ii). 



Persons found there, and giving false names or ad- 

 dresses, or refusing to give their names and addresses, may. 



Difficulty of 



obtaining 



evidence. 



17 & 18 Vict. 



c. 38. 



(f) 8 & 9 Vict. c. 109, s. 8. 



(«) 17 & 18 Vict. c. 38, Appendix. 



(<) Ibid. s. 1, Appendix. So much 

 of this section and of ss. 2, 3, and i 

 as prescribes the term of imprison- 



Persons 

 summarily 

 convicted of 

 obstructing 

 officers. 



Persons 

 giving false 

 names or 

 addresses. 



ment for non-payment of penalty 

 and costs is repealed by the Summary 

 Jurisdiction Act, 1884. 

 («) Ibid. a. 2. 



