[kept or used for the purpose of unlawful gaming therein by any considerable number of persons. Gaming means playing at games either of chance, or of mixed chance and skill. Unlawful gaming means gaming carried on in such a manner, or for such a length of time or for such stakes (regard being had to the circumstances of the players) that it is likely to be injurious to the morals of those who game. All gaming is unlawful in which (i.) a bank is kept by one or more of the players, exclusively of the others; or (ii.) in which any game is played the chances of which are not alike favorable to all the players including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play or bet.] 1 ARTICLE 235. EVIDENCE THAT A HOUSE IS A COMMON GAMING HOUSE. The following circumstances are evidence (until the contrary is proved) that a house, room, or place is a common gaming house, and that the persons found therein were unlawfully playing therein: that is to say, 2 (i.) Where any cards, dice, balls, counters, tables, or other instruments of gaming used in playing any unlawful game are found in any house, room, or place suspected to be used as a common gaming house, and entered under a warrant or order issued under The Revised Statutes, chapter 158, or about the person of any of those found therein. 3 (ii.) Where any constable or officer, authorized as aforesaid to enter any house, room, or place, is wilfully prevented from, or obstructed, or delayed in entering the 1S. D. Art. 183. 2 R. S. C. c. 158, s. 4; 8 & 9 Vict. c. 109, s. S. same or any part thereof, or where any external or internal door or means of access to any such house, room, or place so authorized to be entered is found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of delaying, preventing, or obstructing the entry into the same, or any part thereof, of any constable or officer authorized as aforesaid, or for giving alarm in case of such entry; or (iii.) If any such house, room, or place is found fitted or provided with any means or contrivance for unlawful gaming, or for concealing, removing, or destroying any instruments of gaming. 1 ARTICLE 236. GAMING IN STOCKS AND MERCHANDISE. Every one is guilty of a misdemeanor and liable to five years' imprisonment and to a fine of five hundred dollars who, (a.) with the intent to make gain or profit by the rise or fall in price of any stock of any in corporated or unincorporated company or undertaking, either in Canada or elsewhere, or of any goods, wares or merchandise, (i.) without the bond fide intention of acquiring any such shares, goods, wares or merchandise, or of selling the same, as the case may be, makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of any such shares of stock, goods, wares or merchandise; or (ii) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of any such shares of stock, 151 Vict. (D.) c. 42, s. 1. Every office or place of business wherein is carried on the business of making or signing or procuring to be made or signed, or negotiating or bargaining for the making or signing of such contracts of sale or purchase as are prohibited in this Article, is a common gaming house, and every one who as principal or agent occupies, uses, manages or maintains the same is the keeper of a common gaming house; (51 Vict. (D) c. 42, s. 3.) goods, wares or merchandise, in respect of which no delivery of the thing sold or purchased is made or received, and without the bond fide intention to make or receive such delivery; or (b.) acts, aids, or abets in the making or signing of any such contract or agreement. But it is not an offence if the broker of the purchaser receives delivery, on his behalf, of the article sold, notwithstanding that such broker retains or pledges the same as security for the advance of the purchase money or any part thereof. ARTICLE 237. HABITUALLY FREQUENTING PLACES WHERE GAMING IN STOCKS IS CARRIED ON. 1 Every one is guilty of a misdemeanor 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 negotiating or bargaining for the making or signing, of such contracts of sale or purchase as are mentioned in the Article next preceding is carried on. 2 ARTICLE 238. PLAYING OR LOOKING ON IN GAMING HOUSE. Every one who plays or looks on while any other person is playing in a common gaming house is guilty of a misdemeanor, and liable, on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars and not less than twenty dollars, and, in default of payment, to imprisonment for a term not exceeding two months. 151 Vict. (D.) c. 42, s. 1 (2). 2 R. S. C. c. 158 s. 6. This Article does not apply to persons who are in an office or place of business wherein the making of such contracts as are mentioned in Article 236 is carried on; R. v. Murphy, 17 O. R. 201. N ARTICLE 239. OBSTRUCTING PEACE OFFICERS ENTERING A GAMING HOUSE. 1 Every one who (a.) wilfully prevents any constable or other officer, authorized under The Revised Statutes, chapter 158, to enter any house, room or place, from entering the same or any part thereof; or (b.) obstructs or delays any such constable or officer in so entering; or (c.) by any bolt, chain or other contrivance, secures any external or internal door of, or means of access to, any house, room or place so authorized to be entered; or (d.) uses any means or contrivance whatsoever for the purpose of preventing, obstructing or delaying the entry of any constable or officer, authorized as aforesaid, into any such house, room or place, or any part thereof, Is guilty of a misdemeanor, and liable, on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars, with costs, and to imprisonment with or without hard labor for any term not exceeding six months. ARTICLE 240. GAMBLING IN PUBLIC CONVEYANCES. 3 2 Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than one year, who (a.) 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 1 R. S. C. c. 158, s. 7; 17 & 18 Vict. c. 38, s. 1. 2 R. S. C. c. 10, ss. 1, 2, 3, 6. 3 The misdemeanor of obtaining the same by false pretences (s. 1). (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. 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, must, with or without warrant, arrest any person whom he has good reason to believe to have committed or attempted to commit the same, and take him before a justice of the peace, and make complaint of such offence on oath, in writing. 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 less than twenty dollars. Every company or person who owns or works any such railway car or steamboat, must keep a copy of chapter 160 of The Revised Statutes posted up in some conspicuous part of such railway car or steamboat. Every company or 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. 1 ARTICLE 241. BETTING AND POOL SELLING. 2 Every one is guilty of a misdemeanor, and liable to a fine not exceeding one thousand dollars and to one year's imprisonment, who (a.) uses or knowingly allows any part of any premises under his control to be used for the purpose of recording or registering any bet or wager, or selling any pool; or 1S. D. Art. 182. See Appendix, Note VI. 2 R. S. C. c. 159, s. 9; 16 & 17 Vict. c. 119, ss. 1, 4, 6. |