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Betting Acts.

The Betting House Act of 1853, 16 & 17 Vict. c. 119, prohibits any house, office, room, or other place being kept or used for the purpose of betting between persons resorting thereto, or for the purpose of any money or valuable thing being received by the owner, occupier, servant, or other person, on any event or contingency of or relating to any race, fight, game, sport, or exercise. Every house, office, &c., so used is declared to be a common nuisance (section 1).

Every house or place so used shall be deemed a common gaming house, and within the provisions of the Gaming Houses Act, 8 & 9 Vict. c. 109 (section 2).

Penalty for keeping or using a house or place for betting house, not exceeding 100l. and costs, or six months' imprisonment without option of fine (section 3).

Persons receiving deposits on bets in such houses incur a penalty of 501., or imprisonmeut for three months (section 4). Any money so deposited may be recovered by civil action (section 5).

The Act does not extend to persons holding any stakes or deposit to be paid to the winner of any race or lawful sport, game or exercise (section 6).

Exhibiting placards or hand-bills, or otherwise advertising betting houses, renders the offender liable to a penalty of 301., or imprisonment for two months (section 7).

SEARCH WARRANT.-Any justice on complaint on oath that there is reason to suspect any place to be used as a betting house may issue a warrant to any constable to enter with assistance, and, if necessary, with force, and arrest and search any person therein, and to seize all lists or other documents relating to racing or betting found therein (section 11).

[The warrant may authorize search of premises licensed under Intoxicating Liquors Act, and the powers of the police

are not restricted under the words of the section "all such persons found therein " to all such persons as are actually engaged in contravening the Act, or in aiding and abetting the contravention thereof.]

Search by metropolitan police.—The commissioner of metropolitan police may, on report of a superintendent that he believes on good grounds that any house, office, room or place within the metropolitan police district, is kept or used as a betting house or office, by order in writing authorize the superintendent and constables to enter any such place, and if necessary to force an entrance and evict all persons, and to seize all lists, cards, or other documents relating to racing or betting found in such house or premises (section 12).

OBSTRUCTION.-The fact that the entrance of a peace officer is obstructed or delayed, or that the place is found provided with means of gaming, or of concealing instruments of gaming, is evidence that the house is a common gaming house. Penalties are imposed for such obstructions, and for certain other offences (17 & 18 Vict. c. 38).

The Betting House Act of 1853 (referred to as the principal Act) was amended by the Betting Act of 1874 (37 Vict. c. 15), and both Acts shall be cited together as "The Betting Acts, 1853 and 1874."

ADVERTISING.-By section 3 of Act of 1874, it is enacted that where any letter, circular, telegram, placard, hand-bill, card or advertisement is sent, exhibited, or published

(1.) Whereby it is made to appear that any person will give information or advice with respect to any bet or wager, or will make on behalf of any other person any such bet or wager; or,

(2.) With intent to induce any person to apply to any such betting house, and for information or advice; or,

(3.) Inviting any person to make or take any share in or in connection with any such bet or wager.

The penalty shall be the same as provided in section 7 of the Betting Act, 1858.

"PLACES."-The following have been held "places" within the meaning of the Betting Acts :

A temporary structure on a racecourse (a), a large umbrella stuck in the ground (b), a detached box in a betting ring (c), an enclosed field for pigeon shooting (d), a garden where foot races were going on (e);

A railway carriage travelling on its journey has been held a place within the provisions of the Vagrant Act (f);

A tree in Hyde Park under which a person stood to bet (g), and a club whose members habitually bet (h) have been held not to be places under the Betting Acts.

Bicycles. See title HIGHWAYS, post.

Bigamy.

The statutory provisions relating to this offence are contained in section 57 of 24 & 25 Vict. c. 100-" Whosoever being married shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland, or elsewhere." Felony punishment, seven years' penal servitude or two years' imprisonment. (Not triable at sessions.)

(a) Shaw v. Morley, 37 L. J. M. C. 105.
(b) Bows v. Fenwick, 43 L. J. M. C. 107.
(c) Galloway v. Maries, 8 Q. B. D. 275.
(d) Eastwood v. Millar, 38 J. P. 376.

(e) Haigh v. Mayor of Sheffield, 31 L. T. (N.s.) 536.
(f) Langrish v. Archer, 10 Q. B. D. 44.
(g) Doggett v. Catterns, 34 L. J. C. P. 159.

(h) Oldham v. Ramsden, 32 L. T. 825.

The first wife is not a competent witness to prove any part of the case, either for or against her husband, but the second wife is.

Upon an indictment for bigamy, the prosecutor must prove (1) the two marriages, (2) the identity of the parties, (3) that the first wife (or husband) was alive at the time the second marriage was solemnized, (4) and if she has been absent for seven years, then that the prisoner knew that she was alive.

It has been recently settled that a bonâ fide belief by the prisoner at the time of the second marriage that her husband was then dead is no defence (i).

Upon the charge of bigamy, as a rule a warrant should be obtained before an arrest is made. See also BIGAMY, p. 60.

Billeting Soldiers.

Under the "Army Act, 1881" (44 & 45 Vict. c. 58), the constabulary are required to act as billet masters, when so called upon by the military authorities.

"Every constable for the time being in charge at any place in the United Kingdom mentioned in the route issued to the commanding officer of any portion of Her Majesty's regular forces, shall, on the demand of such commanding officer, or of an officer or soldier authorized by him, and on production of such route, billet on the occupier of victualling houses and other premises specified in this Act as victualling houses in that place, such number of officers, soldiers and horses entitled under this Act to be billeted as are mentioned in the route, and stated to require quarters" (section 103).

All officers and soldiers of Her Majesty's regular forces, all horses belonging to the regular forces, and officers' horses for which forage is drawn are entitled to billets (section 105);

(i) R. v. Gibbons, 12 Cox, 237; 37 J. P. 162.

and the provisions of the act regarding billeting apply to the auxiliary forces when subject to military law.

A person holding a military office or commission is not to be concerned as a justice or constable in billeting soldiers under his command (section 120).

Liability to billets.-The provisions of this part of this Act with respect to victualling houses shall extend to all inns, hotels, livery stables, or ale houses, also to the sellers of wine by retail, whether British or foreign, to be drunk in their own houses or places thereunto belonging, and to all houses of persons selling brandy, spirits, strong waters (a), cider or metheglin by retail, and the occupier of a victualling house, inn, hotel, or any such house as aforesaid shall be subject to billets under this Act, and is in this Act included under the expression "keeper of a victualling house," and the inn, hotel, house, stables, and premises of such occupier are in this Act included under the expression "victualling house;" but an officer or soldier shall not be billeted

(1) In any private house; (2) in any canteen; (3) nor on vintners of the city of London; (4) nor in house of distiller of brandy or strong water who does not permit tippling in such house; (5) nor in the house of any shopkeeper whose principal dealing is more in goods, &c., than in brandy and strong water, so as such shopkeeper does not permit tippling in such house; (6) nor in a house of a person licensed only to sell beer or cider not to be consumed on the premises; (7) nor in the house or residence of any foreign consul duly accredited as such (section 104).

Accommodation and payment, &c.-The victualler shall furnish lodging and attendance for the officer; lodging,

(a) This does not embrace beerhouses.

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