Lotteries and Gaming Act 1875 (SA)

ANNO TRICESIMO OCTAVO ET TRICESIMO NONO

VICTORIA!! REGINZ.

No. 13.

An Act.for the Sqyression qf Lotteries and of Unlawfid Gaming.

[Assented to 15th October, 1875.1

HEREAS various persons have from time to tirnc set up Prcamblo.

for thc purposes of gain, certain mischievous distributions of land, goods, and money, by way of lottcry, to the prejudice of the common good and welfar,:, and it is dcsirabic to prohihit such practices: And wherei~s it is also desirable to maKe piovision for the suppression of unlawfbl gaming ancl the liceping of betting and gaminghouses-Be it thercfore Enacted by tllc Governor of the Provincc of South Australia, with the advice and consent of the Ilegislativc Council and Housc of' Assembly of the said Province, in this present Parlianent assemblcd, as follows:

11r.-To General Matters.

1. Section 36 of Act No. 2 of 1859, ir~tituled "An Act for Con- R w i ~ l.

solidating the Statute Law in force in South Australia relating to

Indictable Offences of a public nature," is hereby repealed.

for the salc or gift, disposal or distribution, of land, houses, plate, word lottery." 2. 111 this Act the word "lottery" means any scheme or dcvice Ddinillonofthc

jewcls, ships, money, secalrities for money, goods, or chattels, or of any right thereto, or of any d1ai-c thcrein, depcndi~rg upon or to h(. determined by lot or drawing, whctller out of a box or other receptacle, or by cards, token, coin: or dice,. or by any machine, ticket, envelope, or device or chance whatsoever.

3, This Act shall be divided into three parts, relating- Division of ~ c t.

I.-To	Lotteries:
11.-To	Unlawfd Gaming:

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TL Lottery and Gaming Act.-1875.

PART I. PART T.- Lotteries:

Lotteries declared

public nuisanoea.	4. From and after the passing of this Act every lottery, by what- ever name i t may be called, shall be deemed and is hereby declared to be a common nuisance and unlawful, and every sale or gift, disposal or distribution, made by means or in pursuance thereof uttcrly void to all intents and purposes.
Penalties on persons	5. Every person who shall, either publicly or privately, exercise, lottery, shall forfeit for caclr offence a sum not exceeding One Hundred Pounds. Every person employing, aiding, or abetting him therein shali forfcit for each offence a sum not excueding Fifty Pounds; and every person who shall play, throw, or draw at any such lottery, shall forfeit for each offence a sum not exceeding 'Yen Pounds. In default of payment of the aforesaid penalties, the offenders shall be subject to irnprisonmcnt, with or without hard labor, for a period not exceeding six calendar months in the first case, thrce calendar months in the second case, and one calendar month in the third case.
opening lotteries, and
aiding and playing	expose, open, or show to be played, thrown, or drawn at, any such
thereat,

P e n a l t ~ on persons

agreeing to pay money 6. Any person who shall on or under any pretence, device, form,

or del i~er gooda, BC., denominatron, or description whatsoever, promise or agree to pay

Onevent of lottery-	any sum of money, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, whether with or without consideration, on any event or contingency relative or applicable to thc drawing of any ticket or tickets, lot or lots, numbers, figures, or names in any such lottery, or to publish any proposal for any of the purposes ai'ores~id, shall for every such offence forfeit a sum not exceeding Fifty Pounds, and in default of payment sl~all bc subjcct to irnp;isonment, with or without hard labor, for a period nat exceeding three calenciar months.
Penalty for adver-
tising lotteries.	7. Any person printing, exhibiting, or publislling, or causing to be printed, exhibited, or published, any placard, handbill, card, writing, sign, cr advertisement of any lottery, or of any proposal for any lottery, shall torfeit for each offcnce a sum not exceeding Fifty Pounds, and in default of payment shdl be subject to imprisonmer.t, with or without hard labor, for a period of not exceeding three calendar months.

Exceptions from W.	8. Nothing in this part of this Act shall extend to or affect-
I. Any allotment of real or personal estatc or interest wllich may,

at any time hereafter be, according to Lhe laws then in force, legally allotable, or alloted to, or held by, or by means of', any allo tment or partition by lots:

Ir. Any voluntary association which is or rna- be formed, or branch of which is or may be established, in the said Provinc~, for the purchase of peintings, drawings, or other works of art, to be afterwards allotted and distributed by chance or otherwise among the several mcmbcrs, subscribers, or contributors forming part of such association, or for raising sums of money by subscription or contribution, to be altotted ancl

distributed

88" Hz 39" VTC'I'ORIB, No. 13. 49

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The Lottery and Gnrnilzq Act.-1875.

distributed by chance or otherwise as prizes amongst the

PART I.

members, subscribers, or contributors forming part of such .

association: Provided that such sums of money so allotted

and distributed be expended solely and entirely in the pur-

chase of paintings, drawings, or other works of art. This

exception shall exist only so long as the proceedings of such

association are carried on in good faith for the encourage-

ment of the fine arts.

PART 11.-Unlawful Gaming:

9. Every person who shall, by any fraud or unlawful device or ill- money, & C, o ~ ~ ' " ' " ~ by cheat-

practice in playing at or with cards, dice, tables, or other game, or ing at cards guilty of

in bearing a part in the stakes, wagers, or adventures, or in betting D ~ d e m c a n o r:

on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastirnc or excrcisc, win from any other person to himself, or any other or others, any sum of money or valuable thing, shall be deemed guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court or Justices, to be imprisoned for a term not exceeding two years, with or without hard labor, and to pay in addition such fine as the Court may award.

10. All contracts or agreements, whether by par01 or in writing, Contracts by way gaming void.

by way of gaming or wagering, shall Fe null and void; and no suit shall be brought or maintained in any Court of Law or Equity for recovering any sum of money o r 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 section shall not be deemed to apply to ilny subscription or contribution, or agreement to subscribe or contribute for or towards m y plate, prize, or sum of money to be amarded to the winner of any race, or lawful game, sport, pastime, or exercise.

11. Every person playing at any game, or betting, by way of Extending provisrons to gaming with coin,

wagering or gaming in any street, road, highway, or other open and &C.

public place, or in any place to which the public have or are permitted

to have access, at or with any table or instrument of gaming, or any

coin, card, token, or other article used as an instrument or means of

such wagering or gaming, at any ganie or prctended game of chance,

shall be deemed a ro5ue and vagabond within the true intent and

meaning of the " Pollce Act, 1869," and as such may be convicted

and punlshed under thc provisions of that Act.

12. Any person who shall in any public place, or in any grounds Penalty &C., in p u b h On 6amb1iogl places.

open to the public, or in any public conveyance, exhibit any implements or articles for unlawful gaming, in order to induce or cnticc any person to engage in any unlawful gaming, or who, by any fraudulent act or device, shall cozen and cheat, or attempt to cozen and cheat any person in any public place, or in any grounds open to the public, or in any public conveyance, shall be liable to imprisonment, with or without hard labor, for any tcrm not exceed-

ing

38" & 39" VICTORIA3, No. 13.

The Lottery and Gaming Act.--1875,

-

-

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PART rr. ing three calendar months, and shall also ut thc same time be sentenced to repay any money, or restore any property which hc may have obtaincd by means of any such offence, and failing the immediate payment or restoration may, under thc same procedure, be imprisoned, with or without hard labor, for any further term not exceccling sixty days.

No house, &c#, to be

kept for purposc of 13. No house, office, room, or other place shall be opened, kept, or

gaming, or for owner used for( thc purpose of unlawful gaming; or for the purpose of

the owncr, occupier, or kceper thereof, Q- aqy person using

Or

with Oceup"r other pcrsons. btting

the same, or any person procured or employed by, or acting for

.C, _-_- . ._. .

or on behalf of such owner, occupier, or keeper, or person using the same, or of any person having the care or management or in any manner conducting tho business thereof, betting with persons resorting thereto, or for the purpose of any money or vdoabl; thing being received by or on behalf of sucli ownvr, occupier, keeper, or person as aforesaid, as or for the consiclerntion for ally assurance, undertaking, promise, or agreement, cxpress or inlplieit, to pay or give thereafter any money, or m y ~alnable thing, or any such evcnt or contingency, of or ;.elating to any race, fight, game, sport, or exercise, or as or fbr the consideration for securing the paying or giving by some other person of any money or valuablc thing, on any such evcnt or contingency as aforesaid, and every house, office, room, or othcr place, opcncd, kept, or used for the purposes aforesaid, or any of them, is hereby dcclared to be a common nuisance, and cmtrary to law.

Penalty on owner or 14. Any pcrson who, being the owner or occupier of any house,

occupier of betting	office, room, or other l~lace,	or a person using the same shall open,
house.

keep, or use the saric for thc purposes hcreiabefore mentioned or any of thcm; and any person who being the owner or occupier of any house, room, office, or other place, shall knowingly and wilfully permit the sams to be opened, kept, or used by any other person for tho purposes atoresaid or any of thcm; and any person having the care or management of, or in any manner assisting in conducting

used for the purposes aforesaid, or ally of thcm, shall be liable on	the business of any house, office, room, or place opened, kept, or	conviction to a penalty of not more than One Hundred Pounds, or in the discretion of the Justices before whom he shall be convicted
of the offence, to be ixnprisoncd, with or withoat hard labor, fur any
term not exceeding six calendar nionths.

Penalty on persons

receiving money on	15. Any pcrson being the owner or occupier of any house, said or any of them, or any person acting for, or on behalf of, any such owner or occupier, or any person having thc carc or manage- ment? or in any manner assisting in conducting the business thereof,
con&tiou of paging	office, room, or place opened, kept, or used for the purposes afore-
money on e ~ u t o f
any bet.
who shall receive directly or indirectly any nloncy or valuable
thing as a deposit on any bet on condition of paying any sum of money or other valuable thing on the happening of ,any event, contingency of, or relating to any race, or any fight, game, sport,

or

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The Lottery and Gcrmitzg Act.-1875.

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or exercise, or as, or for the consideratioii for any assurance,

PART 11.

undertaking, promise, or agreement, express, or implied to pay or give thereaficr any money or valuable thing on any mch event or contingency, and any person giving any acknowledgment, note, security, or draft on the receipt of any money or valuable thing so paid or given as aforesaid, purporting or intending to entitle the bearer or any othcr person to receive any money or valuable thing on the happening of any such event or contingency as aforesaid, shall be liable on conviction to a penalty of not more than Fiftv

Pounds, or in thc discretion of t h e ~ust i fes by whom he shall l&

convicted of the offence, to be imprisoned with or without hard

labor, for any term not exceeding three calelidar months.

16. Any money or valnable thing received by any such person aforesaid as a deposit on any bct, or as or for the consideration for	Money so received
may be recovered
from persona recciv-
any such assurance, undertaking, promise, or agrecmcnt, as aforcseJc1,	ing the same.
shall bc deemed to have been rereivd to or fi>r the use of the pcrson from whom the same ~vas received, and such money or valuable thing, or the value thcrcof, may be rccovcred accordingly, with full costs of suit in any Court of competent jurisdiction.
17. Nothing in this Act contained shall extend to any person re- ceiving or holding any rrioriey or valuable thing by way of stake or	This Act not to ex- tend to st,akes due to
owner of home win-
deposit to be paid to thc winner of any raw, or lawful sport, game,	ning a race.
or cxcrcisc, or to the owner of any horse engaged in any race.

18. Any person printing, exhibiting. or p~xhlishin~ or causing to bc Penalty on persona

b.' exhibiting placards,

priilted, cxlzibited, or published, any placard, handbill, card, writing,	or advertising betting
sign, or advcrtisemcnt, whereby i t shall be made to appcar that; any	houses.
house, office, room, or place is opericd, kcpt, or used for the purpose
of making bets or wagers in rnanner afol-esaid, or for the purpose of
exhibiting lists for betting, or wiih the intent to irlduc~ any person to resort-to such house, office? room or place for the purpose of making bets or wagers in manner aforesaid; or any pcrson who, on	behalf of the owner or occupier of any such horrse, office, room, or	place, or persons using tlw same shall invite other persons to rzsort
thereto, for thc purpose of making bets or wagers in nlanner afore- said, shall be liable, on conviction, to a penalty of not more than Thirty Pounds, or, in the discretion of the Justiccs before whom he shall be convicted of the offence, to be imprisoned, with or without hard labor, for any tcrrn not exceeding two calendar months,
19. Where any letter, circular, tekgram, placard, handbill, card, advertisemcnt, is printed, scnt, exhibited, or published, or-	Penalty on persons
advertising or betting.

r. TqThereby it is made to appear that any person, either in the said Province or clsewhcre, will, on application, give infor- mation or advice for the purpose of or in respect to any such bet or wager, or any such event or contingency as is men- tioned in the 13th, 1 4th, and 15th sections of this Act, or will make on bchdf of any other person any such bet or wager as is mentioned in such sections; or

1 1. With

38" & 39" VIC'I'ORIiE, No. 13.

The Lotdely and Ganaing Act.-1875.

PABT 11.

-	11. With intent to induce any person to apply to any house, office, room, or place, or to any person, with the view of obtaining information or advice for the purpose of any such bet or wager, or with respect to any such event or contingency as is mentioned in the said sections; or
111. Inviting any pcrson to rnzlkc or take any sharc in or in con- nexion with any such bet or wager:

every person printing sending, exhibiting, or publishing, or causing the same to be printed, sent, exhibited, or published, shdl be su1,ject to the penalties provided in the next preceding section with respect to offences thereunder.

Pcnaltiies on persons	%Q. Any person being the owner or occupier, or having the use of any house, room, or place, who shall open, keep, or use the same for the purpose of unlawful gaming being carried on in the same; and any person who, being the owner or occupier of any house, room, or place, shall knowingly a rd wilfully, permit the same to be opened, kept, or used by any other person tor the purpose aforesaid; and any person having the or management of, or in any manner assisting in conductir,g the business of any house, room, or place opened, kept, or used for the purpose aforesaid; and any person who shall atlvance or furnish invncy for the purpose of
houaes.
garuing with persons frequenting such housc, room, or place, s l d l
be liable, on conviction. to a penalty of not more than Fi-\e Hundred Pounds, or, ill the clisrrction of the Ji1stii:es bef'ore whom hc shall be convicteti of the ofi'ence, to 1~ imprisoned, with or without hard lnbor, for any telm ;lot exceeding twclvc calendar mmths.
PART rxr.--General Matters:

keeping gaming

phRT III.

-

Justice of the Peaco 21. I t sliall bc kawfid for any Special bfagistratc or two Justices

on information mny	authorize persons to of thc Pcuce; upon complaint or informntion made upon oath
break open doors of places where offences bcforc hinz or them thut thero is Teason to suspect thut an offence are and is h i n g conz:nittcd against this Act, in any house, room, or place,
apprehend offenders. to give authority, by spccic~l warrmt vnder his or thcir hand,

wllcn i11 his or their discretion he or they shdl think fit, to anv constable, with such assistuncr as may be found necessary, to enter into such house, worn, or place, and, if necessary, to use force for such cntry. whether by breaking doors or otherwise, and to seize all materids connected ~ ~ l t l i any lottery or unlawful game found therein, and to arrest and search, and bring before a Special Magistrate, or two Justices of the Peace, all offenders against this Act who rrlay be found in such house, room, or place, to be dealt with according to law; and such special warrant may be in the form given in the Schedule to this Act, or to the like effect.

Penalty on persons 22.

Any person who shall wilfully prevent m y constable or other any house, room, or place, from entering the same or any part thereof, or also shall obstruct or delay any such constablk or person in so cntcring, and any pcrson who by any bolt, bar, chain, or other

obfitrustiug const~bles

in the executioll of	persnn acting in his assistance, mder the aforesaid warrant, to enter
their duty.

contrivance,

38" & 39" VICTORIA$ No. 13.

The Lottery and Gaming Act.-1875.

PART 1x1.

contrivance, shall secure any external or internal door of or means ----

of access to m y house, room, or place, so authorizcd to be entered, or shall use any means or contrivance whatsoevcr, for the yurpose of preventing, obstructing, or delaying the entry of any constable or person acting as doresaid, into any such house, room, or place, or any part thereof, shall bc lidble on corlvirtion, to n penalty of not more than One IIuiidred Pounds, or in the discretion of the Justices beforc whom he shall be convictcd of the offcnce, to be imprisoned, with or without hard labor, for any term not exceeding six calmdar months.

23. When any constable or other person acting in his assistance Obstructing constahles to entry be of

under the aforesaid warrant, entering any house, room, or place, is evidence of house

wilfully prevcntcd from, or obstruct&, 01. delayed, in cnt&ng the being gaming-house. ncolllmon

same or any part thereof, cr where any external or internal door of, or means oi' kcms to any such house,"roorn, or place, so authorized to be entered, shall be found to be fitted or provided with any bolt, bar, chain, or other means or contrivance for the purpose of pre- venting, delaying, or obstructing the entry into thc same or any part thereof, of any constable or person acting as aforesaid, or for giving an alarm in case of such entry, or if any house, room, or place is found fitted or provided with any means or contrivance fur any lottery or unlawful game, m. with any means or contrivanct: for concealing, removing, or destroying any instruments used for such lottery or game, i z shall be cviilcncc, until tbc contrary is made to appear, that such house, room, or place, is uscd for the purposes of unlawful gaming within the meaning of sections 12 and 20 of this Act, and that the persons found tl-icrcin wcrc unlawfully playing therein.

24. If any person found in any house, room, or 1 ) l i~o~ cntcrcd by Penalty on perRons

any constable or persol1 assisting hiin as aforesaid to enter the same, ~$$~~~~~~~ne, or

upon being arrested by such conscable or person assisting, or upon nddrmseu.

bcing brought before any Justices, on being. I-equired by such

constable or person or by such Justices to give his name and address,	shall refuse or neglect to give the same, or shall give any fdse name
or address, he shall be liable, oil conviction before t11e same or any other Justices, to a penalty of not more than Fifty l'ounds, or in the discretion of Justices before whom he slmll b: convictcd of the
offence, to be imprisoi~ed for any term not exceeding oue mont l~,

25. I t shall be lawful for the Justices before whom any persons Juslicvs lnay requiro any o l thi. perso118

shall he brought who have been found in itny housc., room, or plnce to be

entered in pursuance of any authority granted under this fact, to a m r n and give

cvidcncc,

require of any such persons to bc examined on oath. and give evidence touching any unlawful gaming in such housr, room, or place, or tmchiag any act done for the purpose of preventing, obstructing, or dclaying the entry into such house, room, or place, or any part thereof of any cor~stable or person assisting him ss afore- said; and no person so required to be examined as a witness shall be excused from bcing so cxainined when brought beforc such

Justices

38" & 39O VICTORIB, No. 13.

The Lottery nrzd Gaming Act.- 1875.

PART III.

v---	Justices as aforesaid: or from being so examincd a.t any subsequent time by or before the sarrie or any other Justiccs, or by or before any Court or any proceeding, or the trial of any information, action, or suit in anywise relating to any such lottery, unlawful gaming, or any such acts as aforesaid, or from answering any questions put to him touching the matter aIoresrtic1, on the ground that his evidence will tend to crimir~ate himself; and cvery such person so required to
be examined as a ~vitness, who wfuses to inalie oath accordingly, or
to answer any such questions as aforesaid, shall bc subject to be dealt with in all respects as any person app~ar ing as a witness before any Justices or Court in obedience to a summons or subpacnn, and refusing without lawful cause or cxcuse to be sworri or to give evidence may by law bc dealt with.

Pereonsrequiredto be examined as a witness 26. Every person so required to be exarnincd as a witncss as

and making a full dis- aforcsaid, who upon such esaminati.dns shall rnakc true and fdithful covery to be freed discovery, to the best of his lrnowiedgc, of all things as to which lie

from all penalties, &c.	is so examined, shall receive from the Justices or, J ~ d g e of the Court by whom he is examincd, a certificate in writing to that effect, and shall Fc frced from all crirnird prosecutiorls and penal actions, and horn all penalties, forf'iitures, and pl1EsXlrnents to which he may have 1,ecomc: liable, for anything done before that time, i11 rcspcct of the matters touching m!iicli he has been so exanlinpd, but such witness shall not be indemnifiecl under this Act, unless hc receives from such Justiccs or Jndg:, a certificate under their or his hand,
touching a11 things as to which hc has been examined; and if any h statina that such witwss has m his examination made true disclosure
action or information bc a t any time pcriding in any C:ourt, against any pcrwn so e~arnined, in respect of any lottery or act of gaming, touching which he was so examined as a witness in manner bcfbre- mentiond, for any such matter or thing, such Court shall, 01: the production arid proof of such certificate, stay thc proceedings in any such action 9r information, and may, in its &scretion, award to such person suc!l costs as he may haw been put to by such action or
informati~n.

w h o may lay infor- 27. Informations may be laid for m y offence against this Act at

mations.

thc iristarice of any person, and all fines and penalties for m y such offence payable u d e r the provisions hereof, may be reco<lerd in a summary may, before any Special Magistrate, or twcl Justices of

Summary ~ r o c c d ~ ~ r c.

t l ~ Peace, under the prorisions of an Ordiurmce, No. G of 1850,

a To facilitate the performance of the duties of Justiccs of thc Peace 7 )

out of Sessions, with respect to summary convictions and orders, or of any Act liereaftcr to be in force for faciiitating the duties of Justices of the Peace with respect to summary convictions and orders; and all convictions and o d m s may be enforced as in the said Ordinance or Act is ment-ioned.

Appeal.

28. There shall he an appeal from any order or conviction of any

Special Magistrate or Justices under this Act, or from any order

dismissing any information, or for the payment of costs, or otherwise,

which

38" & 39" VICTORIAE, No. 13. 55

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The Lottery and Gamin9 Act.--1875.

which appeal shall be to the Local Court of Adelaide of Full Juris- PART III.

diction only, and the proceedings on such appeal shall be conducted in the manner appointed by the said Ordinance, KO. G of 1850, for appeals to Local Courts, or by any Act amending the same; but such TJocal Court of Adelaide, aforesaid, may make such order as to the payment of the costs of appeal as St shall think fit, although

such costs may exceed Ten Pounds.

29. Onc half part of every sum which shall be imposed as a penalty

under this Act shall be paid to the person on whose information the penalties.

conviction shall have been obtained, and the other half of every such

penalty, shall be paid to the Treasurer for the public uses of the

said Province; but where such information shall be laid by or on

behalf of a public officer, the whole of the pendty shall bc paid to

the 'I'rcasurer for the uses aforesaid.

Appropriation of

30. This Act may be cited for all purposes as " The Lottery and Short title.

Gaining Act, 1375."

In the name and on behalf of Her Majesty, I hereby

assent to this 'Bill. .

A. MUSGRAVE, Governor.

SCHEDULE

38" & 39VICTORIB, No. 13.

T ~ P Lottery aled Gaming Act.-1875.

SCHEDULE REFERRED TO.

Perm of Warrant.

South Australia (to wit.)

To

Whereas it appears to [us two Justices of the Peace

in and for the Province of South Australia, or as the c w e may be to me

a Special Magistrate in and for the Province of South

~ustra l ia], that there is reason to suspect :hd t an offence against The Lottery and

Gaming Act, 1875, is being committed in [here imert d~scr&tion by which the house,

room, or place may be reudily found] : This is, therefore, in the name of our Lady the Queen, to reqrrile you, with such assistance as jou may find necessary to eutet into the said house, room, or place, and, If necessary, to use force for making such entry, whether by breaking optn doors or othrrwise, and there diligently to search for and seize all implements and materidls connected with lotteries [ o r unlawful gaming, ns the case may 6eJ which may be found therein, and to arrest, search, and bring before [us the said Justices] [or me, the said Special hhglatrate] or any Special Magistrate or two Justices of the Peace for the said Province, as well the keeper or keepers of the said lottery [or owners, occupiers, or keepers of the house, room, or place, as the case may be], as also the persons there emplojing, aiding, and abetting him or them, and tha persons plajing, throwing, or drawing at such lottery [or unlawful games as the csse m a y be] to be dealt with accord~ng to lavr, and for so doing this shall bc your warrant.

Given under our hands and seals [or my hand and seal] at

i n the said Province this day of 18

A. B. (I..s.), J.P. C. D. (L.s.), J.P.

[or E. F. (LA), S.M., as the case may Ire].

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Adelaide: By authority, W. C. Cox, Government Printer, Xorth-terrace.