After reciting the powers given to justices out of the Metropolis, and to the Commissioners of Police within the Metropolitan District by 8 & 9 Vict., c. 109, and reciting that keepers of gaming houses contrive by fortifying the entrances to keep officers out of the houses until the instruments of gaming have been removed, provides:—
Section 1, that any person who shall obstruct any officer authorised by the Act 8 & 9 Vict., c. 109, to enter a gaming house, or who, by any bolt, bar, or chain, or other contrivance shall secure any external door or internal door of, or means of access to any house, room or place, so authorised to be entered, or shall by any other contrivance obstruct the entry authorised as aforesaid to, of any constable or officer, shall be liable to a penalty of £100, or in the discretion of the Court to be imprisoned with or without hard labour for six months.
Section 3 imposes a penalty of £50 or three months’ imprisonment, on any person found in gaming houses by officers entering as aforesaid, and refusing to give his name and address, or giving a false name and address.
Section 4. Any person being the owner or occupier of any house, room, or place, or having the use of the same, who shall open, keep or use the same for the purpose of unlawful gaming being carried on therein; and any person being the owner or occupier of any house or room, shall knowingly and wilfully permit the same to be opened, kept, or used by any other person for the purpose aforesaid, and any person having the care or management of, or in any manner assisting in conducting the business of any house, room or place kept or used for the purposes aforesaid, and any person who shall advance or furnish money for the purpose of gaming with persons resorting thereto, is liable to a penalty of £500 or twelve months’ imprisonment.
The following is a summary of the different offences respecting Gaming Homes:—
Offences under the Gaming House Acts.
(1.) Being the owner or keeper of a common gaming house or permitting a house to be so used.
(2.) Having the care or management or conducting the business of the same as to what comes under this provision.
Section 4 of the earlier Act expressly mentions the banker or croupier of such a house. It is presumed that the decision in Rex v. Cook,[[327]] which arose under the Betting House Act (see post), would apply to this section, viz., that the law only extends to persons taking a share in the illegal part of the business.
In Turpin v. Jenks the committee in whom, by the Rules of the Club, the management of the club was vested, were held liable as managers.