THURSDAY, OCTOBER 6, 1881. THE GAMING AND LOTTERIES BILL.

Globe, Volume XXIII, Issue 2343, 6 October 1881, Page 3

THURSDAY, OCTOBER 6, 1881. THE GAMING AND LOTTERIES BILL.

As the Gaming and Lotteries Act comes ■ into force on the first of next month it may be well to direct public attention to the provisions of tho Statute. A considerable amount of attention was called to the subject at the time the Bill was being developed in its course through Parliament, and tho opinions that were then ventilated were, many of them, far from complimentary. All this, however, is now a thing of the past. The Act is part of tho law of the land, and it is not only our duty, but it is to our interest, fj ■ know how far the hand of justice can reach iu this instance. An eminent • divine has made the remark that without law there would ho no sin. This is evidently true, for against most sin there is an unwritten law which cannot ho defied. And further there are some sins that are created by the law, and when such is the case it is wise at once to find out what they are. In this connection, therefore, wo offer a short resume of tho Act we have been alluding to. The Act consists of forty-eight clauses, and is divided into sections treating of the following subjects : —Gaming houses, betting houses, lotteries, sweepstakes, art unions, and general provisions. With regard to gaming houses, it is • provided that, in default of other evidence showing the premises to be nsed for gaming purposes, "it shall be sufficient to ■ prove that the place is kept “ for playing therein at any unlawful game, or that a bank is kept there by one or more of the players exclusively of the others, or that the chances of any game played therein are not alike favorable 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. The owner or manager of any such house, together with the banker, croupier, or any such ■ other persons conducting the play, is liable to a penalty of not more than £IOO or six months’ imprisonment.” As to gaming outside such houses—“ Every person playing or betting by way of wagering or gaming, in any public place, at or with any table, instrument, or means of wagering or gaming, or any coin, card, token, or other article used as an instrument or means of such wagering or . gaming, at any game or pretended game . of chance, shall on conviction thereof ho liable to a penalty not exceeding £SO” or • imprisonment for three months. Fantan and pa-ka-po are let off cheaply, inasmuch as any person keeping a house where those interesting but obscure games are played, rank, not with the ' keepers, Ac., of gaming houses, but with the more erratic gentlemen who ply their trade in the open air. Treating of betting houses, we find that every house used for betting purposes is declared a common nuisance, and is to be treated as a common gaminghouse, and the owner or manager of the business shall be liable to the £IOO fine, or the six months’imprisonment. Again, ■ any owner, occupier, or person acting in bis behalf receiving deposits on bets, or any person giving any acknowledgments, notes, &c., purporting to entitle the bearer to receive consideration on the happening of any contingency, shall be liable to the £SO fine, or the three months’ imprisonment. These provisions appear to apply solely to transactions within betting houses.

Lotteries are almost destroyed root and stump. Any person selling or disposing of any property whatsoever by their means, is liable for every offence to a penalty not exceeding £IOO, while the individuals getting up the lottery are liable to be mulct to the tune of £2OO for the first offence aud for the second offence, besides such penalty, ho is liable to imprisonment for any term not exceeding six months. However, persons possessing works of art or literature, mineral specimens, or mechanical models, may dispose of them by raffie or chance, on obtaining a license from the Colonial Secretary. Associations for promoting agriculture or horticulture, or for improving the breed of poultry, may .get up lotteries for specimens hona fide shown in any show held under their auspices, and they may do this without license. Any sort of sweepstakes is treated exactly the same as a lottery, so that any sporting youth getting up a sweepstakes in a hat may apparently be run in to the tune of a couplo of hundred pounds for the first offence, and so on.

Art unions are defined to be voluntary associations for the purchase of paintings, drawings, sculpture or other works of art to be distributed by chance or otherwise among the members. If the instrument constituting such an association and its rules and regulations are approved of by the Attorney-General, and a copy thereof has been deposited in the Colonial Secretary’s office, then the association can dispose of its works as done by Art Unions. But whenever it shall appear that such an association has ceased to be an Art Union, the Governor-in-Oouncil is to annul the instrument of association.

The general provisions of the Act treat of the question of obstructing the police ; of the penalties to be enforced in case of giving false names or addresses by persons caught acting in contravention of the Act; of the penalties in cases where persons refuse to be sworn; of the freeing from all criminal prosecutions and penal actions, and from all penalties and punishments of such persons as, when examined as witnesses, make true and faithful discovery of what they may know about the matter under enquiry. There is an extremely vague clause against cheating at play, and there ia another against making wagers not recoverable at law, this latter, of course, not applying to winners in lawful sport. Clauses are added with regard to procedure under the Act and the right of appeal, and other matters too lengthy to mention in the scope of this article. The totalizator is allowed to be used on racecourses on application of Racing Clubs to the Colonial Secretary, but no more than three totalizators can be used by any club at one time, and none outside the race grounds within the management of the club. Finally, there is a clause rendering certain persona connected with gaming houses liable to a fine of £SOO or twelve months imprisonment. In what respect these persona differ from those, who, as have

soon above, are only liable to £IOO fines the Act does not show with sufficient clearness. The definition of either might apparently include the other. Tho fits hundred pounds sinners are prohab y meant to be the largo fry and principals, the one hundred pound sinners the small fry. The question is one in which the legal mind will revel, and by means of which money may possibly accrue to tho legal pocket. We have thought it well to call attention to tho provisions of tho Act, seeing that it comes so shortly into force. But more particularly have we done so in the interest of tho gooseberry-eyed, weak-kneed young man who, with glass in eye and ticket prominently displayed, is wont to delight in shaking tickets in his white hat. Tho fate of this innocent, unless properly warned, is terrible to contemplate. One false step in the accustomed direction, and he renders himself at once liable to a fine of two hundred pounds or to imprisonment for sis months.