THE GAMING ACT

Nelson Evening Mail, Volume XLVIII, Issue XLVIII, 10 March 1914, Page 2

THE GAMING ACT

(UnTTBTI Pbess Association.} NEW PLYMOUTH, March 9. . ] An unusual defence to charges under tie Gaming Act was advanced at the Magistrate's Court to-day by., counsel for "defendants. . Roy Jury and Thomas Hellier, both of Wa'itara, were" charged with having kept -a common gaming house, and with having accepted moneys for bets on tne" races. The cases were adjourned from. Waitara last week, jtvhen the evidence of a', constable- who had made bets with Hellier was taken. and race cards and betting books found on the premises of both accused wfero produced, subject to a-formal-, objection by counsel. To-day counsel for the defence urged that, the cards and books were inadmissible as evidence, as they were not • instruments of gaming -binder the Gaming Act, and, therefore, the police were nofcempowered to seize them under, their, warrant. The police, -were, he said, .empowered after the,arrest in all .cases to seize any incriminating documents, but in this, case the cards and- books were seized prior to the arrest.. He quoted cases to show that tb.e- definition of "instruments" in- the Gaming-.... Act did. not include cards and b00k5..., . r _ The police contended that, a "'.betting house was included under, the definition of gaming.. . The house.was,._ therefore, an instrument'-of- gaining, and in included in6truments. for bettingDecision was reserved. ""•'•