2ND EDIT. REVISED STATUTES 1906 REMARKS In an English case, the defendants were charged with unlawfully using certain premises, occupied by a social club, for the purpose of betting therein with persons resorting thereto, and with keeping a common gaming house, the defendants being respectively the chairman and secretary of the club, and the betting being exclusively with other members of the club. It appeared that the varions members were not betting with one another indiscriminately, but were divided into two classes, the defendants being the bookmakers and the others going there to bet with them. On many occasions the defendants occupied the same places, sat at the same table, and used the tape list. Held that there was evidence to go to the jury in support of the charge. (30) Mere acquiescence by a director in prohibited acts of a corporation is not such a participation therein as will constitute him an aider or abetter, or make him criminally liable as a party for the illegal acts of the corporation. The lease by an incorporated jockey club of the betting privileges on the race tracks of the club with the knowledge and acquiescence of the Club's president in the making of the lease and in the use of the covered betting enclosure by bookmakers exercising its privileges, but without the president taking part otherwise in the betting or in the management of the enclosure, does not involve the club's president in criminal liability as the keeper of a common betting house under sections 197 and 198 (now sections 227 and 228) of the Code. (30a) Sec. 197. Sec. 227. Common Betting House defined. Unchanged. The exemption contained in sub section 2 of section 235, post, as to bets made on the race course of an incorporated association during a race meeting is not to be read into sections 227 and 228, as to the offence of keeping a common betting house. It is an offence to keep a common betting house whether or not it is kept on the race course of an incorporated association, and is operated only during the actual progress of a race meeting. (31) Sec. 198. Sec. 228. Punishment for keeping any disorderly house, that is, any common bawdy house, common gaming house or common betting house. Unchanged. Sec. 199. Sec. 229. Playing or looking on in gaming house. Unchanged. Sec. 200. Sec. 230. Obstructing peace officer entering gaming house. (30) R. v. Corrie, 68 J. P.. 294; 20 T. L. R., 365. Unchanged. (304) R. v. Hendrie, 10 Can. Cr. Cas., 298; 11 Ont. L. R., 202. (31) R. v. Hanrahan, 3 Ont. L. R., 659; 5 Can. Cr. Cas., 430. See also R. v. Saunders, 12 Ont. L. R., 615; Aff. by the Supreme Court, 27 C. L. T., 228. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 201. Sec. 231. Gaming in stocks or in merchandise. Sec. Sec. 232. Bucket shops. Unchanged. (32) Sec. 233. Frequenting Bucket shops, (places in which gaming in stocks is carried on). Every one is guilty of an indictable offence and liable to one year's imprisonment who habitually frequents any office or place wherein the making or signing or procuring to be made or signed, or the negociating or bargaining for the making or signing of such prohibited contracts of sale or purchase is carried on. Unchanged. (32a) It has been held, in Montreal, that a broker, who acts as such for two parties, one a buyer and the other a seller, without having any pecuniary interest in the transaction, beyond his fixed commission, and without any guilty knowledge on his part of the intention of the contracting parties to gamble in stocks or merchandise, is not liable to prosecution under section 201 (a) and (b) (now section 231a and b) of the Criminal Code of Canada, nor as accessory under section 61 (now sec. 69) of the Code. (32b). But it has since been held, in Ontario, that a person, who acts as agent for another in managing a branch office for gambling transactions within this section, (231 of the new Act) knowing that there was no intention of transferring any property or title to property, is liable to conviction as an accessory, although his sole interest in the transactions was in the commissions paid to him for effecting the same; and such agent is also liable under section 232 of the new Act, as the keeper of a common gaming house; and, upon a speedy trial, is liable to imprisonment for five years, under section 1052 of the Code. (33) It is open for the jury, or the judge trying the case without a jury, to find, notwithstanding the form of the papers, passed between the parties, that there was a secret understanding between them that there should be no delivery of the stocks or property, but payment of differences only. (34) (32) Except that sec. 201 of the old Act is made into two sections (231 and 232) of the new Act. (32a) Except by the insertion of the word “prohibited” before the word "contract." (326) R. v. Dowd, 4 Can. Cr. Cas.. 170. (33) R. v. Harkness, (No. 1), 10 Can. Cr. Cas., 193; Aff. in appeal, R. v. Harkness (No. 2), 10 Can. Cr. Cas., 199; 10 Ont. L. R., 555. (34) R. v. Harkness, (No. 2), 10 Can. Cr. Cas., 199. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. "(a) Sec. "(a) Sec. 203. Sec. 234. Gambling in public conveyances. Every one is guilty of an indictable offence, and liable to one year's imprisonment who, in any railway car or steamboat, used as a public conveyance for passengers, by means of any game of cards, dice or other instrument of gambling, or by any device of like character, obtains from any other person any money, chattel, valuable security or property; or Sec. "(b) Sec. 66 Sec. " 2 Sec. (b) attempts to commit such offence by actually engaging any person in any such game with intent to obtain money or other valuable thing from him. "2. Every conductor, master or superior officer in charge of and every clerk or employee when authorized by the conductor or superior officer in charge of any railway train or steamboat, station or landing place in or at which any such offence, as aforesaid, is committed or attempted, shall, with or without warrant, arrest any person whom he has good reason to believe to have committed or attempted to commit any such offence, and take him before a justice, and make complaint of such offence, on oath, in writing. 3 Sec. 3. Every conductor, master or superior officer in charge of any such railway car or steamboat, who makes default in the discharge of any such duty is liable, on summary conviction, to a penalty not exceeding one hundred dollars and not fess than twenty dollars. Sec. "4 Sec. 66 4. It shall be the duty of every person who owns or works any such railway car or steamboat to keep a copy of this section posted up in some conspicuous part of such railway car or steamboat. "5. Every person who makes default in the discharge of such duty is liable to a penalty not exceeding one hundred dollars, and not less than twenty dollars. Meaning Unchanged. (34a) (34a) Verbal changes noted in italics. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 204. Sec. 235. Betting and pool-selling. Sec. 6 Sec. Unchanged Unchanged. (34b) "6. Saving clause. This section does not apply to: (a) the division by lot or chance of any property by joint tenants or tenants in common or persons having joint interests (droits indivis) in any such property; or (b) raffles for prizes of small value at any bazaar held for any charitable or religious object, if permission to hold the same has been obtained from the city or other municipal council or from the mayor, reeve or other officer of the city, town or other municipality wherein such bazaar is held, and the articles raffled for thereat have first been offered for sale and none of them are of a value exceeding fifty dollars; (c) the Art Union of London, Great Britain, or the Art Union of Ireland. Provincial Legislatures have no power to authorize the running of lotteries. (35) Article 2920 of the Revised Statutes of Quebec, and the 53 Vic. c. 36, (Que.), in amendment thereof, made provision for the holding of certain bazaars and lotteries in aid of certain religious and charitable establishments. But it was held that this legislation was ultra vires the Quebec Legislature and an unconstitutional encroachment upon the powers of the Dominion Parliament, which alone has the power to legislate on the subject of lotteries; and the Quebec statutes have since been repealed by the 59 Vic., (Que.), c. 26. (36) Where a defendant placed in his shop window a sealed glass jar full of buttons of different sizes, and offered to give, to anyone who should guess the, nearest to the number of buttons contained in the jar, a pony and cart, the successful guesser being required to purchase goods of the defendant to a certain amount, it was held that as the approximation of the number of buttons depend (34b) Except subsection 6 here set out in full. Alteration italicized. (35) Brault v. St-Jean Baptiste Assoc. of Montreal, 4 Can. Cr. Cas., 284. (36) Pigeon v. Mainville. & Mainville v. Poitras, 17 L. N., 68. See R. v. Harper, Que. Off. Rep., 1 S. C., 327. 2ND EDIT. REVISED STATUTES 1906 REMARKS ed on the exercise of judgment, observation and mental effort, this was not a MODE OF CHANCE for disposing of property. (37) A sweepstake for money prizes in respect of winning horses in a steeplechase is, where the person suffering it to be drawn makes a profit, an unlawful lottery. (38) Where tickets for a drawing by lot are sold as part of a scheme for the disposal of goods and the holder of the winning ticket, by the conditions of the drawing, must shoot a turkey at fifty yards in five shots in order to win the prize, such a condition does not necessarily take the case out of the lottery sections of the Criminal Code. It is a question for the jury whether such condition was imposed as a contest of skill, or as a mere pretence in evasion of the lottery law. (39) A competition for a prize offered for the nearest estimates of the number of votes to be cast at a coming election and the sale of certificates of admission thereto in consideration of money paid or services performed is not a lottery under section 205 (now 236) of the Code. (40) The advertizing by a firm of shopkeepers in a newspaper of a prize to be awarded, free of cost, to the one of their customers who could make the nearest guess to the number of their cash sales on a given day is not a violation of the provisions of the Criminal. Code prohibiting lotteries. (41) Sec. 206. Sec. 237. Not burying the dead; offering indignity to dead body or human remains. Unchanged. VAGRANCY. Unchanged. (42) Sec. 207. Sec. 238. Vagrancy defined. Unchanged in effect. A summary conviction for being a loose idle person, or vagrant, without specifying in what the vagrancy consisted, is void for uncertainty. (43) To constitute a wilful refusal or neglect by a husband to maintain his wife, there must be an absence af any reasonable ground for believing the refusal or neglect to be lawful. A husband, who (37) R. v. Jamieson. 7 Ont. R., 149. (38) Hardwick v. Lane, [1904], 1 K. B., 204. (39) R. v. Johnson, 6 Can. Cr. Cas., 48. (40) R. v. Johnston, 7 Can. Cr. Cas.. 525. (41) R. v. Fish et al., 11 Can. Cr. Cas., 201. (42) Except that subsection 2 of the old section 207, defining "pub lic place." is made into subsection (c) of sec. 197 of the new Act. (See p. 38, ante). (43) R. v. McCormack, 7 Can. Cr. Cas., 135; R. v. Harkness, 12 C. C. C., 54. |