4. (1) Any person exercising the business of a bookmaker or betting agent by betting or offering to bet with other persons or inciting other persons to bet with him, or receiving money or other valuable thing as consideration for any bet, or paying or settling any bets in any street or other public place, or any place to which the public have unrestricted access, or any house licensed for the sale of intoxicating liquors, shall be guilty of a misdemeanour, and shall be liable, if convicted for the first offence, to a fine not exceeding ten pounds, and for the second offence to a fine not exceeding twenty pounds, and for any subsequent offence, if convicted on indictment, to a fine not exceeding fifty pounds or to imprisonment, with or without hard labour, for a term not exceeding six months, without the option of a fine, and, if convicted on a summary conviction, to a fine not exceeding thirty pounds or to imprisonment, with or without hard labour, for a term not exceeding three months, without the option of a fine: Provided always, that if a person be convicted under this section of betting with any person under the age of sixteen years or receiving money from or paying money to any such person or inciting any such person to bet with him he shall be liable for the first and every subsequent offence to the maximum penalty or imprisonment hereinbefore imposed for the third and subsequent offences.
(2) All books, cards, papers, and other articles connected with such betting as aforesaid shall be deemed to be instruments of gaming, and any person so offending as aforesaid shall be deemed to be a rogue and vagabond within the meaning of fifth George the Fourth, chapter eighty-three, and shall be subject to be arrested and searched in accordance with the provisions in that behalf therein contained.
(3) Any person who appears to the court to be under the age of sixteen years shall for the purpose of this section be deemed to be under that age unless the contrary be proved.
(4) For the purpose of this section, the word “street” shall have the same meaning as in the Public Health Act 1875.
5. The proprietors or persons having the control of any area within which sports are carried on may exhibit at the entrance or in some conspicuous place within the same, notices that betting is prohibited within the said area or some part thereof, and, in that case, any person who shall hold himself out as ready to bet with other persons, or incite other persons to bet with him, within the area where betting is so prohibited, shall be guilty of an offence under this Act, and shall be liable to the same penalties as he would have been under this Act if he had been convicted of betting in the street.
6. Any person who knowingly receives money from an infant as consideration for a bet to be made with him shall be guilty of an offence within section one of the Betting and Loans (Infants) Act 1892, and shall be liable to the penalties imposed by that section, and the other provisions of the said Act shall be applicable to him.
7. (1) The penalties imposed by this Act may be recovered by proceedings under the Summary Jurisdiction Acts, and, in Scotland, in the manner provided by section four of the Betting Act 1874, save where otherwise provided; and, in Scotland, “indictment” has the same meaning as in the Criminal Procedure (Scotland) Act 1887.
(2) The provisions as to arrest and search contained in Statute of fifth George the Fourth, chapter eighty-three, shall, by this Act, be applied to offences under sections four and five of this Act committed in Scotland.
8. In this Act—
The word “bookmaker” means a person exercising the business of betting with persons resorting to him for the purpose: