Cheating at c. 109 s. 17.] Wagers not recoverable at law. c. 109 s. 18.] Feigned issues c. 109 s.19.] 7. Every person who shall by any fraud or unlawful device or illpractice in playing at or with cards dice tables or other game or in bearing a part in the stakes wagers or adventures or in betting on the sides or hands of them that do play or in wagering on the event of any game sport pastime or exercise win from any other person to himself or any other or others any sum of money or valuable thing shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence with intent to cheat or defraud such person of the same and being convicted thereof shall be punished accordingly. 8.* All contracts or agreements whether by parole or in writing by way of gaming or wagering shall be null and void and no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made Provided always that this enactment shall not be deemed to apply to any subscription or contribution or agreement to subscribe or contribute for or toward any plate prize or sum of money to be awarded to the winner or winners of any lawful game sport pastime or exercise. 9.¶ In every case where any court of law or equity may desire to have any question of fact decided by a jury it shall be lawful for such court to direct a writ of summons to be sued out by such person or persons as such court shall think ought to be plaintiff or plaintiffs against such person or persons as such court shall think ought to be defendant or defendants therein in the form set forth in the second schedule to this [Schedule B1.] Act annexed marked B1 with such alterations or additions as such court may think proper and thereupon all the proceedings shall go and be brought to a close in the same manner as is now practised in proceeding under a feigned issue. Cases not specifically provided for and recovery of penalties. Appeal given. 10. In every case in which any person shall in any respect offend against this Act or any provision therein (where no other penalty in that behalf is by this Act specifically imposed) such person shall for every such offence forfeit and pay on conviction a penalty or sum not exceeding twenty pounds and all offences against this Act not otherwise provided for may be heard and determined and every forfeiture or penalty in respect thereof be awarded and imposed by or before two justices or (where this Act so directs) by or before any one justice in a summary way in the manner prescribed by an Act of the said Governor and Legislative Council passed in the fifth year of the reign of His late Majesty King William the Fourth intituled "An Act to regulate Summary Proceedings before Justices of the Peace" or according to the law in force for the time being regulating summary proceedings before justices of the peace and any person feeling aggrieved by any summary judgment or conviction under this Act may appeal therefrom in the manner provided by the said Act or any other law in force for the time being in that behalf As to gaming securities, see The Mercantile Act of 1867" (31 Vic. No. 36), s. 43, title Mercantile. As to directing trials of feigned issues, see the " Supreme Court Act of 1867" (31 Vic. See "The Justices Act of 1886" (50 Vic. No. 17), title Justices. Provided always that in all cases in which any penalty or forfeiture hereby imposed is made recoverable before any justice or justices of the peace it shall and may be lawful for any justice to whom complaint shall be made of any offence against this Act to summon the party complained against before him or any other justice or justices and on such summons such justice or justices are hereby empowered to hear and determine the matter of such complaint in a summary way and on proof of the offence to convict the offender and to adjudge him to pay the penalty or forfeiture incurred and to proceed to recover the same although no information in writing shall have been exhibited or taken by or before such justice or justices and all such proceedings by summons without information shall be as good valid and effectual to all intents and purposes as if an information in writing had been exhibited and in all proceedings under this Act the informer or party prosecuting shall be deemed and taken to be a competent witness. information 11. Any justice or justices of the peace before whom any information Form of shall be laid in writing against any person or before whom any person and conviction. shall be convicted in respect of any offence against this Act may cause the information and conviction to be drawn up according to the forms respectively given in schedule C1 to this Act annexed or any other form [Schedule 01.] to the same effect as the case may require Provided always that this enactment shall not invalidate any information or conviction laid or drawn in any other form which may be specially suited to the case or may be provided by law and in every information in writing and in every conviction for any offence contrary to this Act it shall be sufficient if the offence shall be stated in the words thereof declaring the offence or attaching any penalty thereto. of fines. 12. All fines forfeitures and penalties imposed by this Act the Appropriation appropriation of which is not herein before provided for shall be paid one moiety to Her Majesty her heirs and successors for the public uses of the said colony and in support of the government thereof and shall be applied in such manner as may from time to time be directed by any Acts of the said Governor and Legislative Council and the other moiety to the use of the informer or party prosecuting who shall be entitled to his or her costs and charges over and above such fines forfeitures and penalties to be ascertained and assessed by the justice or justices before whom the case is heard. unlawful for want of fore [8&9 Vin c. 109 s. 21 13. When any distress shall be made for any money to be levied by Distress not virtue of the warrant of any justice or justices under this Act the distress shall not be deemed unlawful nor shall any party making the same be deemed a trespasser on account of any defect or want of form in the information summons warrant of apprehension conviction warrant of distress or other proceeding relating thereto nor shall such party be deemed a trespasser from the beginning on account of any irregularity which shall be afterwards committed by him but all such persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage by an action on the case in any of Her Majesty's courts of record. amends. 14. No plaintiff shall recover in any action for any irregularity Tender of trespass or other wrongful proceeding made or committed in the [8 & 9 Vic. execution of this Act or in under or by virtue of any authority hereby c. 109 s. 2 Limitation of actions. [8 & 9 Vic. c. 109 s. 23.] No certiorari. [8 & 9 Vic. c. 109 8. 25.] Section 15 of 8 adopted. given if tender of sufficient amends shall have been made by or on behalf of the party who shall have committed such irregularity trespass or other wrongful proceeding before such action brought and in case no tender shall have been made it shall be lawful for the defendant in any such action by leave of the court where such action shall depend at any time before issue joined to pay into court such sum of money as he shall think fit whereupon such proceeding order and adjudication shall be had and made in and by such court as in other actions where defendants are allowed to pay money into court. 15. No action suit or information or any other proceeding of what nature soever shall be brought against any person for anything done or omitted to be done in pursuance of this Act or in the execution of the authorities under this Act unless notice in writing shall be given by the party intending to prosecute such suit information or other proceeding to the intended defendant one calendar month at least before prosecuting the same nor unless such action suit information or other proceeding shall be brought or commenced within three calendar months next after the act or omission complained of or in case there shall be a continuation of damage then within three calendar months next after the doing such damage shall have ceased. 16. No information conviction warrant order or other proceeding before or by any justice or justices of the peace or on appeal therefrom for any offence under this Act shall be quashed or set aside or adjudged void or insufficient for want of form or be removed by certiorari or otherwise into Her Majesty's Supreme Court for the said colony. 17. And whereas a certain Act of Parliament was made and passed in and 9 Vic. c. 109 the eighth and ninth years of the reign of Her present Majesty Queen Victoria intituled "An Act to Amend the Law concerning Games and Wagers" and whereas it is desirable to adopt so much of the provisions of the said Act of Parliament as is hereinafter specially set forth Be it therefore declared and enacted that so much of the said recited Act of Parliament as is hereinafter specially set forth shall be and is hereby declared to be in force in the Colony of New South Wales* and shall be applied so far as the same can be applied in the administration of justice therein that is to say As to 16 Chas. 9 Anne o. 14. 5 & 6 Wm. IV. 0.41 so much of the said recited Act as enacts that an Act passed in the sixteenth year of the reign of King Charles the Second such Act being intituled "An Act against Deceitful Disorderly and Excessive Gaming" and so much of an Act passed in the ninth year of the reign of Queen Anne such Act being intituled "An Act for the better Preventing of Excessive and Deceitful Gaming" as was not altered by an Act passed in the sixth year of the reign of His late Majesty intituled “An Act to Amend the Law relating to Securities given for Considerations arising out of Gaming Usurious and certain other Illegal Transactions" and so much of an Act passed in the eighteenth year of the reign of King and part of 18 George the Second intituled "An Act to Explain Amend and Make more effectual the Laws in being to Prevent Excessive and Deceitful Gaming and to Restrain and Prevent the Excessive Increase of Horse Races" as relates to the first recited Act of Queen Anne or as renders any person liable to be indicted and punished for winning or losing at Geo. II. c. 34. Queensland" substituted, title Supreme Court. Supreme Court Act of 1867" (31 Vic. No. 23), s. 36, play or by betting at any one time the sum or value of ten pounds or within the space of twenty-four hours the sum or value of twenty pounds shall be repealed. Whereas it appears to me J.P. one of the justices of Our Lady the Queen assigned to keep the peace in and for the [here describe the local jurisdiction of the justice as the case may be] by the information on oath of A.B. of of in the Given under my hand and seal at Sydneyt this of the reign of J.P. (L.S.) in the [See section 1.] [8 & 9 Vic. c. 109 schedule 1.] B1. THE SECOND SCHEDULE TO WHICH THE FOREGOING ACT REFERS. In the Supreme Court of New South Wales+ [Or in any inferior court]. New South Wales+ to wit [or such other venue as may be directed]. Whereas A.B. affirms and C.D. denies [here state fully the fact or facts in issue] and the judges of the Supreme Court of New South Wales [or such other court, &c.] are desirous of ascertaining the truth by the verdict of a jury and both parties pray the same may be inquired of by the country. [See section 9.] [8 & 9 Vic. 2.] Be it remembered that Wales cometh on the Lord describe the offence]. Form of conviction. Be it remembered that on the in the year of our Lord is brought before me [or us] J.P. one [or more] of Her Majesty's justices assigned to keep the peace in and for the [here describe the local jurisdiction of the justice as the case may be] in the Colony of New South Wales‡ and is charged before me [or us] with having [here describe the offence) and it appearing to me [or us] that the said is guilty of the said offence I [or we] do therefore adjudge the said [here insert adjudication]. Given under my [or our] hand [or hands] the day and year first above written. * Temporary provision repealed, 8 Edw. VII. No. 18, s. 2, title Acts. +"Brisbane" substituted, Supreme Court Act of 1867" (31 Vic. No. 23), s. 36, title Supreme Court. "Queensland" substituted, "Supreme Court Act of 1867" (31 Vic. No. 23), s. 36, title Supreme Court. [See section 11.] THE SUPPRESSION OF GAMBLING ACT OF 1895. 59 Vio. No. 9. An Act for the Suppression of Gambling. THE SUPPRESSION OF GAMBLING ACT OF 1895. PART I.PRELIMINARY. Short title. Division. Time of coming into force. Interpretation. [ASSENTED TO 15TH OCTOBER, 1895.] BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: PART I.-PRELIMINARY. 1. This Act may be cited as "The Suppression of Gambling Act of 1895." It is divided into Parts as follows: 2.* PART I.-PRELIMINARY; PART II.-LOTTERIES; PART III.-BETTING HOUSES; PART IV.-RELATING TO INFANTS ; PART V.-GENERAL. 3. This Act shall come into force on the first day of January, one thousand eight hundred and ninety-six. 4. In this Act, unless the context otherwise indicates The term "Property" means any real or personal property whatsoever, whether situate or being within or without the Colony of Queens+ Semble, omit land, or †of any right thereto or share or interest therein. 66 of." PART II.- Unlawful to commence, be a partner in, &c., any lottery. Unlawful to any lottery. The term "Lottery" means any scheme or device for the sale, gift, disposal, or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of any dice or the drawing of any tickets, cards, lots, numbers or figures, or by means of any wheel or trained animal, or otherwise howsoever. The term "Place" means any house, office, room, tent, resort, or other place in or out of an enclosed building, vessel, or premises, whether upon land or water, whether private property or otherwise. PART II.-LOTTERIES. 5. It shall be unlawful to establish, commence, or be a partner in, or to manage or conduct, or assist in managing or conducting, any lottery. 6. It shall be unlawful to sell or dispose of or to endeavour to sell or sell tickets for dispose of any ticket or other means by which permission or authority is gained or given to any person to throw for, compete, or have any interest in any lottery. Unlawful to sell or dispose of, &c., any property by lottery. Sweeps, &c., unlawful. 7. It shall be unlawful to sell or dispose of, or endeavour to sell or dispose of, or agree or promise, whether with or without consideration, to sell or dispose of any property by lottery. 8. Every transaction wherein any money or other property is received as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay, give, or distribute thereafter to or among any person or persons by lottery any money or other property on any event or contingency whatsoever, or as or for the consideration Repealing section repealed, 8 Edw. VII. No. 18, s. 2, title Acts. |