THE GAMING ACT.

Wairarapa Age, Volume XXX, Issue 8995, 4 December 1907, Page 6

THE GAMING ACT.

Below we give an epitome of the | provisions of the Gaming and Lotteries Act: — INTERPRETATION. In the interpretation clauses "bookmaker" means any person who acts or carries on business as a hookmaker or turf commission agent, or who gains or endeavours to gain his livelihood wholly or partly by betting or making wagers, and includes a bookmaker's clerk or agent. "Owner" of a house, office, room, or other place, or of any land or building, includes a lessee or sub- j lessee from whom a sublessee holds the same, and also includes every person who is entitled to the same for any estate of freehold in possess ion, whether legal or equitable, or is in actual receipt of or entitled to receive, or if the house, office, room, place, land, or building, were let to a tenant would be entitled to receive, the rents and profits of the same. BETTING WITH INFANTS. The penalty of £2O provided under the Act of 1894 for betting with an infant or inviting an infant to bet is amended by increasing the penalty to £IOO or three months' imprisonment or both. GAMING HOUSES. The owner or occupier of any house, room, office or place, who keeps or permits the same to be kept or used as a common gaining house, or any person assisting in the conduct of the business of such house is liable to a fine not exceeding £IOO or three months' imprisonment; and every person fcund in any common gaming house is liable to a fine of £5 unless he proves that he was there for some lawful purpose. Every game of chance is declared to be an unlawful game. Any club, other than a club holding charters under the Licensing Act, 1881, is, if it would otherwise be a common gaming house, included in the category of common gaming houses. Common gaming houses include premises kept for the purposes of lottery. On the affidavit of a superintendent .or inspector of police showing reasonable grounds for suspecting that any house, office, room or place, whether licensed or registered under any Act, is used as a common gaming house, or as an exit from any such house, the Supreme Court may declare the premises to be a common gaming house, and every such declaration is to remain in force until rescinded. It is also to be published in the Gazette and in a newspaper circulating in the neighbourhood, and a copy of a notice of the declaration is to be affixed to the premises. Removal or defacement of a notice of this kind involves a penalty of £IOO for three months' imprisonment. The owner may determine the tenancy of the occupier if the prdmises are declared to be a common gaming house. A declaration of the Supreme Court may be rescinded by the Court on application by a superintendent or inspector of police, or by the owner, on proof that the premises have not for one year previous been used as a gaming house, or that the person who was in occupation of the premise* at the time of the declaration is no longer in occupation thereof. After premises are under the ban of a "declaration" and until the declaration is removed, any person entering or leaving them may be arrested without warrant and taken before a magistrate, or two justices, and unless he proves lawful excuse or ignor- .. ance of the making of the declaration is liable to a fine of not lessjthan £5 or more than £IOO or imprisonment from seven-days to three months. If, after a declaration is made, and the ownar served with notice thereof, the premises are still used as a common gaming house, he is held amenable to the law, unless he proves that he has taken all reasonable means to evict the occupier, and is liable to be fined £IOO or sent' to prison for three months. The police are given power to enter any declared premises, and to break open any doors, windows or partitions, to seize any contents relating to betting, together with any money or securities for money found upon any person upon the premises and to arrest such persons. Giving warning of the approach of a constable is an offence punishable by a fine of not exceeding £IOO or three months' imprisonment. BETTING. Street betting relating to horse raoes or sports, whether held in New Zealand or elsewhere, is absolutely interdicted, and the penalty for a breach of the law is—for a first offence a fine of not less than £2O or more than £100; and for a,second offence imprisonment up to\ three months. Street is defined to mean—(a) Any public road, street, or thoroughfare, and any road, street, lane, footway, or passage, whether a thoroughfare or not, and whether public or not; and (b) any enclosed or unenclosed land (not being a building or a racecourse on which a race meeting is being held; in any city or borough. j Moneys received by any bookmaker or his agent or clerk from any person as the result of street betting may be recovered in any court of competent jurisdiction. Betting on sports grounds is an offence rendering the offender liable to a fine up to £2O, and he may be re-moved-from the grounds for the day. In this connection "ground" means any land, building, room or place whether public or private, to which any persons are admitted for the purpose of taking part in or witnessing any sports. "Spores" means bicycle races foot races, swimming races, cricket, football, boxing and bi'linrd matches, and any athleticgame or exercise. A penalty of £2O is imposed upon any person making a wager upon the premises of any registered factory. RACE MEETINGS. It is illegal for any officer, agent or servant of a racing club to accept or act on any telegraphic or telephonic request instructions or directions relating to investments on the tjtalisator whether received on a racecourse or elsewhere. The penalty f ra breach of this provision is not lens than £2O, and may be extended to £SO. No telegram relating to betting or tD investments shall be delivered at any racecourse. The publication in any newspaper ■or other document of an advertisement or notification as to betting on

any horse race to be run, whether in or out of New Zealand, or as to investments on the totalisator in respect of any such race, or which contains any information, advice or suggestion as to the probable result or such race, is an offence. The sale of public exhibition of any newspaper or document containing any advertisement or notification whereby it is made to appear that any person is willing to give information or advice as to the probable result of any horse race is an offence. In either case the offender is liable to a fine of not exceeding £2O. Further, any person who causes or attempts to cause any such advertisement or notification to l be inserted in a newspaper is liable to a similar penalty. A similar provision applies to ihe publicalion of dividends on the totalisator in respect of any horse race whether run in Mew Zealand or elsewhere, or as to starting prices, or any statement from which the amount of such dividend or starting price might be calculated; but "nothing in this section shall be construed to prevent the sale in New Zealand of any newspaper printed or published out of New Zealand." Advertisements or notifications of totalisator investments are permitted to be published on a racecourse by authority, and on behalf of any racing club lawfully authorised to use the totalisator. For the purposes of the Act a document is deemed to be publicly exhibited if it is openly exhibited within view of persons in any street or other public place, or in any shop, hotel or other place to which the public hss access, whether by right or otherwise. ! No officer of a racing Hub may permit the use on any racecourse of any totalisator for the purpose of making any bet, wager, or investment which depends on the result of more than one horse race. The penalty for breach of this provision is not less than .£2O or more than £s(h Investment on the totalisator is limited to the time notified by the club of the starting of such race; and it is unlawful for any officer, servant or member of a racing club to receive or permit to be receivedany investment on the totalisator elsewhere than at the totalisator itself. A breach of any of these provisions renders the offender liable to a penalty of £IOO. Racing clubs may regulate admission ro racecourses, and may include any specified class of persons either" absolutely or subject to such conditions as are prescribed in the regulations: This provision i 3 applicable to any racecourse notwithstanding the fact that it is or forms part of a reserve or other place in rescect of which there exists a right of "public use or entry. Any offender against any regulation may be removed from the course, and is liable to a fine of £2O. ' Racing clubs authorised to use the totalisator must, on the application of any person who is in the opinion of the committee or other managing body of a club a fit and proper person to be so licensed, grant a license to such person to enter on any racecourse used or occupied by such club, and there to carry on business as a bookmaker. The club is cmpowered to fix the period of the, license and to charge for the issue thereof any sum not exceeding £2O for every day of its currency. A bookmaker may not by himself or through any agent" bet on the result of any horse race after the notified time of starting of such race. The penalty for breach ol this provision is a fine not exceeding £IOO.