16 & 17 Vict., c. 119.
16 & 17 Vict., c. 119, after reciting that numerous establishments had been set up for betting houses and for taking money in advance on promises to pay on the events of horse-races. Section 1 enacts: “That no office, house, room, or other place shall be opened, kept, or used for the purpose of the owner, occupier, or keeper thereof, or any person using the same, or any person procured or employed by or acting for or on behalf of such owner, occupier, or keeper or person using the same, or if any person having the care or management or in any manner conducting the business thereof, betting with persons resorting thereto: or for the purpose of any money or valuable thing being received by or on behalf of such owner, occupier, keeper, or person as aforesaid 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 on any event or contingency of or relating to any horse-race or race, fight, game, sport, or exercise, or on the consideration for securing the payment or giving by some other person of any money or valuable thing on such events as aforesaid.” Every such house, &c., is declared to be a common nuisance.
Section 2. All such houses, &c., are declared common gaming houses within 8 & 9 Vict., c. 109.
Section 3. Any person who, being the owner or occupier of any office, house, room or other place, or a person using the same, shall open, keep or use the same for the purposes hereinbefore mentioned or either of them, or being the owner or occupier shall permit the same to be so used, and any person having the care or management of or in any manner assisting in conducting any such house or place kept for the purposes aforesaid, is liable to a penalty of £100 or six months’ imprisonment with or without hard labour.
Section 4. Receiving money on deposit for a bet.
By Section 4 any person being the owner or occupier of any office, house, room or place opened, kept or used for the purpose aforesaid or either of them, or any person acting on behalf of such owner or occupier, or any person having the care or management or in any manner assisting or conducting the business thereof, who shall receive directly or indirectly any money or valuable thing or 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 race, or any fight, game, sport, or exercise, or as the consideration for any agreement to give any money or valuable thing on such event, and any person giving any acknowledgment, note or security on the receipt of any such deposit is liable to a penalty of £50 or three months’ imprisonment.
By Section 5 any money or valuable thing received by any such person as aforesaid as a deposit in any bet or as or for the consideration for any such assurance, &c., as aforesaid, shall be deemed to have been received to and for the use of the person from whom the same was received, and such money or valuable thing or the value thereof may be recovered accordingly. See ante p. 65, where this section is fully considered.
Exception in favour of a prize to the winner of a race.
Section 6. Nothing in this Act is to extend to any person receiving any money or valuable thing by way of stakes or deposit to be paid to the winner of any race, sport or exercise, or to the owner of any horse engaged in any race—an exception which seems very analogous to the proviso of section 18 of 8 & 9 Vict., c. 109, exempting “contributions to a prize” from the general law with respect to wagers, which has been discussed above.
Betting houses.