GAMING HOUSES. 



479 



held to have been rightly convicted as persons " having 

 the care or management of and assisting in conducting the 

 business of the club ; " but a conviction against three of the 

 players, who were included in the same information, for 

 assisting by playing in conducting the business of the club, 

 was held bad, although they might possibly be liable to 

 indictment for unlawful gaming in a common gaming 

 house. 



Under this Act the justices of the peace, before whom 

 persons found in a room or place of this description shall be 

 brought, may require any of the persons apprehended to be 

 sworn and to give evidence under a penalty for refusal {d) ; 

 but persons making a full discovery may be freed from 

 all penalties (e). 



The penalties and costs inflicted under this Act may be 

 levied by distress (/). And one-half of each penalty shall 

 be applied in aid of the poor rate of the parish in which 

 the offence shall have been committed, and the other half 

 shall be paid to the person laying the information (g). 

 Except in the case of a conviction before a Metropolitan 

 Police magistrate, when the half of the penalty which is 

 not payable to the informer goes to the receiver of the 

 Metropolitan Police (A). 



On the neglect of the person laying the information to 

 prosecute the summons, the justices may authorize any 

 other person to proceed thereon, or to lay a fresh informa- 

 tion (i). 



An appeal is given to quarter sessions (Ji) ; and the 

 judgment of the justices thus given is not removable by 

 certiorari (l). 



By 8 & 9 Vict. c. 109, s. 10, a licence is required for 



Persons 

 apprehended 

 may be made 

 ■witnesses. 



Penalties and 

 costs. 



On neglect 

 to prosecute, 

 another per- 

 son may be 

 authorised to 

 do so. 



Remaining 

 provisions. 



Billiards, 

 bagatelle, &c. 



(<?) 17 & 18 Vict. c. 38, s. 5, Ap- 

 pendix. 



(e) Ibid. s. 6. 



(/) Ibid. s. 7. 



(?) Ibid. B. 8. 



(A) TTray v. Mlis, 1 E. & E. 276 ; 

 28 L. J., M. C. 45. 



(i) 17 & 18 Vict. c. 38, s. 9, Ap- 

 pendix. By the 22 & 23 Vict. c. 17, 

 s. 1, no bill of indictment for keep- 

 ing a gambling house (amongst other 

 offences) shall be presented to or be 

 found by any grand jury, unless the 

 prosecutor or other person presenting 

 such indictment has been bound by 

 recognizance to prosecute or give evi- 

 dence against the person accused of 



such offence, or unless the person 

 accused has been committed to or 

 detained in custody, or has been 

 bound by recognizance to appear in 

 answer to an indictment to be pre- 

 ferred against him for such offence, 

 or unless such indictment for such 

 offence, if charged to have been 

 committed in England, be preferred 

 by the direction or with the con- 

 sent in writing of a Judge of one 

 of the Superior Courts or of Her Ma- 

 jesty's Attorney -General or Solicitor- 

 General. 



(k) 17 & 18 Vict. c. 38, s. 10, 

 Appendix. 



{1} Ibid. s. 11. 



