(3.) This repeal shall not revive any enactment, right, office, privilege, matter or thing not in force or existing at the passing of this Act.

An Act to consolidate and amend the Act of this Island relating to Gaming.

BE it enacted by the Governor, Council, and Assembly of this Island, and by the authority of the same, as follows;

Short title.

1. This Act may be cited as "The Gaming Act, 1891."

Gambling in public places.

2. If any persons are found gambling at any hazard, or cock-fighting, in any of the

Persons found gambling in any streets, lanes, or alleys of any of the towns street, &c.. liable or villages of this Island, or on any road or to a penalty. wharf, or in any boat in any of the bays, creeks or landing places of this Island, such persons shall on conviction thereof before any police magistrate be liable to a penalty not exceeding one pound each, together with the costs attending the trial, and in case the penalty and costs be not forthwith paid, the offender shall by warrant under the hand of such police magistrate, be commit ted to prison, and kept to hard labour for any time not exceeding ten days, unless the penalty and costs be sooner paid. And it shall Such person may and may be lawful for any police officer or be apprehended constable to apprehend without a warrant without warrant, by any person who may be found gambling or a police officer or engaged in cockfighting as aforesaid, and constable, &c. to bring or cause such person to be brought before a police magistrate at his office, to be dealt with according to law; and in case such office shall not be open, then to commit every such person to safe custody for the present; Provided always that it shall be lawful for any serjeant or corporal of police to take bail for the appearance of such person, instead of detaining him in custody as aforesaid.

Proviso.

Public-houses and

3. It shall and may be lawful for any police officer or constable upon his own view of places of public rethe fact, or on the information of any cred- sort may be entered ible person, to enter into any public-house, on the Sabbath day by any public officer or place of public resort, where any persons &c., where persons shall be gambling, or be suspected to be shall be suspected gambling, on the Sabbath day, that is, from to be gambling,

Proviso.

Police officers and

twelve of the clock on Saturday night to twelve of the clock on Sunday night, and to apprehend and detain such persons in custody at any police station, until such persons can be brought before a police magistrate at his office; and every person so apprehended and brought before such police magistrate, shall on conviction of the offence aforesaid, be dealt with as an offender under section one of this Act: Provided always, that it shall be lawful for any serjeant or corporal of police, to take bail for the ap pearance of such person, instead of detaining him in custody as aforesaid.

4. If any police officer or constable shall constables neglect. be guilty of neglect of duty in apprehending ing their duty may and bringing to trial any offender against be fined, &c. the preceding provisions of this Act, every such police officer or constable, shall on conviction before a Police Magistrate, for every such neglect of duty, be dealt with as an offender under section two of this Act.

into the Public

5. All fines and forfeitures incurred under Fines to be paid the three proceeding sections of this Act, shall be to the public uses of this Island, and be paid into the Treasury.

Treasury.

Persons permit

Encouraging gaming by servants &c.

6. Every person living in or having the ting apprentices or use and command of any house, room, shop, servants, playing or yard, garden or back-yard, who shall, directattending any game forfeit 51. ly or indirectly permit, suffer, or any ways encourage any person whom he knows or is apprized is an apprentice or servant to another to play, bet, or attend any game or play, shall forfeit and pay to Her Majesty Her heirs and successors, for every such offence, for the use of the person aggrieved

and complaining, a sum not exceeding five pounds, to be recovered and the payment enforced in a summary manner before a police magistrate, who is hereby empowered and required to use all legal methods for discovering the offence, and convicting the offender.

7. Every person who shall be thrice con- A Person thrice victed of the offence before mentioned, shall convicted of the upon every such third conviction, be adjudg- said offence, besides ed by the said magistrate to pay, over and the above forfeiture is to pay 151. to the above the forfeiture aforesaid, a penalty not Treasurer. exceeding fifteen pounds to be paid into the public treasury.

Lotteries.

No person to keep

8. If any person shall erect, set up, continue or keep any office or place, under the any place under the denomination of a denomination of a sale of houses, lands, plate, sale of houses or jewels, ships, goods, or other things by way goods, by way of of lottery; or by lots, tickets, numbers, or lottery, &c.

figures, cards, or dice, or shall priut, write Or print proposals advertise, or publish, or cause to be made, or deliver tickets, printed, written, advertized, or published, &c.. under the penproposals or schemes for advancing small alty of 5001. sums of money by several persons, amounting in the whole to large sums, to be divided among them by chances of the prizes in any lottery or lotteries; or shall deliver out, or cause or procure to be delivered out, tickets to the persons advancing such sums, to entitle them to a share of the money SO advanced, according to such proposals or schemes; or shall expose to sale any houses. lands, plate, jewels, ships, goods or other things, by any game, method, or device whatsoever, depending upon or to be determined by any lot or drawing, whether it be out of a box or wheel, or by cards or dice, or

All games with

by any machine, engine, or device of chance of any kind whatsoever, such person shall upon being duly convicted thereof in a summary manner before any police magistrate be liable to a penalty not exceeding one hundred pounds to be recovered by any informer who shall be entitled to one moiety of the said forfeiture, the other to be delivered to the Treasurer of this Island for the time being.

9. All games invented or to be inventdice, or device in ed, with one or more dice, or with any other the nature of dice, instrument, engine, or device in the nature to be deemed games of dice, having one or more figures or num

within this Act.

Sales of houses,

bers thereon, are and shall be deemed to be games or lotteries by dice, within the intent and meaning of the preceding section of this Act; and every person who shall set up, maintain, or keep any office, table, or place for any game however known, called or distinguished, shall be liable to a penalty not exceeding one hundred pounds to be recovered in manner and for the uses aforesaid.

10 All sales hereafter made of houses &c., by any game lands, plate, jewels, ships, goods, or other depending on chance things by any game, lottery or lotteries, void, and such hous- machine, engine, or other device whatsoever, es, &c., to be forfeit- depending upon or to be determined by chance or lot, shall and are hereby declared of the above mat- to be void to all intents and purposes ters the plaintiff to soever; and all such houses, lands, plate, have his full costs. jewels, ships, goods, and other things set

ed and divided. And in all suits for any

what

up and exposed to sale in manner and form aforesaid; shall be forfeited, recovered, and divided in manner aforesaid, and in all proceedings for any the matters aforesaid, the plaintiff or informant shall recover his full costs of suit.