ships therein for a reasonable time to take in cargoes of coal. A erects staiths and spouts at which ships moored for the purpose can take in coal, but which prevent ships not lying at them from sailing over part of the waterway where they would otherwise be able to sail. The fact that the arrangement is on the whole convenient with regard to the public use of the river may be considered by the jury in deciding whether the staiths are a nuisance or not.

(4.) The non-repair of a public highway is a public nuisance.

(5.) 1A railway company makes a railway within five yards of an ancient public highway in such a manner that the locomotives frighten the horses of persons using the highway as a carriage road. The railway is made and the locomotives used under Acts of Parliament, which do not require the railroad company to screen the line from the road. This is not a public nuisance because the act done is warranted by law.

ARTICLE 177.

COMMON NUISANCE A MISDEMEANOR.

Every one who commits any common nuisance is guilty of a misdemeanor.

ARTICLE 178.

PUNISHMENT FOR KEEPING DISORDERLY HOUSES.

Every one who keeps a disorderly house commits a common nuisance, and is liable upon conviction thereof to be sentenced to hard labour.

Any person who appears, acts, or behaves as master or mistress, or as the person having the care, government, or

he approved of the doctrine which I understand to be laid down in it. The turning point of the case, as I understand it, is that the ships anchored under the spouts had a right to anchor there for a reasonable time to receive cargo, and that the spouts being recognized by statute could not be regarded as in themselves illegal. The question on which the judges differed was whether Bayley, J., had influenced the jury by referring to the collateral advantage of cheapening coal in the London market. The effect of time in legalizing a nuisance is somewhat similar. It has not in itself that effect, but the fact that a given state of things is of very long standing may be evidence that it is not in fact a nuisance : see cases in 1 Russ. Cr. 421 and 442. The view taken by the Criminal Law Commissioners is rather different, see 7th Rep. p. 59.

management of any disorderly house, is to be deemed and taken to be the keeper thereof, and is liable to be prosecuted and punished as such, although, in fact, he is not the real owner or keeper thereof.

'But the owner of a house, conducted as a disorderly house by a person to whom he lets it as a weekly tenant, is not the keeper of the house merely because he knows the use to which it is put, and does not give his tenant notice to quit.

ARTICLE 179.

DISORDERLY HOUSES.

The following houses are disorderly houses, that is to say, common bawdy houses, common gaming houses, common betting houses, disorderly places of entertainment.

ARTICLE 180.

COMMON BAWDY HOUSES.

2 A common bawdy house is a house or room, or set of rooms, in any house kept for purposes of prostitution. And it is immaterial whether indecent or disorderly conduct is or is not perceptible from the outside.

ARTICLE 181.

COMMON GAMING HOUSES.

A common gaming house is a house kept or used for playing therein at any game of chance, or any mixed game of chance and skill, in which

(i.) A bank is kept by one or more of the players, exclusively of the others; or

(ii.) In which any game is played the chances of which

1 R. v. Barrett, L. & C. 263, and see R. v. Stannard, L. & C. 349, where the

whole house was let in parts to different women as weekly tenants.

21 Russ. Cr. 443, see cases; R. v. Pierson, 2 Lord Raym. 1197; see also Chitty, and 3 Steph. Com. 353, n. Draft Code, s. 155.

3 R. v. Rice & Wilton, L. R. 1 C. C. R. 21.

4 See Note VI. in Appendix; 33 Hen. 8. c. 9, s. 11; 8 & 9 Vict. c, 109, s. 2. Draft Code, s. 156.

are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play or bet.

A common betting house is a house, office, room, or other place

(i.) Kept or used for the purpose of betting between persons resorting thereto and

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, any such person; or

2

Any person having the care or management, or in any manner conducting the business thereof; or

(ii.) Kept or used for the purpose of any money or valuable thing being received by or on behalf of on behalf of any such 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 other race, fight, game, sport, or exercise; or

as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency.

3 Every common betting house is deemed to be a common gaming house.

ARTICLE 183.

EVIDENCE THAT A HOUSE IS A COMMON GAMING HOUSE.

The following circumstances are evidence (until the contrary is proved) that a house, room, or place is a common gaming house, and that the persons found therein were unlawfully playing therein: that is to say,

1 16 & 17 Vict. c. 119, s. 1, preamble. Draft Code, s. 157.

2 "Any such person"=owner, occupier, keeper, or person using the same. 3 Sect. 2.

1

(i.) 1 Where any cards, dice, balls, counters, tables, or other instruments of gaming used in playing any unlawful game are found in any house, room, or place suspected to be used as a common gaming house, and entered under a warrant or order issued under 8 & 9 Vict. c. 109, or about the person of any of those found therein.

(ii) 2 Where any constable or officer authorized as aforesaid, to enter any house, room, or place, is wilfully prevented from, or obstructed, or delayed in entering the same or any part thereof, or where any external or internal door or means of access to any such house, room, or place so authorized to be entered is found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of delaying, preventing, or obstructing the entry into the house, or any part thereof, of any constable or officer authorized as aforesaid, or for giving alarm in case of such entry; or

If any such house, room, or place is found fitted or provided with any means or contrivance for unlawful gaming, or for concealing, removing, or destroying any instruments of gaming.

ARTICLE 184.

DISORDERLY PLACES OF ENTERTAINMENT.

The following places are disorderly places of entertainment, that is to say

(a.) 3 Every house, room, garden, or other place kept for public dancing, music, or other public entertainment of the like kind in the cities of London and Westminster, or within twenty miles thereof, without a licence granted in compliance with the provisions of 25 Geo. 2, c. 36.

4 This definition does not include the Theatres Royal in Drury Lane and Covent Garden, or the King's Theatre in the Haymarket, or any performance or public entertainment carried on under letters patent, or licence from the Crown or the Lord Chamberlain.

18 & 9 Vict. c. 109, s. 8.
2 17 & 18 Vict. c. 38, s. 2.

325 Geo. 2, c. 36, s. 2.
4 Ibid. s. 4.

1

(b.) Every house, room, or other place opened or used for public entertainment or amusement, or for publicly debating on any subject whatsoever upon any part of the Lord's Day, called Sunday, and to which persons are admitted by the payment of money, or by tickets sold for money.

The following places are deemed to be places to which persons are admitted by the payment of money, although money is not taken in the name of or for admittance, that is to say, any house, room, or place

(i.) 2At which persons are supplied with tea, coffee, or other refreshments of eating or drinking on the Lord's Day at any greater price than the common and usual prices at which the like refreshments are commonly sold upon other days thereat, or at places where the same usually are sold.

(ii.) Any house, room, or place opened or used for any of the purposes aforesaid at the expense of any number of subscribers or contributors to the carrying on any such entertainment, or amusement, or debate, on the Lord's Day, and to which persons are admitted by tickets to which the subscribers or contributors are entitled.

ARTICLE 185.

DISORDERLY INNS.

3 A disorderly inn is an inn kept in a disorderly manner and suffered to be resorted to by persons of bad character for any improper purpose.

Every person who keeps a disorderly inn, or who, being an innkeeper, refuses, without reasonable grounds, to entertain any person ready and willing to pay for entertainment therein, commits a misdemeanor.

1 21 Geo. 3, c. 49, s. 1.

2 Ibid. s. 2.

3 Precedent of indictment, 3 Chit. Crim. Law, 672-3. As to refusing entertainment see R. v. Rymer, 2 Q. B. D. 136.