Odger's English Common Law

PUBLIC DECENCY. 247
success are not equally favourable to all the players, including
in the term players the one who keeps the bank. 1
A common betting house is a house, room or other place
kept or used for the purpose of betting or for the purpose of
paying money lost on bets. A betting house is deemed to
be a gaming house ; the police have the right of entry into
either.
Disorderly places of entertainment include all places within
twenty miles of London kept for public dancing, music or
other entertainment without a licence, all places opened and
used on Sundays for entertainments or debates, admission
to which places is obtained by the payment of money. 2
Again, publicly advertised lotteries have been declared
public nuisances by statute, 3 but are rarely punished on
indictment. A lottery has been defined as a distribution of
prizes by lot or chance irrespective of skill. 4
But if the
prizes are distributed after a competition for them, in which
skill plays some part (although a small one), this will not be
a lottery. 6
Frequenting any street for the purpose of betting is also a
public nuisance. 6
III. Nuisances to Public Rights of Pannage.
Any acts, which obstruct the rights of the public over
highways, bridges and public navigable rivers, or which
render the use of them by the public less commodious, are
public nuisances ;
this class of public nuisances requires more
detailed treatment, as it is of great general importance.
It is a misdemeanour at common law, punishable on
indictment or information with fine and imprisonment, for
any man to obstruct a highway ; for this is an injury to the*
community at large. Cutting a trench, or digging a ditch
1 Gaming Act, 1845 (8 & 9 Vict. c. 109) ; and see 16 &. 17 Vict. c. 119.
2 25 Geo II. c. 36 ; 38 Vict. c. 21 ; 57 & 58 Vict. c. 15.
» 10 Will. III. c. 23, s. 1 ; 42 Geo. III. c. 119, s. 1 ; 4 Geo. IV. c. 60, s. 41.
* R v. Harm (1866), 10 Cox, 352 ; Barclay v. Pearson, [1893] 2 Ch. 154.
« SioddaH v. Sugar, [1895] 2 Q. 1!. 474 ; Hall v. Cox, [1899] 1 Q. B. 198 ; R. v.
Stoddart, I 1901] 1 Q. B. 177.
« See 6 Eiw. VII. c. 43, 8. 1 ; Dunning v. Suietman (1909\ 100 L. T. 604 and sea
;
the provisions of 2 & 3 Vict. c. 47, s. 5), and 10 & 11 Vict. c. 89, s. 2S