(b.) keeps, exhibits, or employs, or knowingly allows to be kept, exhibited or employed, in any part of any premises under his control, any device or apparatus, for the purpose of recording or registering any bet or wager or selling any pool; or

(c.) becomes the custodian or depositary of any money, property, or valuable thing staked, wagered or pledged;

or,

(d.) records or registers any bet or wager, or sells any pool,

upon the result of any political or municipal election, or of any race, or of any contest or trial of skill or endurance of man or beast.

Nothing herein applies to any person by reason of his becoming the custodian' or depositary of any money, property or valuable thing staked, to be paid to the winner of any lawful race, sport, game or exercise, or to the owner of any horse engaged in any lawful race, or to bets between individuals.

2 ARTICLE 242.

DISORDERLY PLACES OF ENTERTAINMENT.

3 In Ontario, British Columbia, Manitoba and the North-West Territories [the following places are disorderly places of entertainment, that is to say

3 Every house, room, or other place opened or used for public entertainment or amusement, or for public debating on any subject whatsoever upon any part of the Lord's Day called Sunday, and to which persons are

1 The Act does not apply to the custodian of money staked by two persons upon a bet between themselves on the result of a boat race; R. v. Dillon, 10 Ont. P. R. 352. A trotting match for fifty pounds between two horses driven in harness in sleighs on the ice is a legal horse race within 13 Geo. 2, c. 19, and 18 Geo. 2, c. 34; Fulton v. James, 5 U. C. C. P. 182. 2 S. D. Art. 184.

3

3 [21 Geo. 3, c. 49, s. 1.] R. v. Barnes, 45 U. C. Q. B. 276, in which a conviction under this statute for keeping a disorderly house, known as the Royal Opera House, opened and used for public entertainment and amusement on the Lord's Day, was sustained.

[admitted by the payment of money, or by tickets sold for money.

The following places are deemed to be places to which persons are admitted by the payment of money, although money is not taken in the name of or for admittance, that is to say, any house, room, or place

1

(i) at which persons are supplied with tea, coffee, or other refreshments of eating or drinking on the Lord's Day at any greater price than the common and usual prices at which the like refreshments are commonly sold upon other days thereat, or at places where the same usually are sold;

(ii) any house, room, or place opened or used for any of the purposes aforesaid at the expense of any number of subscribers or contributors to the carrying on of any such entertainment, or amusement, or debate, on the Lord's Day, and to which persons are admitted by tickets to which the subscribers or contributors are entitled.

2 ARTICLE 243.

DISORDERLY INNS.

3 A disorderly inn is an inn kept in a disorderly manner and suffered to be resorted to by persons of bad character for any improper purpose.

Every person who keeps a disorderly inn, or who, being an innkeeper, refuses, without reasonable grounds, to entertain any person ready and willing to pay for entertainment therein, commits a misdemeanor.]

5

4 ARTICLE 244.

LOTTERIES.

Every one is guilty of a misdemeanor and liable on summary conviction to a penalty of twenty dollars who,

1 21 Geo. 3 c. 49 s. 2.

2 S. D. Art. 185.

3 Precedent of indictment, 3 Chit. Crim. Law, 672-3. As to refusing entertainment, see R. v. Rymer, L. R. 2 Q. B. D. 136.

+ S. D. Art. 186.

5 [10 Will. 3, c. 23, s. 1; 42 Geo. 3, c. 119, s. 2. And see R. v. Crawshaw, Bell, C. C. 303.]

1

'(a.) makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan, for advancing, lending, giving, selling or in any way disposing of any property, by lots, cards, tickets, or any mode of chance whatso

ever. ; or

(b.) sells, barters, exchanges or otherwise disposes of or causes or procures, or aids or assists in the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device, for advancing, lending, giving, selling or otherwise disposing of any property, by lots, tickets or any mode of chance whatsoever; or

2

(c.) buys, barters, exchanges, takes or receives any such lot, card, ticket, or other device.

3 Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance whatsoever, depending upon or to be determined by chance or lot, is void, and all such property so sold, lent, given, bartered or exchanged, is liable to be forfeited to any person who sues for the same by action or information in any court of competent jurisdiction.

4

* No such forfeiture shall affect any right or title to such property acquired by any bona fide purchaser for valuable consideration, without notice.

5 This article applies to the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or plan of any foreign lottery, and to

1 R. S. C. c. 159, s. 2; 8 Geo. 1, c. 2, s. 36; 6 & 7 Will. 4, c. 66. The disposition of property by a plan involving the exercise of judgment and skill, and not by lot, card, ticket or chance, is not within the prohibition; R. v. Dodds, 4 O. R. 390; R. v. Jamieson, 7 O. R. 149.

2 R. S. C. c. 159, s. 3; 8 Geo. 1, c. 2, s. 37; 12 Geo. 2, c. 28. s. 3.

3 R. S. C. c. 159, s. 4; 12 Geo. 2 c. 28, s. 4. Power v. Caniff, 18 U. C. Q. B. 403; Cronyn v. Widder, 16 U. C. Q. B. 356; Corby v. McDaniel, 16 U. C. Q. B. 378; Marshall v. Platt, 8 U. C. C. P. 189; Loyd v. Clark, 11 U. C. C. P. 248; Clarke v. Donelly, 1 Ont. Dig. 1620; see also La Société &c. St. Louis v. Villeneuve, 21 L. C. J. 309.

4 R. S. C. c. 159, s. 5.

R. S. C. c. 159, s. 6; 9 Geo. 1 c. 19, s. 4; 6 Geo. 2 c. 35, s. 29; 6 & 7 Will. 4 c. 66.

the sale, or offer for sale, of any ticket, chance or share, in any such lottery, or to the advertisement for sale of such ticket, chance or share.

1

This article 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;

2

(b.) raffles for prizes of small value, at any bazaar held for any charitable object, if permission to hold the same has been obtained from the city or other municipal council, or from the mayor, reeve or other chief officer of the city, town or other municipality, wherein such bazaar is held, and the articles raffled for have thereat first been offered for sale, and none of them are of a value exceeding fifty dollars;

(c.) any distribution by lot, among the members or ticket holders of any incorporated society established for the encouragement of art, of any paintings, drawings or other work of art, produced by the labor of the members of, or published by or under the direction of, such incorporated society.

3 The expression "property" in this article includes every description of money, chattel and valuable security, and every kind of personal property and every description of land, and all estates and interests therein.

5

1 ARTICLE 245.

NUISANCES TO HEALTH, LIFE, AND PROPERTY.

[Every person commits a common nuisance who does anything which endangers the health, life, or property of the public or any part of it.

1 R. S. C. c. 159, s. 7; 12 Geo. 2, c. 28, s. 11.

2 R. S. C. c. 159, s. 8.

3 R. S. C. c. 159, s. 1.

*S. D. Art. 187. See chapter 51 as to the adulteration of food, &c.

[See cases in Illustrations. The offences of being a common scold and of eavesdropping would fall under this head, but they may be regarded as practically obsolete.]

'[Publicly and wilfully exposing or causing to be exposed for sale articles of food unfit for consumption, and knowingly permitting servants to mix unwholesome ingredients in articles of food, are acts endangering the health or life of the public within the meaning of this Article.

2

Everything is deemed to endanger health, life, or property, which either causes actual danger thereto, or which must do so in the absence of a degree of prudence and care the continual exercise of which cannot be reasonably expected.

3

Illustrations.

(1.) A carries a child infected with the small-pox along a public high way in which persons are passing, and near to inhabited houses. A commits a common nuisance.

(2.) A permits his house standing by the highway to become so ruinous as to be likely to fall down, and to injure passengers. A commits a common nuisance.

(3.) 3 A burns down his own house, it being in a situation which makes such burning dangerous to others. A commits a common nuisance.

(4.) 6 A, a baker, under a contract to supply children at a military asylum with bread, delivers loaves into which his servant, to his knowledge, has introduced alum. A commits a common nuisance.

(5.) A keeps in a warehouse in the city of London large quantities of a mixture of spirits of wine and wood naphtha, forming a substance more inflammable than gunpowder, and of such a nature that a fire lighted by it would be practically unquenchable. A commits a common nuisance, although he uses the most scrupulous care to avoid accidents.

1 [Draft Code, s. 153.

2 Illustration (5).

3 R. v. Vantandillo, 4 M. & S. 73. So of bringing a glandered horse to a fair; R. v. Henson, Dear. 24. An infected person exposing himself would commit the same offence. 4 R. v. Watson, 2 Ld. Raym. 856.

5 R. v. Proberts, 2 East P. C. 1030. If there were an intent to injure or defraud, this would be felony. See Article 562 (c).

6 R. v. Dixon, 3 M. & S. 11. See, too, R. v. Crawley, 3 F. & F. 109; R. v. Jarvis, 3 F. & F. 108.

7 Lister's Case, 1 D. & B. C. C. 209.] See to same effect in respect of gunpowder, R. v. Dunlop, 11 L. C. J. 186, and in respect of dynamite R. v. Holmes, 5 R. & G. 498.