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[Note.-- The Words printed in Italics are proposed to be inserted

in Committee.]

HEREAS a kind of Gaming has of late sprung up tending Preamble. to the Injury and Demoralization of improvident Persons

by the opening of Places called Betting Houses or Offices, and the receiving of Money in advance by the Owners or Occupiers 5 of such Houses or Offices, or by other Persons acting on their Behalf,

on their Promises to pay Money on Events of Horse Races and the like Contingencies: For the Suppression thereof be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Con

sent of the Lords Spiritual and Temporal, and Commons, in this 10 present Parliament assembled, and by the Authority of the same, as follows:

I. No House, Office, Room, or other Place shall be opened, kept, No House, or used for the Purpose of the Owner, Occupier, or Keeper thereof, to bę

or any Person procured or employed by such Owner or Occupier, pose of 15 betting with Persons resorting thereto, or for the Purpose of

any

Occupier Money or valuable Thing being received by the Owner, Occupier, or betting with Keeper thereof, or by any Person acting for or on behalf of such other PerOwner, Occupier, or Keeper, or by any Person having the Care or

Management thereof, or in any Manner conducting the Business 20 thereof, as or for the Consideration for any Assurance, Undertaking, 761. A

Promise,

Owner or

sons.

Exercise, or as or for the Consideration for securing the paying or giving by some other Person of any Money or valuable Thing on any such Event or Contingency as aforesaid ; and every House, Office, Room, or other Place opened, kept, or used for the Purposes aforesaid, or any of them, is hereby declared to be a common 5 Nuisance and contrary to Law.

Betting Houses to be Gaming Houses within 8 & 9 Vict. (.09.

Penalty on Owner or Occupier of Betting House.

II. Every House, Room, Office, or Place opened, kept, or used for the Purposes aforesaid, or any of them, shall be taken and deemed to be a common Gaming House within the Meaning of an Act of the Session holden in the Eighth and Ninth Years of Her Majesty, 10 Chapter One hundred and nine, “ to amend the Law concerning “ Games and Wagers.”

III. Any Person who being the Owner or Occupier of any House, Office, Room, or other Place, or a Person using the same, shall open, keep, or use the same for the Purposes herein-before mentioned, or 15 either of them; and any Person who being the Owner or Occupier of any House, Room, Office, or other Place shall knowingly and wilfully permit the same to be opened, kept, or used by any other Person for the Purposes aforesaid, or either of them; and any Person having the Care or Management of or in any Manner assisting in conducting 20 the Business of any House, Office, Room, or Place opened, kept, or used for the Purposes aforesaid, or either of them, shall, on summary Conviction thereof before any Two Justices of the Peace, be liable to forfeit and pay such Penalty, not exceeding One hundred Pounds, as shall be adjudged by such Justices, and may be further adjudged 25 by such Justices to pay such Costs attending such Conviction as to the said Justices shall seem reasonable ; and on the Nonpayment of such Penalty and Costs, or in the first instance, if to the said Justices it shall seem fit, may be committed to the Common Gaol or House of Correction, with or without Hard Labour, for any Time not ex- 30 ceeding Six Calendar Months.

Penalty on
IV: Any Person, being the Owner or Occupier of any

House' Persons

Office, Room, or Place opened, kept, or used for the Purposes receiving Money on

aforesaid, or either of them, or any Person acting for or on behalf of condition of any such Owner or Occupier, or any Person having the Care or 35 paying Money on Event Management or in any Manner assisting in conducting the Business of any Bet. thereof, who shall receive, directly or indirectly, any Money or

valuable Thing as a Deposit on any Bet on condition of paying any Sum of Money or other valuable Thing on the happening of any Event or Contingency of or relating to a Horse Race or any other 40 Race, or any Fight, Game, Sport, or Exercise, or as or for the Consideration for any Assurance, Undertaking, Promise, or Agreement express or implied, to pay or give thereafter any Money or valuable

Thing

Thing on any such Event or Contingency, and any Person giving any
Acknowledgment, Note, Security, or Draft on the Receipt of any
Money or valuable Thing so paid or given as aforesaid purporting or

intended to entitle the Bearer or any other Person to receive any
5
Money or valuable Thing on the happening

on the happening of any such Event or Contingency as aforesaid, shall, upon summary Conviction thereof before Two Justices of the Peace, forfeit and pay such Penalty, not exceeding Fifty Pounds, as shall be adjudged by such Justices, and may be

further adjudged by such Justices to pay such Costs attending such 10

Conviction as to the said Justices shall seem reasonable ; and on the Nonpayment of such Penalty and Costs, or in the first instance if to such Justices it shall seem fit, may be committed to the Common Gaol or House of Correction, with or without Hard Labour, for any Time not exceeding Three Calendar Months.

V. Any Money or valuable Thing received by any such Person Money so 15

received may aforesaid as a Deposit on any Bet, or as or for the Consideration for be recovered any such Assurance, Undertaking, Promise, or Agreement as afore- from the

Persons resaid, shall be deemed to have been received to or for the Use of the

ceiving the Person from whom the same was received, and such Money or valuable same:

Thing, or the Value thereof, may be recovered accordingly, with full 20 Costs of Suit, in any Court of competent Jurisdiction.

VI. Provided always, That nothing in this Act contained shall extend This Act not to any Person receiving or holding any Money or valuable Thing to extend to by way of Stakes or Deposit to be paid to the Winner of any Race, to Owner of

or lawful Sport, Game, or Exercise, or to the Owner of any Horse Horse win25

ning a Race. engaged in

any

Race.
VII. Any Person exhibiting or publishing or causing to be exhibited Penalty on

Persons exor published any Placard, Handbill, Card, Writing, Sign, or Adver

hibiting Platisement whereby it shall be made to appear that any House, Office, cards or Room, or Place is opened or kept or used for the Purpose of making Betting

advertising 30

Bets or Wagers, or for the Purpose of exhibiting Lists for betting, Houses.
or with Intent to induce any Person to resort to such House, Office,
Room, or Place for the Purpose of making Bets or Wagers, or any
Person who, on behalf of the Owner or Occupier of any such

House, Office, Room, or Place, or Person using the same, shall 35

invite other Persons to resort thereto for the Purpose of making
Bets or Wagers, shall, upon summary Conviction thereof before Two
Justices of the Peace, forfeit and pay a Sum not exceeding Thirty
Pounds, and may be further adjudged by such Justices to pay such

Costs attending such Conviction as to the said Justices shall seem rea40

sonable; and on the Nonpayment of such Penalty and Costs, or in the
first instance if to such Justices it shall seem fit, may be committed to
the Common Gaol or House of Correction, with or without Hard
Labour, for any Time not exceeding Two Calendar Months.
852.
A 2

VIII. If

Penalties and VIII. If any Person convicted under this Act on Information before
Costs may be Justices shall be adjudged to pay any Penalty, or any Costs and
levied by
Distress. Charges attending the Conviction, and shall fail to pay such Penalty

or Costs, the same may be levied by Distress and Sale of the Goods
and Chattels of the Offender, by Warrant under the Hand and Seal 5
of One o the convicting Justices : Provided always, that if any
Person shall be committed to Prison for default of Payment of any
Penalty and Costs, then the Costs alone may be levied by Distress
as aforesaid.

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Application of Penalties.

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IX. One Half of every pecuniary Penalty which shall be adjudged to 10
be paid under this Act shall be paid to the Informer, and the remain-
ing Half shall be applied in aid of the Poor Rate of the Parish in
which the Offence shall have been committed, and shall be paid for
that Purpose to the Overseer or other Person authorized to receive
Poor Rates in such Parish, or if the Place wherein the Offence shall 15
have been committed shall be extra-parochial, then the Justices by
whom such Penalty shall be adjudged to be paid shall direct such
remaining Half thereof to be applied in aid of the Poor Rate of such
extra-parochial Place, or, if there shall not be any Poor Rate therein,
in aid of the Poor Rate of any adjoining Parish or District.

20

tices may

authorize

On Neglect X. In case any Person who shall have laid any Complaint or Inforto prosecute mation in respect of any Offence against this Act shall not appear at mons, Jus.

the Time at which the Defendant may have been summoned to appear,

or at any Time to which the Hearing of the Summons may have been some other adjourned, or, in the Opinion of any Justices having Authority to 25 Person to

adjudicate with respect to the Offence charged in such Information or proceed.

Complaint as aforesaid, shall otherwise have neglected to proceed
upon or prosecute such Information or Complaint with due Diligence,
it shall be lawful for such Justices to authorize any other Person to
proceed on such Summons instead of the Person to whom the saine 30
may have been granted, or, if such Justices think fit, to dismiss the
Summons already granted, and authorize any Person to take out a
fresh Summons in respect of the Offence charged in such Information
or Complaint, in like Manner as if the previous Summons had not
been granted.

35

Justices may authorize Search of suspected Houses.

XI. 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, Office, Room, or Place to be kept or used as a Betting House or Office, contrary to this Act, to give Authority by special Warrant under his Hand, when in his Discretion he shall think fit, to any Constable or 40 Police Officer, to enter, with such Assistance as may be found necessary, into such House, Office, Room, or Place, and, if necessary, to use Force

for

for making such Entry, whether by breaking open Doors or otherwise,
and to arrest, search, and bring before a Justice of the Peace all such
Persons found therein, and to seize all Lists, Cards, or other Docu-

ments relating to racing or betting found in such House or Premises 5 and any such Warrant may be according to the Form given in the

First Schedule annexed to the before-mentioned Act “ to amend
“ the Law concerning Games and Wagers.”

Police may

XII. If any Superintendent belonging to the Metropolitan Police

CommisForce shall report in Writing to the Commissioners of Police of the sioner of 10 Metropolis that there are good Grounds for believing and that he does

authorize believe that any House, Office, Room, or Place within the Metropolitan SuperintenPolice District is kept or used as a Betting House, contrary to this Act, lice to enter it shall be lawful for either of the said Commissioners by Order in and search

Writing to authorize the Superintendent to enter any such House, Office, suspected 15 Room, or Place, with such Constables as shall be directed by the Com

missioner 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 Lists, Cards, or other Documents relating to 20 racing or betting found in such House or Premises.

XIII. Any Person who shall be summarily convicted under this Act

Appeal to may appeal to the next General or Quarter Session of the Peace to be Quarter holden for the County or Place wherein the Cause of Complaint shall

Sessions. have arisen, provided that such Person at the Time of the Conviction 25 give Notice of his Intention to appeal, and shall at the Time of such

Conviction, or within Forty-eight Hours thereafter, enter into a Recognizance with Two sufficient Securities conditioned personally to appear at the said Session to try such Appeal, and to abide the further

Judgment of the Court at such Session, and to pay such Costs as 30 shall be by the last-mentioned Court awarded ; and it shall be lawful

for the Magistrate or Justices by whom such Conviction shall have been made to bind over any Party who shall have made Information against the Party convicted, and any Witnesses who shall have been

examined, in sufficient Recognizances to attend and be examined at 35 the hearing of such Appeal ; and every such Witness, on producing a

Certificate of being so bound under the Hand of the said Magistrate or Justices, shall be allowed Compensation for his or her Time, Trouble, and Expenses in attending the Appeal, which Compensation

shall be paid in the first instance by the Treasurer of the County or 40 Place in like Manner as in Cases of Misdemeanor under the Provi

sions of an Act passed in the Seventh Year of the Reign of King George the Fourth, intituled “ An Act for improving the Adminis- 7 & 8 G. 4. 852. A 3

tration c. 28.

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