It was left open whether a horse-race was a game of chance (but see post as to games of chance).
What is a public place?
An omnibus[[427]] is a public place at any rate for some purposes.
In Turnbull v. Appleton,[[428]] colliers and their families were allowed by a company to use a large field of 30 acres for recreation. Strangers were also allowed to go and play there. On one occasion defendant played pitch and toss in the field. Held that this field was a place to which the public had access.
It has lately been decided that a railway carriage is a public place while in the course of a journey.[[429]]
So, too, a race course. See Tollett v. Thomas (ubi sup.).
36 & 37 Vict., c. 94.
The Statute 36 & 37 Vict., c. 94, repeals the Act of 1868 and provides “that any 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 they have or are permitted to have access, at or with any table or instrument of gaming, or any coin, card, token or other article used as an instrument or means of such wagering or gaming, at any game or pretended game of chance, shall be deemed a rogue and vagabond” within the meaning of the Act of George IV., and punished under the provisions of that Act (i.e., three months’ imprisonment), or may be fined 40s. for a first offence and £5 for a subsequent offence.
It would seem that this statute is wide enough to take in a case like Doggett v. Catterns[[430]]—where it will be remembered a man had a table in Hyde Park for betting purposes.
Games of chance.