The Nelson Evening Mail. WEDNESDAY, NOVEMBER 12, 1879. GAMING AND LOTTERIES ACT.

Nelson Evening Mail, Volume XIV, Issue 259, 12 November 1879, Page 2

The Nelson Evening Mail. WEDNESDAY, NOVEMBER 12, 1879. GAMING AND LOTTERIES ACT.

Such is the short title of' a very stringent [measure " for the suppression, of gaming aud betting houses, add for the more effectual abolition of lotteries," which has been intro

duced iuto the Fouse of Representatives after passiug through the Legislative Onto cil. The interpretation clause defines the term " fr?.m:u£ house " as meaning a betting house, or any house, room, premises, or place where any lottery ia conducted, and " public place " as including any joad, street, footway, court, alley, open place or thoroughfare of any eort, and all places where the public may assemble, whether money be paid for admission or not. Clause 3 provides that any Justice of the Peace upon complaint being made to him upon oath that there is reason to suspect that any house is kept as a " gaming house," as defined above, may issue a warrant to a constable to enter,, by forre ?f necessary, to arrest and search all persons, and to seize all tables and instruments of gaming, and all moneys and securities for money found therein. The owner, keeper, or manager, is upon conviction to be liable to a penalty not exceeding £100, or a term ci imprisonment not over six month 9, and every person found on the premises to a penalty of not more than £5. It will not be necessary to prove that afy persdn found playing at tiif game wai playing for money, bat where any cards, dice, balls, counters, tables, or other instruments used in playing any unlawful game are found in any suspected house it shall be evidence until ihe contrary is proved that such house is used as a common gaming house, aud that the persons found In the foom or place were playing therein, although no play was actually going on when the constable entered, and the Justices niav direct all such tables aud instruments to be destroyed. The power given In the foregoing clauses to the police ia beyond all reason, and verges so nearly upon the tyrannical that we shall certainly be snrprisd if the Bill passes the Lower House without material modifications. Clause 8 provides that every person playing or betting in any M public place " at or with any table, coin, card, token, it other article used as an instrument of gaming; shall be liable to a penalty of not more than £50, or a term of imprisonment not exceeding three months. The Chinese game known as " Fan Tan " or any similar game is declared an unlawful game. No house, office, room, or other place shall be opened, kept, or used for the purpose of the owner, occupier, or keeper betting with persons resorting thereto ; or for the purpose of any money or valuable thing being received by or on behalf of such owner, Sec, as consideration for any undertaking or agreeing to pay any money or valuable thing on any event or contingency relating to any horse or other race, fight, game, sport, or exercise. Every house, room, office, or place so kept will be deemed a common gaming house, and any person offending in this direction will be liable to a penalty of not more than £100, or a term of imprisonment not exceeding six months. Any person advertising in any way whatever with the intent to induce persons to resort to any such house, office, or room for the purpose of making bets, or anyone inviting persona to resort to such places for such a purpose to be liable to a penalty of not more than £30. To many of our readers the following, having regard »o lotteries and sweepstakes, will be of Bpecial interest:— lt shati not be lawful for any person under any pretence whatever to sell or dispose of any land, ship, vessel, goods, wares, or merchandise of any kind whatever by lottery or chance, whether by the throwing of dice, or the drawing of tickets, cards, lots, numbers, or figures, or by means of any wheel or otherwise howsoever, aud any person infringing the Act in this direction will be liable to a penalty not exceeding £100. Any person establishing or being a partner in any such lottery, or disposing of any tickets in it, dr assisting in managing or conducting it will be liable to a penalty not exceeding £200, and for any second offence, in addition to the fine, to a term of imprisonment not longer than six month*. The next clause is devoted to " Sweepstakes " and as at the present season of the year when race meetings are being held all over the colony, these "sweeps" are usually pretty numerous, it may be as well to give the section, in full. It runs as follows :— " Every transaction wherein any money or valuable thing is received as or for the consideration for aay assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter to or among any person or persons, by lottery or chance, whether by the throwing or casting of any dice, or the drawing of any tickets, cards, lots, numbers, or figures, or by any wheel or otherwise howsoever, any money, or valuable thing on any event or contingency of or relating to any horse race, or other race, fight .game, sport, or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid, and every scheme of the nature commonly known as a sweepstake shall be deemed to be a lottery within the meaning of this Act, and the provisions of this Act shall apply ia respect thereto accordingly." From this it will be seen that the days of " sweeps " under any name whatever will be at an end from the date of this Act coming into force. Art Unions for the disposal of bomtfiiievotka of art are, after being submitted to, and approved by, the AttorneyGeneral to be exempt from the provisions of thi3 Act. Under the bead of "General Provisions " it is made lawful for the police to enter, whenever they think proper, any house, premises, or place where any public table or board is kept for playing at billiards, bagatelle, bowls, fives, rackets, quoits, skittlea, nine-pins, or any such game, and any persons obstructing them will render themselves liable to a fine of not more than £100. Any person found in a "gaming house " and refusing to give his name and address, or giving false ones, will be liable to a fine of not more than £50. Any owner or occupier of a bouse opening it for the purpose of unawf ul gaming, or permitting it to be used for such a purpose, or any person advancing or furnishing money for the purpose of gaming with persona frequenting such house, will be liable to a fine of not more thad£soGor a term of imprisonment not exceeding twelve months. Any persons found in any gaming house may required to give evidence on oath touching what thej^ may have seen in the house, and if they refuse are to be dealt with as though they refused to obey an ordinary summons or subpoena. Every person who by cheating at cards or any other game, or in betting, B hall win any money shall be deemed guilty of obtaining money under false pretences, and be punished accordingly. The Act ia not to extend to any person receiving or holding money by way of stakes or deposit to be paid to the winner of any race or lawful sport, game, or exercise, or to the owner of any horse engaged in any race.