Poteete v. The State

Poteete v. The State. Indictment for Renting or Allowi/ng Room to be used for Gaming Pxtrposes. 1. Allowing room to he used for gaming purposes; who is “ owner or proprietor.” — -Under the statute which makes it a penal offense for any person, “being the owner or proprietor of airy house,' room,” &e., to rent or lease the same for gaming purposes, or knowingly to permit the same to be used for any such purpose (Code, § 4214), a conviction may be had against a person who has possession as a tenant or lessee. Prom the County Court of Madison. Tried before the Hon. William RiohaRdsoN. IT. C. TompiciNS, Attorney-General, for the State, cited Pierce v. Qoncord Railroad Go., 51 N. IT. 590'; Hall v. Brown, 54 N. H. 495 ; Lister v. Lobley, 6 Nev. & Man. 340. [MAJORITY — SOMERVILLE, J.] SOMERVILLE, J. The defendant is indicted, under section 4214 of the Code (1876), for knowingly permitting a room, which he had leased as tenant of one Steele, to be used for gaming purposes. The question is, whether, being a 'fuere lessee, he may be regarded as “ the owner or proprietor” of such room, within the meaning of the statute. We are clearly of the opinion that he can be. The words “ owner or proprietor” have no technical, legal signification, but are merely words of common parlance. They include any one having a beneficial interest, whether such interest be entire or partial. As said by Lord DicNMAN, C. J., in Lister v. Lobley, 6 Nev. & Man. 342, “ the owner of the fee, and the owner of a term in the land, are each of them am owner of. the land.” The word “ proprietor ” is of larger signification than “ owner,” and was evidently added so as to embrace any one in control, receiving beneficial returns from the class of tenements described in the statute. The two words, “ owner or proprietor,” have been frequently-decided to include a lessee or tenant, in construing various statutes in which they occur.—Lister v. Lobley, 6 Nev. & Man. 342; Ib., 7 Adol. & El. 124; Hall v. Brown, 54 N. H. 495; Pierce v. Concord Railroad, 51 N. H. 590. The defendant was properly convicted under the rulings of the court, and the judgment is affirmed.