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DECLARED ILLEGAL
Magistrate's Judgment On Dart Game
In the house.
common
July 29, 1939.
17
objects and suppress the same prac- However, as is pointed out in Hals- EXCITING NEW WAY
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tices as were aimed at by the Betting bury (Hailsham Edition, Vol. 16 Act 1863 and Cognate Acts directed p.520 note) the decision in Peers y against geming and wagering.
Caldwell has been afirmed more than once, and subsequently to Mackintosh & Granato. The former must there- fore be taken as the decision carrying most weight.
6.
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I therefore rule that I must be guided in my decision by the decided cases on Sec. 1 of the Betting Act. The next question for my decision is as to whether the game played in The section in Halsbury (soc.. 024 this Case WEB a game of skill or Vol. 18 p. 619) is quito plain and chance. I am satisfied on the states categorically that "A person evidence that the game of darts play- who invites other persons to resort ed here, was a game of skil; akin to for the purpose of playing at a game a coconut shy, and in this respect to a place kept or used by him, the differs markedly from the machine conditions being that the persons described in the cases to which my playing at the game, contribute some Written judgment concerning a gambling case in which the attention has been drawn, and to money or valuable thing by way of game of darts was said to have been played was delivered by Mr. which I have already referred, stake or entranco feo or subscription, In these latter cases, the "Clown and are in turn entitled to a prize in Q. A. A. Macfadyen at the Kowloon Magistracy yesterday.
Game" might sptly be described as a the event of success in the game, Mr. J. B. Prentis, Assistant Crown, the back of the room, opposite each game, of mixed chance and skill. uses the place for receiving money or Solicitor, prosecuted, and Mr. F. G. wing of the table, was a dart board! However, as I have said, the game other valuable thing as the considera- Nigel acted for three of the defen- | in. five colours, • .
of darts where, as in this case, tion for n promise to pay thereafter; dants, Ho Cheung, 43, Wal Ping, 20.
every man plays for himself; is,' in on a sporting contingency, the con- (3) That first and second defen-my opinion, a game of skill only. As tingency being success or failure in and Yu Lam, 10, who were charged
It is Immaterial that the with keeping
gaming dants sat one et each end of a wing of Gordon Hewart, K.C. pointed out in the game,
the table. In front of each of them Peers v Caldwell, it has not been game played may involve the exercise house.
u board with the, samė Four alhere, Yip Chung, 22, Ng was
Ave suggested that a coconut shy is within of skill. To use a pince for the pur-TATTOO) Luscious trans- Chi, 19, Lau Wal, 24, and Chan Lol, colours as on the dart boards. For the Betting Act, since the real con- pose of holding a whist drive, where 28, were accused of having played various sums-1-cent, 2-cents, alderation for player's money de-entranico money la charged and
cents and 10-cents persons who
skill. The fact that he may be per- kind (1)". Mr. Macfadyen found all the de- entered the room-at one time there the pleasure of exercising his prizes offered is an offence of this app that */ Apply
about 20-were entitled to mitted to keep one or more of the fendants guilty. After delivering the were
is a Judgment, his Worship pointed out corresponding counters, which were coconuts he may knock down that the present case differed from, handed to them by first or second secondary, or subsidiary considera- Tho counters svere tion. The shtib counsel also ro- one that was heard in the Central defendants. Magistracy. In the other case only placed on the boards in front of these ferred to the definition of a bet given one man threw the darts but in the defendants, on one of the five colours. by Hawkins J. in Cadil v Carbolic present one those participating had The purchaser was then given a dart Smoke Bali Co, 1829 2 Q.B. the the by first or second defendant. If the casence of which is that neither of their own chances to discard
the the parties to a wagering contract player succeeded in liting darts.
colour on the dart-board correspond- has any interest in the game or other Ing to the colour he had selected, he event, which is to decide the bet than won a prize (balls, talcum powder, the sum or stake he will win or lose. towels etc.), stated to be five times
Money Consideration free second Ridley J. & Avory J. In the same Mr. Prentis objected to the dis-ed the board, he had
(2) It, on the other hand, If he hit the board, but not his case, were obviously thinking along (s) (3) Ordinance, 2 of 1881. churke of the tour defendants shot.
he last the value of his the same Lines, le. as to what was although he agreed that Mr. Mae- colour. fadyen had the power to do it. He counter. Third defendant retrieved the real consideration for the money real consideration Is the winning of submitted that under the eircum- the darts. Fourth, fifth, sixth, and Paid by the players, merely the money or some valuable thing, even (in this case such place is opened or kept contrary or the prizes stances this type of case could not be seventh defendants were all success- chance given them of exercising their through the exercise of skill, then discharged as trivial. It fines were ful in winning prizes. During the skili, not imposed, the proper course would time the game was under observation, sweets), which might be obtained to the Betting Act and Gambling Or
large through the exercise of skill,
(3) That the 'contingency' is the be to have the defendants concerned there were a comparatively bound over.
as he success or failure of the player Induw number of unsuccessful shots by all Lash J. on the other hand, thought
along rather different lines, the players,
considered that the players regarded the game and is therefore a wager, the sweets merely as rewards for though not a bet In the ordinary their skill and had not played the sense, since one of the parties con- Applying these conclusions to the ing the sweets. In Peers & Brown same with the main object of secur- tributes to the. result of the event.
that the real) (vide supra.) the judgment delivered present case, I find by the Lord Chief Justice takes the consideration for the sums paid by matter a step further. For he looks fourth, nith, sixth and seventh de at the matter not only from the fendants was the winning of valui of prostat of energy for all the ordinary
able things (prizes of various kinds), through the exercise of their skill at the game of darts, such game beinglings, and a sight unscends the day the
wagering contract contrary to
Mr. Macfadyen then said that he would fine the first three men $5, but would discharge the other four, although the case had been proved agalpst them,
Mr. Macfadyen: I am quite pre- pared to bind them over if you think it will deter them from frequenting Euch places.
Mr. Macfadyen then remarked that binding the defendants over would nat Be much good because their Anger prints would not be taken by the police.
The four defendants were then bound over in $3 for a year and was told by Mr. Macfadyen that they must not frequent those places. As he had found stich proceedings un lawful he would bave to treat such cases more seriousty in the future, Facts Not Disputed The following is Mr. Macfadyen's full judgment:
The facts in this case are not seriously disputed. They are
(1) That at 2.30 p.m. on July 13 a visit was paid by police officers to the front room of the ground floor, of 195A. Reclamation Street.
(2) That at this address was an L-shaped table in the dourway.
At
the value of his counter. If he miss~ |
(4) Outside the room were flags advertising large prizes for successful pinyers. Inside were a number of posters, came of which were to the same effect,,
Exercise of Skill From the cases and authorities cited, I am therefore in a position to draw the following conclusions.
(1) If a place (e.g. a club) is open-
the playing of games, ed or kept in which, from the point of view of both player and keeper, the only consideration for any money paid by former, in the opportunity to the exercise his skill, then the place la not kept contrary to the Betting Act 1853 see, 1 or the Analogous acc. 2
dinance.
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ALBROKEN DOWN BYSTERS, This is a condition for disassa) to which may Gamakats given but few rusily understand, fà le simply wackness-a bensk dowa na ie weet, of the vital forces that sustalo iba system, a Ma Matter Whai may be its causes (they are simost numbriles), ku kymptoms are much tha anmaj the more prominen!" being siseplenaELS, SONG
The Worlaris, depremden w spirits and Kales of Rifa. How, what alone is essential le
such cases in lacreased vitality-vigour, win
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may be more certainly secured by a concus al THE NEW FRENOH REMEDY,
THERAPION No.3
tham by any other known somblaatios, Bo sandy
Ordinance Interpretation The first question in this case on which I have been asked to rule is point of view of the player, but also the applicability to the interpretation from the point of view of the keeper of Ordinance 2 of 1891,
the local of
the place, where the game is gambling Ordinance, of the cases played. He says.-"The test is what clied, Peers v Caldwell and Taylor is the intention of the person keeping acc. 2 (a) (3) Ordinance 2 of 2001, v Caldwell, 1010. I.K.B. and Peers the house; and if it can be establish- I also find that the place where the & Brown Vol. XII Criminal Appealed that he provided the machine game was played is a common gam- Reports, which were decided on the merely to afford to the players oppor- ing house under sec. 2 (a) (3) of theil à takes in unordance with the Felped Gaming Houses Act 1854 and the tunities of exercising their skill, there Ordinance and that first, second and were, all persons is no offence under the (Belting) third defendants Betting Act 1853.
As the local ordinance was a con- Act." Aliunde, If that is not the assisting in conducting the business refers of the place and are therefore solidaling ordinance and directed keeper's intention. He then
of the against wagering contracts in general, to Mackintosh and Granata, a Scottish "keepers" under sex. 2 (e) and as Sec. 2 (a) (3) of the Ordin-case, cited to me by Mr. Nigel, in Ordinance.
First, second and third defendanta ance has been taken practically word which a contrary view was taken- for word from the Betting Act 1853 presumably that the exercise of skill are therefore convicted on the first and the second charge bas Sec. 1, I am satisfied that the local ruled out the possibility of the stakes charge legislature was intending by the Or- being regarded as þela-and says that been proved against the fourth, alth,
that view. sixth, and seventh defendants." dinance,
could not accept accomplish the same he
to
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