it shall be proved upon the oath of two or more credible witnesses, before any justice or justices of the peace, as well as where such justice or justices shall find upon his or their own view, that any person or persons hath or have used or exercised any unlawful game contrary to the said statute, the said justice or justices shall have full power and authority to commit all and every such offender and offenders to prison, without bail or mainprize, unless and until such offender and offenders shall enter into one or more recognizance or recognizances, with sureties or without, at the discretion of the said justice or justices of the peace, that he or they respectively shall not from thenceforth play at or use such unlawful games.

But, by stat. 8 & 9 Vict. c. 109, s. 1, so much of the above Act, whereby any game of mere skill, such as bowling, coyting, cloyshcayls, half bowl, tennis, or the like, is declared an unlawful game, or which enacts any penalty for playing at any such game of skill,-is repealed.

The mode of prosecuting for these penalties is directed by stat. 31 El. c. 5, s. 7, which enacts that they shall be sued and prosecuted in the general quarter sessions of the peace where the offence shall be committed, or in the leet within which it shall happen. Where justices convicted a man for playing at bowls, as a rogue and vagabond, under the Vagrant Act, the court quashed the conviction, saying that it was not an offence within that Act, but within this statute of Henry 8th. R. v. Clarke, Cowper, 35.

Cheating at cards, dice, &c.] By stat. 8 & 9 Vict. c. 109, s. 17, "every person, who shall, by any fraud or unlawful device, or ill practice, in playing at or with cards, dice, tables, or other game, or in bearing a part in the stakes, wagers, or adventures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or exercise, win from any other person to himself, or any other or others, any sum of money or valuable thing, shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such person of the same, and, being convicted thereof, shall be punished accordingly."

The commitment in this case must be for obtaining the money by false pretences. See ante, p. 457.

Gaming in the streets, &c.] Every person playing or betting, at any game or pretended game of chance, at or with any table or instrument of gaming, in the street or highway, &c., shall be deemed a rogue and vagabond. 5 G. 4, c. 83, s. 4. See tit. "Vagrant."

GAMING-HOUSE.

Keeper, punishable by indictment.] A common gaming-house is a public nuisance; and the party keeping it is punishable, as for a misdemeanor at common law, with fine or imprisonment [with hard labour, 3 G. 4, c. 114], or both. 1 Hawk. c. 25, 8. 6. R. v. Rogier, 1 B. & C. 272. The constable or overseers of the poor of the parish in which the house is situate, may be compelled to prosecute, in the manner mentioned ante, pp. 423, 424, with respect to disorderly houses. Commitment:-On at -, unlawfully did keep and maintain a certain common gaming-house; and in the said common gaming-house, for lucre and gain, unlawfully and wilfully did cause and procure divers idle and evil-disposed persons to frequent and come to play together at a certain unlawful game of [cards] called and then and there in the said common gaming-house unlawfully and wilfully did permit and suffer the said idle and evil-disposed persons to be and remain, playing and gaming at the said unlawful game called for divers large and excessive sums of money. And you the said keeper, &c.

Keeper, &c. punishable upon summary conviction.] By stat. 8 & 9 Vict. c. 109, s. 4, "the owner or keeper of any common gaming-house, and every person having the care or management thereof, and also every banker, croupier, or other person who shall act in any manner in conducting the business of any common gaming-house,-shall, on conviction thereof, by his own confession, or by the oath of one or more credible witnesses, before any two justices of the peace, beside any penalty or punishment to which he may be liable under the provisions of the said Act of King Henry the Eighth, be liable to forfeit and pay such penalty, not more than one hundred pounds, as shall be adjudged by the justices before whom he shall be convicted, or, in the discretion of the justices before whom he shall be convicted, may be committed to the house of correction, with or without hard labour, for any time not more than six calendar months; and on non-payment of any penalty so adjudged, and of the reasonable costs and charges attending the conviction, the same shall be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of one of the convicting justices: provided always, that nothing herein contained shall prevent any proceeding by indictment against the owner or keeper or other person having the care or management of a common gaminghouse; but no person who shall have been summarily convicted of any such offence, shall be liable to be proceeded against by indictment for the same offence."

Evidence.] Whereas doubts have arisen whether certain houses, alleged or reputed to be opened 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; be it declared and enacted, that, in default of other evidence proving any house or place to be a common gaming-house, it shall be sufficient, in support of the allegation in any indictment or information that any house or place is a common gaminghouse, to prove that such house or place is kept or used for playing therein at any unlawful game, and that a bank is kept there by one or more of the players exclusively of the others, or that the chances of any game played therein are not alike favourable to all 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; and every such house or place shall be deemed a common gaming-house, such as is contrary to law and forbidden by stat. 33 H. 8, c. 9, and by all other Acts containing any provision against unlawful games or gaming-houses. Id. s. 2.

But it shall not be necessary, in support of any information for gaming in, or suffering any games or gaming in, or for keeping or using, or being concerned in the management or conduct of, a common gaming-house, to prove that any person found playing at any game was playing for any money, wager or stake. Id. s. 5.

And for the more effectual prosecution of the keepers of common gaming-houses, be it enacted, that every person who shall have been concerned in any unlawful gaming, and who shall be examined as a witness by or before any police magistrate or justice of the peace, or on the trial of any indictment or information against the owner or keeper or other person having the care or management of any common gaming-house, touching such unlawful gaming, and who upon such examination shall make true and faithful discovery to the best of his or her knowledge of all things as to which he or she shall be so examined, and shall thereupon receive from the magistrate or justice of the peace or judge of the court by or before whom he or she shall be so examined a certificate in writing to that effect, shall be freed from all criminal prosecutions, and from all forfeitures, punishments, and disabilities, to which he or she may have become liable for any thing done before that time in respect of such unlawful gaming. Id. s. 9.

Warrant to enter gaming-houses.] By stat. 33 H. 8, c. 9, s. 14, it shall be lawful to all and every the justices of peace in every shire, mayors, sheriffs, bailiffs and other head officers, within every city, town, and borough, within this realm, from time to time, as well within liberties as without, as need and case shall require, to come, enter and resort into all and every

houses, places, and alleys where such games shall be suspected to be holden, exercised, used or occupied contrary to the form of this statute; and as well the keepers of the same, as also the persons there haunting, resorting and playing, to take, arrest and imprison, and them so taken and arrested to keep in prison unto such time as the keepers and maintainers of the said plays and games have found sureties to the king's use, to be bound by recognizance or otherwise, no longer to use, keep, or occupy any such house, play, game, alley or place; and also that the persons there so found be in like case bound by themselves or else with sureties, by the discretions of the justices, mayor, sheriffs, bailiffs or other head officers no more to play, haunt or exercise from thenceforth in, at or to any of the said places, or at any of the said games.

And by stat. 8 & 9 Vict. c. 109, s. 3, "in every case (except within the metropolitan police district) in which the justices of peace in every shire, and mayors, sheriffs, bailiffs, and other head officers within every city, town, and borough, within this realm, now have by law authority to enter into any house, room, or place where unlawful games shall be suspected to be holden, it shall be lawful for any justice of the peace, upon complaint made before him on oath that there is reason to suspect any house, room, or place to be kept or used as a common gaming-house, to give authority, by special warrant under his hand, when in his discretion he shall think fit, to any constable, to enter, with such assistance as may be found necessary, into such house, room, or place, in like manner as might have been done by such justices, mayors, sheriffs, bailiffs, or other head officers, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to arrest, search, and bring before a justice of peace all such persons found therein as might have been arrested therein by such justice of peace had he been personally present; and all such persons shall be dealt with according to law, as if they had been arrested in such house, room, or place by the justice before whom they shall be so brought; and any such warrant may be in the form given in the first schedule annexed to this Act."

Warrant.

County of To the Constable, &c.

}

Whereas it appears to me, J. P., one of the justices of our Lady the Queen, assigned to keep the peace in the said county, by the information on oath of A. B. of · - in the county of —, yeoman, that the house [room or place] known as [here insert a description of the house, room, or place by which it may be readily made known and found], is kept and used as a common gaming-house within the meaning of an Act

passed in the year of the reign of Her Majesty Queen Victoria, intituled [here insert the title of this Act]*:

This is, therefore, in the name of our Lady the Queen, to require you, with such assistants as you may find necessary, to enter into the said house [room or place], and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and there diligently to search for all instruments of unlawful gaming which may be therein, and to arrest, search, and bring before me, or some other of the justices of our Lady the Queen assigned to keep the peace within the county of

as well the keepers of the same as also the persons there haunting, resorting, and playing, to be dealt with according to law; and for so doing this shall be your warrant.

Given under my hand and seal at

J. P. (L. s.)

in the county of

year of the

The like, in the metropolitan district.] By stat. 8 & 9 Vict. c. 109, s. 6, "if any superintendent belonging to the metropolitan police force shall report in writing to the commissioners of police of the metropolis that there are good grounds for believing, and that he does believe, that any house, room, or place within the metropolitan police district is kept or used as a common gaming-house, it shall be lawful for either of the said commissioners, by order in writing, to authorize the superintendent to enter any such house, room, or place, with such constables as shall be directed by the commissioner to accompany him, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and to seize all tables and instruments of gaming found in such house or premises, and also to seize all monies and securities for money found therein."

"And it shall be lawful for the police superintendent making such entry as aforesaid in obedience to any such order of one of the commissioners of police of the metropolis, with the assistance of any constable or constables accompanying him, to search all parts of the house, room, or place which he shall have so entered where he shall suspect that tables or instruments of gaming are concealed, and all persons whom he shall find therein, and to seize all tables and instruments of gaming which he shall so find." Id. s. 7.

And where any cards, dice, balls, counters, tables, or other instruments of gaming used in playing any unlawful game shall be found in any house, room, or place suspected to be used as a common gaming-house, and entered under a warrant

*"An Act to amend the Law concerning Games and Wagers."