Gaming and Betting at Fairs
| DOI | 10.1177/0032258X4702000207 |
| Author | F. Elmes |
| Published date | 01 April 1947 |
| Date | 01 April 1947 |
| Subject Matter | Article |
GAMING
AND
BETTING
AT
FAIRS
115
abortionist are in such a class, dangerous and noxious substances or
things.
The
section provides ample safeguards to protect the person who
holds such things for an innocuous purpose.
It
is for the person
applying for the warrant to satisfy the Justice that the necessary intent
is
present-an
intent to commit a felony against the Act.
The
midwife
who holds drugs, bark, douches, catheters, etc., for use in her pro-
fession is protected" in the same manner as the gunsmith who lawfully
holds stocks of gunpowder or other explosives.
Sections 64 and 65 are to be read together.
The
word " such "
appearing before Machine, Engine, Instrument or
Thing
in section 65
merely means such as are mentioned in section 64.
It
is quite clear
that if the Courts hold that it is a misdemeanour to possess abortion
instruments or things under section 64, search warrants can be issued
for such instruments and things under section 65.
It
might well be
that successful prosecutions have been taken in such cases under 64.
Such action would appear to be the exception rather than the rule.
This would probably be the most suitable course to pursue to test the
point.
If
in an abortion case a further charge was added under
section 64 for "possessing instruments with intent to commit the
felony of abortion," the Court of Criminal Appeal might, in due course,
decide the matter. Such a decision would determine whether search
warrants are available under section 65.
In
addition to strengthening
the arm of the Police in dealing with this dangerous crime which is so
very prevalent, a decision in the Courts would end the many parade-
room arguments. Direct action could,
but
it is improbable that it
would, be taken to decide the issue under section 65. On the refusal
of a Justice to issue a search warrant on suitable evidence being
put
before him, an application could be made to the High Court for an
order of mandamus.
Gaming
and Betting at Fairs
By
CHIEF
INSPECTOR F.
ELMES
Dorset
Constabulary
THE historical background of our gaming and betting laws is
extremely interesting and not a little instructive. Betting and
wagering are now unlawful
if
carried on under quite avariety of
circumstances, though originally were rarely so. Probably the most
ancient sanction against gambling is the common law on ' disorderly
houses
'-it
appears that persistent high wagering in a place provided
for the purpose has for many centuries been deemed likely to result
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