Cox's Magistrates Cases Volume 13

Cox's Magistrates Cases Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...under the management of the committee; the committee elect the members; they have power to make bye-laws for its regulation; and, above all, they exercised an authority with refereference to this very game of baccarat to allow it to be played, or to suspend the game gending the proceedings before the magistrate. think there was abundance of evidence to warrant their conviction. And now, lastly, as to the players, Messrs. Fitch, N esbit, and Hayes, I do not find any evidence that they did more than play at baccarat in the house. By so doing it may be that they to some extent enhanced the profits of the house, but it does not show that they took any part in the care or management of it. A customer who buys an article at a shop might just as well be said to assist in conducting the business of the shop. The law does not make it an offence to add to the profits of a gaming establishment. It requires that there should be assistance in conducting the business. Whenever the Legislature has intended to impose a penalty upon a mere player at an unlawful me, there has been an express enactment to t t effect: (See 33 Hen. 8, c. 9, s. 12; 16 Car. 2, c. 7, s. 3; 9 Anne, c. 14, s. 5; 12 Geo. 2, c. 28, s. 3; 13 Geo. 2, c. 19, s. 9; 18 Geo. 2, c. 34, s. 2, &c.) It is not necessary for us to inquire whether for playing at such a game as baccarat a player is subject to any penalty. It is suflicieut for us to say that this conviction for assisting in conducting the business of the house cannot be sustained as against the mere players. In the course of the argument it was asked, what is the ma istratc to do with persons taken into custo y in a common gaming-house under the authority of 33 Hen. 8, c. 9, or 8 & 9 Vict. c. 109, ss. 3, 6? It is not...
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Product details

  • Paperback | 732 pages
  • 189 x 246 x 37mm | 1,284g
  • United States
  • English
  • black & white illustrations
  • 1236825926
  • 9781236825926