Proceedings in lottery cases.

There are three different ways in which offenders against the Lottery Acts can be proceeded against:—

Indictment for a nuisance.

(1.) By indictment for a nuisance, the keeping of lotteries being declared to be a nuisance both by the Statutes of William IV. and 42 Geo. III., c. 119.

In Reg. v. Crawshaw[317] defendant was indicted under 10 & 11 William III., c. 17, section 1, and also under 42 Geo. III., c. 119, section 1, for a common nuisance in keeping a house lottery called a littlego. The evidence showed that the defendant advertised drawings and sold tickets for a lottery, in respect of which prizes were drawn and awarded to the winners. It was argued for the defendant that an indictment for a nuisance under section 1 of the Act would not lie, because by section 2 of both Acts, a specific penalty had been prescribed for setting up lotteries after the dates mentioned therein, whereby the remedy for a nuisance had been abrogated. But the Court held on the authority of Reg. v. Gregory[318] that whenever Parliament has declared an act to be a nuisance, the party may be indicted, and that this form of proceeding had not been abrogated by the provisions in section 2 of each of the Acts.

Penalty of £500. Jurisdiction of justices taken away.

(2.) By section 2 of 42 Geo. III., a penalty of £500 is imposed for keeping any office or place to exercise any kind of lottery.

By statute 27 Geo. III., c. 1, the jurisdiction of justices of the peace in the matter of lotteries was curtailed, but in the case of Reg. v. Liston[319] it was held that their jurisdiction was only taken away in the case of State lotteries.

But in Reg. v. Tuddenham,[320] it was held that whatever may have been the effect of 27 Geo. III., c. 1, on which Reg. v. Liston was decided, at any rate, |46 Geo. III., c. 48.| since 46 George III., c. 48, s. 59, all proceedings for the recovery of penalties under 42 George III., c. 119, must be taken in the name of the Attorney-General and not before magistrates, whether in the case of a State lottery or otherwise.

Newspaper proprietors.

By 8 and 9 Vict., c. 74, all proceedings against newspaper proprietors, &c., for publishing advertisements relating to lotteries, must also be taken in the name of the Attorney-General.

Rogue and vagabond.

(3.) The third alternative, which, perhaps, is the proceeding most likely to be adopted in ordinary cases as being the least cumbrous, is to prosecute the offender as a rogue and vagabond under 42 George III., c. 119, s. 2.

By the Summary Jurisdiction Act, 1879, it is within the discretion of magistrates to inflict a fine in lieu of imprisonment on persons convicted as rogues and vagabonds. In Taylor v. Smetten,[321] where the magistrates had convicted the defendant and fined him 20s., the Court intimated a doubt as to whether the conviction was properly made. “The form of the conviction is not before us. If the appellant was convicted as a rogue and vagabond, and the justices imposed a fine of 20s. in lieu of imprisonment, as they are entitled to do under 42 and 43 Vict., c. 49, s. 4, then we think the conviction was right. If, however, without convicting him as a rogue and vagabond, they simply convicted him of keeping a lottery, and fined him 20s. for so doing, under 42 George III., c. 119, s. 2, then we think the Statute 46 George III., c. 148, s. 59 (3), applies, and the conviction could not be upheld.” Reg. v. Tuddenham.

This proceeding, however could not be applicable as against the adventurers in a lottery: it is only available against persons setting up or keeping the lottery, employing others to do so, or aiding and abetting (42 Geo. III., c. 119, s. 4) others in doing so.

The powers conferred by section 4 on justices to grant warrants, etc., have already been set out.

Section 6. Offenders may be apprehended on the spot by any person and carried before a justice of the peace.

Art Unions

A special exception has been made by statute in favour of art unions, or associations formed for distributing works of art by lot, a method of proceeding which would be probably held to infringe the Lottery Acts were it not for the fact that they are legalised by 9 & 10 Vict., c. 48. This Act provides that all voluntary associations constituted for the distribution of works of art by lot are to be deemed lawful associations, and the members and subscribers freed from all penalties under the Lottery Acts. Provided that Royal Charter be first obtained for the incorporation of such association, and the instrument constituting such association, together with its rules and regulations, be approved by the Privy Council.

By 18 Geo. II., c. 34, s. 7, no privilege of Parliament can be pleaded to a charge of infringing the Lottery Acts.