AND SSSSSEast Coast News Letter. PUBLISHED EVERY EVENINC. Monday November 24, 1879.

Poverty Bay Herald, Volume VI, Issue 958, 24 November 1879, Page 2

AND SSSSSEast Coast News Letter. PUBLISHED EVERY EVENINC. Monday November 24, 1879.

Under the " Gaming and Lotteries Bill," which has passed the Legislative Council, and is now before the Assembly, people are to be made virtuous by Act of Parliament. If a man desire to 'invest five shillings or twenty, as the case may be, m the hope of winning a prize, should the Bill become law, will subject himself to a penalty of £200 for the first, and six months with or without hard labor for the second offence ! A man may gamble and ruin himself or others as much as he likes, m his own or his neighbour's house and he escapes ; but make it more public — make it an hotel or hall and the consequences will be penal. And all because a man chooses to risk a few shillings for the chance of winning a drawing-room suite, a gold watch and chain, or something else he may covet. A man may gamble m mining or other shares by which he perhaps impoverishes himself, or those he buys and sells with, and it is all quite legal. In the Bill before us the owner or occupier,and any persen assisting him m the business, of any house opened, kept, or used for betting purposes m any way, or under any pretext, are to be liable, on conviction, to a fine of not more than £100, or, m the discretion of the Court, may be committed to gaol with hard labor for any term not exceeding six months. Gaming with any kind of instruments — this, we may state, includes the popular amusement know as "Yankee grab " — renders any person implicated liable to a penalty of £50,0r imprisonment not exceeding three months. The Chinese game known as " fantan " is specially declared an illegal game, subjecting the promoters and players to the above penalties. The third, fourth, and fifth divisions of the bill have reference to " lotteries," " sweepstakes," and " art unions." It is not to be lawful to sell or dispose of any real or personal property

by means of " any game of chance or any other contrivance or device whatsoever" whereby such property shall be " sold or disposed of, or divided or allotted to or among any person or persons by lottery or chance." The penalty for establishing, commencing, or being " a partner m any lottery," or conducting, or assisting m conducting a lottery, is, for the first offence, a fine not exceeding £200 ; and for any second offence, besides such penalty, imprisonment not exceeding six months. '• Sweepstakes " are indeed very sweepingly dealth with, and we may take it for granted that when this bill gets upon the Statute-book, " consultations," great and small, will be things of the past. " Every transaction wherein any money or valuable thing is received as or for consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter to or among any person or pei'sons, by lottery or chance, whether by the throwing or casting of any dice, or by the drawing of any tickets cards, lots, number, or figures, or by means of 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 for the consideration of securing the paying or giving by some other person of any money or valuable thing m any such event or contingency as aforesaid ; and every scheme of the nature commonly known as a sweepstake shall deemed to be a lottery within the meaning of this Act, and the provisions of the Act shall apply m respect thereto accordingly." Every person who takes a ticket m the consulation will, as well as the promoter, be liable to L2OO | penalty, and if convicted a second time, six months' imprisonment ! " Art unions " are shortly defined as voluntary associations for the purchase of works of art, to be afterwards allotted and distributed by chance ; but all art unions must be constituted under a deed of partnership or other instrument, and the rules and regulations submitted to the Attorney-General. If this Bill does not encroach upon the liberty ofthe subject, we do not know what does. A man risking a guinea, which is his own, on a sweepstake, is, when convicted, liable to a penlty of £200, or suffer six months imprisonment. But if he steal a guinea he would not be nearly so severely dealt with. A tradesman wants to raise a sum of money — possibly to meet a bill — so he puts a number of articles of his trade into a lottery. He declaims the value of these. Publishes full particulars. Shows that everything is fair and above-board, but he must not do this. A man is willing to risk ten shillings for the chance of obtaining something which he has not the means to purchase ; but if he does this he will be mulcted m a penalty of £50. All this over-legislation is sheer nonsence, and we feel quite sure will not be allowed to override the common sense of our Parliament of representatives.

When Mr. Caleb Whitefoord came to Gisborne to sit as Resident Magistrate, it was understood that his appointment was only temporary. This was looked upon as a matter of regret by those who had known this gentleman m p.'aces where he had presided. Since Mr. Whitefoord's stay here he has given such general satisfaction not only by the impartiality of his decisions and his knowledge of the law, but by the pains he has taken and the patience he has shown m getting at the facts and equitiesofallcasesasthey have come before him. There is a desire and a strong one, among the members of the legal profession and of the community generally,that Mr. Whitefoord should remain permanently located m our midst. We hear that Mr. Whitefoord has been asked to retain his appointment for Gisborne, and we can only hope that the request will be favorably responded to. Since Mr. Whitefoord has been m Gisborne, as a Resident Magistrate he has given general satisfaction. W» are also glad to hear of his efforts as a private individual clothed with the functions of his judicial oflice, m bringing about a settlement of disputes between Maori and European.