mitted by those upon whom an obligation lies to keep them in repair. But the positive offences against highways and bridges, consist of a variety of nuisances and other injuries capable of being committed by any person indiscriminately (f); some of which are punishable at common law, and others by the express provisions of the highway, bridge and turnpike Acts (g). 2. The carrying on of offensive or dangerous trades or manufactures (h). Such carrying on, when occasioning injury to any private individual, may form the subject of an action at his suit; but when it is detrimental to the public at large, it is punishable by fine and imprisonment; and it may be remarked, that to support an indictment for these nuisances, it is not necessary to prove that they are offensive to health, if manifestly offensive to the senses (i). 3. Exposing, in a public thoroughfare, a person infected with a contagious disease, is a common nuisance, and punishable by fine and imprisonment (k). 4. All disorderly inns or other houses(1); bawdy houses (m); gaming houses; play houses

(f) When there is a house erected, or an inclosure made, upon any part of the royal demesnes, or of a highway or common street or public water or such like public things,the proper and antient name for such a nuisance is a purpresture; from the French word pourpris, an inclosure. (See 4 Bl. Com. p. 167, citing Co. Litt. 277.)

(g) As to nuisances to highways, see 5 & 6 Will. 4, c. 50; 4 & 5 Vict. cc. 51, 59; 8 & 9 Vict. c. 71; 11 & 12 Vict. c. 123; 25 & 26 Vict. c. 61. As to nuisances to turnpike roads, see 3 Geo. 4, c. 126; Geo. 4, c. 95; 4 & 5 Vict. cc. 33, 51. As to nuisances to bridges, see 55 Geo. 3, c. 143. As to a felonious destruction or damage to bridges, turnpike gates, &c., vide sup. p. 140.

(h) See 1 & 2 Geo. 4, c. 41, as to

the negligent use of furnaces or steam engines.

(i) Rex v. Neil, 2 C. & P. 485. (k) See Rex v. Vantandillo, 4 M. & S. 73.

(1) We may remark here, that an inn, being intended for the lodging and receipt of travellers,— may be indicted, suppressed, and the innkeeper fined, if a traveller be refused entertainment by him without a very sufficient cause: for thus to frustrate the end of its institution is held to be disorderly behaviour; and therefore punishable as an offence, besides exposing the landlord to be sued for damages. (See Hawk. P. C. b. 1, c. 78, s. 2; Bull. N. P. 73; Bennet r. Mellor, 5 T. R. 273; Fell v. Knight, 8 Mee. & W. 269.)

(m) See 25 Geo. 2, c. 36, s. 5.

unlicensed or improperly conducted; unlicensed booths and stages for rope dancers and mountebanks (o); and the like,--are either at common law, or by statute, public nuisances; and may, upon indictment, be suppressed and fined (p); and their keepers, in some cases, imprisoned with hard labour (9). Against gaming houses, in particular, the efforts of the legislature have been directed with assiduous care. Thus the statute 33 Hen. VIII. c. 9, s. 11, prohibited the keeping any common house for dice, cards, or any "unlawful games," under pecuniary penalties of 40s. for every day of so keeping the house, and 6s. 8d. for every time of playing therein (r). Also, by 9 Ann. c. 14, 2 Geo. II. c. 28, 13 Geo. II. c. 19, and 18 Geo. II. c. 34,the particular games of faro, basset, ace of hearts, hazard, passage, roly poly and roulette; and all other games with dice, except backgammon ;—were prohibited under a penalty of 2007. for him that should erect the same, and 507. a time for the players (s). And now by 8 & 9 Vict. c. 109 (t), 16 & 17 Vict. c. 119, and 17 & 18 Vict. c. 38,

(0) Bac. Ab. tit. Nuisances. But by 6 & 7 Vict. c. 68, s. 23, theatrical representations in booths, or shows at fairs or feasts, &c., are lawful, when allowed by the local authorities.

(p) By 22 & 23 Vict. c. 17, and 30 & 31 Vict. c. 35, s. 1, before an indictment for keeping a disorderly house can be presented to or found by the grand jury, security must, in some cases, be given for the due prosecution of the charge.

(q) See 3 Geo. 4, c. 114.

(r) By 8 & 9 Vict. c. 109, s. 1, so much of 33 Hen. 8, c. 9, is repealed as prohibits bowling, tennis or other games of mere skill. As to the game of billiards, it is a lawful amusement; but, when played in public, it is placed by the Act of 8 & 9 Vict. under certain restrictions

-keepers of public billiard tables, bagatelle boards, and similar instruments, being required to be licensed by the justices at their general annual licensing meeting; and such keepers being forbidden, under heavy penalties, to allow play between the hours of one and eight on any day, or at any hour on a Sunday, Christmas Day, Good Friday, or day of public fast or thanksgiving. (8 & 9 Vict. c. 109, s. 10.)

(8) See also 30 Geo. 2, c. 24, s. 14, prohibiting, under a pecuniary penalty, gaming in public houses by labourers or servants. As to the offence of gaming in a public place, see also 5 Geo. 4, c. 83; In re Freestone, 1 H. & N. 93.

(t) This Act repeals a previous Act against fraudulent and excessive Gaming, 16 Car. 2, c. 7; and

further provisions are made for the punishment of those who keep or frequent common gaming houses (u); and for the suppression of such houses, when discovered to exist (r). By these statutes it is provided (y), that the owner or keeper of any common gaming house, and every person having the care or management thereof,-and every banker, croupier, and other person in any manner conducting the business of any such house,-shall, on conviction by the oath of one witness, before two justices of the peace, be liable, in addition to the penalties of 33 Hen. VIII., to pay such penalty (not being more than 5007.) as shall be adjudged by such justices: or, in the discretion of such justices, to be committed to the house of correction, with or without hard labour, for not more than twelve calendar months (z). It is also enacted, by these statutes, that every person who shall have been concerned in any unlawful gaming, but who,―on being examined as a witness before any justice of the peace, or on the trial of any indictment or information against the owner, or keeper, or person having the care of any common gaming house, touching such unlawful gaming,-shall make true dis

also so much of 9 Ann. c. 14, and 18 Geo. 2, c. 34, as relates to the offence of losing or winning to a certain amount. See also the temporary Acts, 7 & 8 Vict. cc. 3, 58. As to the different games that have been decided to fall within the prohibition contained in one or other of the Acts referred to in the text, see Goodburn v. Morley, 2 Stra. 1159; Jeffreys v. Walter, 1 Wils. 220; Lynall v. Longbotham, 2 Wils. 36; Hodson v. Terhill, 2 Tyrw. 929; Bentinck v. Connop, 5 Q. B. 693; Daintree v. Hutchinson, 10 Mee. & W. 85; Applegarth v. Colley, ibid. 723; Foot v. Baker, 5 Man. & G. 338. (u) By 16 & 17 Vict. c. 119, betting houses are declared to be common gaming houses. (See Shaw r.

VOL. IV.

Morley, Law Rep., 3 Exch. 137.)

(a) By 8 & 9 Vict. c. 109, ss. 2, 5, 8, provisions are made as to what shall be deemed sufficient evidence of keeping a common gaming house, or of gaming.

(y) Besides the above statutes, provisions against gaming houses are also contained in the following Acts: 31 Eliz. c. 5; 25 Geo. 2, c. 36; 42 Geo. 3, c. 119; 2 & 3 Vict. c. 47.

(z) 8 & 9 Vict. c. 109, s. 4; (and see 17 & 18 Vict. c. 38, s. 4.) But by 22 & 23 Vict. c. 17, and 30 & 31 Vict. c. 35, s. 1, before an indictment for keeping a gambling house shall be presented to or found by the grand jury, security must, in certain cases, be given for the due prosecution of the charge.

T

covery thereof to the best of his knowledge, shall be entitled to receive from the court, a certificate of his having done so; and shall be thereupon freed from all criminal prosecutions, forfeitures, and disabilities for any thing done in respect of the unlawful gaming in which he was so concerned (d). But, on the other hand, that any person found in any house, room or place legally entered by the police, under a warrant, as a suspected gaming place (e), may be required to be examined and to give evidence touching any unlawful gaming therein, or touching any obstructions to the entry; and shall not be excused from being examined or from answering any question put to him touching such matters, on the ground that his evidence will tend to criminate himself f). And further, that every person who shall by any fraud, unlawful device, or ill practice,-in play, betting, or wagering, at any game,win any sum of money or valuable thing, shall be deemed guilty of obtaining the same by a false pretence, and be punished accordingly (g); and that all contracts, (whether by parol or in writing,) by way of gaming or wagering, shall be null and void (h); and that no suit at law or in equity, shall be brought to recover from a stakeholder a deposit on a wager (i). There is, however, a proviso, that this last enactment shall not be deemed to apply to any subscription towards a plate or prize at any lawful game, sport, pastime, or exercise (k). Lastly, it is now

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

(e) Heavy pecuniary penalties are laid by 8 & 9 Vict. c. 109, and 17 & 18 Vict. c. 38, on such as unlawfully obstruct the authorized entrance of the police into suspected houses; or who, being there found, give false names or addresses.

(f) 17 & 18 Vict. c. 38, s. 5. (g) 8 & 9 Vict. c. 109, s. 17. As to obtaining money by false pretences, vide sup. p. 146.

(h) 8 & 9 Vict. c. 109, s. 18; see Applegarth v. Colley, 10 Mee. & W.

723; Gatty v. Field, 9 Q. B. 431; Rosewarne v. Billing, 15 C. B., N. S. 316; Bubb v. Yelverton, Law Rep., 9 Eq. Ca. 471. See also 5 & 6 Will. 4, c. 41 (amending 9 Ann. c. 14), and Hay v. Ayling, 20 L. J. (Q. B.) 171, as to notes, bills, or mortgages, given for money won at play.

(i) As to this provision, see Varney v. Hickman, 5 C. B. 271.

(k) As to horse racing for a plate or prize, it may be observed that it does not itself fall under any prohi

also provided by 36 & 37 Vict. c. 38, s. 3, that every person playing or betting by way of wagering or gaming in any street, road, highway, or other open and public place, or in any open place to which the public have access (1); at or with any table or instrument of gaming, or any card, coin, token, or other article used as an instrument of wagering at any game or pretended game of chance, shall be deemed a rogue and vagabond under the statute 5 Geo. IV. c. 83, and be liable to be convicted and punished accordingly; or else, at the discretion of the justices trying the case, in lieu thereof may be adjudged to pay a penalty not exceeding forty shillings for the first offence nor five pounds for any subsequent one (m). 5. By statute 10 & 11 Will. III. c. 17, all lotteries are declared to be public nuisances; and all grants, patents, or licences for the same, to be contrary to law (n); and by 12 Geo. II. c. 28, 13 Geo. II. c. 19, and 18 Geo. II. c. 34, all private lotteries by tickets, cards, or dice, are specifically prohibited. State lotteries, however, were, from time to time, authorized by successive Acts of parliament, until the 4 Geo. IV. c. 60, since which Act this method of raising money for the public service has been discontinued. 6. To this head we may also refer the offences of making, keeping, or carrying too large a quantity of gunpowder at one time, or in one place or vehicle (o); and of using mills or engines for making gunpowder, except in places duly

bitory enactment. For though by 12 Geo. 2, c. 19, no stakes or matches at horse races under 501. value could be run under penalty of 2007, this enactment was repealed by 3 & 4 Vict. c. 5. But as to bets on horse racing, see Coombes v. Dibble, Law Rep., 1 Exch. 248. As to a coursing match, see Daintree v. Hutchinson, 10 Mee. & W. 85. As to a foot race, sce Batty v. Marriott, 5 C. B. 817.

(1) See Hirst r. Molesbury, Law

Rep., 6Q. B. 130; Tollett v. Thomas, ib. 514.

(m) This Act repeals the Vagrant Act, 1863 (31 & 32 Vict. c. 52). As to the Vagrant Act, vide post, p. 287.

(n) See however 9 & 10 Vict. c. 48, legalizing Art Unions for the disposal of works of art by way of prizes.

(0) See R. v. Taylor, 2 Stra. 1167; R. v. Matters, 1 B. & Ald. 362.