Racing and Betting Acts and Another Act Amendment Act of 1962 (Qld)

320 (Queetta.lanh ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE •••••••••••••••••••••••••••••••••••••••••••••••••••• No. 40 of 1962 An Act to Amend "The Racing and Betting Acts, 1954 to 1961," and "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961," each in certain particulars [ASSENTED TO 21ST DECEMBER, 1962] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as "The Racing and Betting Acts and Another Act Amendment Act of 1962." 2. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF "THE RACING AND BETTING Acrs, 1954 TO 1961"; PART ill-AMENDMENTS OF "THE VAGRANTS, GAMING, AND OTHER OFFENCES ACTS, 1931 TO 1961."

Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 321 PART II-AMENDMENTS OF ''THE RACINGANDBETTINGACT'S, 1954 TO 1961" 3. (1) Principal Act. "The Racing and Betting Acts, 1954 to 1961,'' are in this Part II of this Act referred to as the Principal Act. (2) Collective title. The Principal Act and this Part II of this Act may be collectively cited as "The Racing and Betting Acts, 1954 to 1962." 4. Amendment of s. 34 (1). Subsection (1) of section thirty-four of the Principal Act is amended by adding thereto the following paragraphs:- "Where, in respect of any club, the Commissioner of Stamp Duties is satisfied- (a) that a person registered as a public accountant under "The Public Accountants Registration Acts, 1946 to 1954," is not readily available to make such audit; and (b) that a person not so registered is available and competent to make such audit, he may in writing permit the latter person to make such audit. The permit may be limited to the financial year specified therein or may be granted without limit of time. The Commissioner of Stamp Duties may at any time cancel any such permit which he has granted without limit of time." 5. Amendments of s. 65 (2). Subsection (2) of section sixty-five of the Principal Act is amended by omitting the words "Where the race meeting is conducted on a racecourse", where those words appear in paragraphs (i) and (ii), and inserting in their stead in both those paragraphs the words "In the case of a totalisator operated at a race meeting conducted on a racecourse". 6. Amendment of s. 66. Section sixty-six of the Principal Act is amended by adding thereto the following subsection:- "(S) (a) In this subsection the term "Authority" means the Authority established and constituted pursuant to section 71A of this Act, by the Governor in Council by Order in Council under the name of "The Totalisator Administration Board of Queensland". (b) Subject to subsection (4) of section sixty-nine of this Act, subsections (I) to (4), both inclusive, of this section apply to any totalisator operated by the Authority and to all bets made thereon with the authority. (c) For the purpose of the application thereof as prescribed by paragraph (b) of this subsection, subsections {l) to (4), both inclusive of this section shall be read with and subject to all necessary adaptations including with the omission from subparagraphs (i) and (ii) of paragraph (b) of subsection (4) of the words "at the race meeting in question"." 7. Amendments of s. 69. Section sixty-nine of the Principal Act is amended by,- (a) omitting the words "twenty-eight days", where appearing in subsections (1) and (2), and inserting in their stead, in both those subsections, the words "three months"; 11

322 Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 (b) omitting the words "or a quinella totalisator", where appearing in subsection (3), and inserting in their stead the words "a quinella totalisator, a doubles totalisator or a forecast totalisator''; and (c) adding the following subsection:- "(4) (a) The provisions with respect to unpaid dividends of section sixty-eight of this Act and of subsections (1), (2) and (3) of this section do not apply to unpaid dividends in respect of bets made through or with the Authority (in this subsection called "the Authority") established and constituted pursuant to section 71A of this Act by the Governor in Council by Order in Council under the name of "The Totalisator Administration Board of Queensland" on a totalisator on a racecourse or a totalisator operated by it. (b) The Authority may retain unpaid dividends in respect of bets made through or with the Authority on a totalisator on a racecourse or a totalisator operated by it for a period of three months from and including the date on which the event or contingency on which the bet was made was decided unless a person who satisfies it that he is entitled to collect the dividend shall sooner produce to it the original of the ticket in respect of the bet issued by it (in which event it shall pay the unpaid dividend in question to such person). (c) Unless sooner paid as aforesaid, at the expiration of such period of three months if a person who claimed any unpaid dividend within a period of twenty-eight days from and including the day on which the event or contingency on which the bet was made was decided shall have satisfied the Authority that he is entitled to such dividend, the Authority may pay the unpaid dividend in question to such person. (d) The provisions of paragraphs (b) and (c) of this subsection shall extend to dividends unpaid at the date of the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962", in respect of bets made on events or contingencies decided before that date, save that the Authority shall not, pursuant to paragraph (c) of this section, pay to any person any such dividend unless he claimed it within a period of twenty-eight days from and including the day on which the event or contingency on which the bet was made was decided. Where, in respect of any unpaid dividend to which this paragraph (d) applies, the period of three months mentioned in paragraphs (b) or (c) of this subsection has expired before, or has less than one month to run at, the date of the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962", that period shall be extended to a date one month after the date of the passing of such lastmentioned Act. (e) The Authority shall pay to the Commissioner of Stamp Duties (for payment into the Consolidated Revenue Fund) every unclaimed dividend which has not been paid as aforesaid." 8. Amendments of s. 71A. Section 7lA of the Principal Act is amended by- (a) omitting paragraphs (b) and (c) of subsection (6) thereof and inserting in their stead the following paragraphs:- "(b) The Authority shall, within fifteen days after the last day of any and every week, pay to the Commissioner of Stamp Duties- (i) the amount of such tax in respect of all bets made through or with the Authority on any totalisator on a racecourse or on any totalisator operated by the Authority; and

Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 323 (ii) the amount of unpaid fractions in respect of all bets made with the Authority on any totalisator operated by the Authority, on events or contingencies which were decided during the week in question. (c) As respects bets made through the Authority on a totalisator on a racecourse such payments shall to the extent thereof satisfy the liability of the racing club concerned under section sixty-eight of this Act, and such racing club shall credit the Authority with the amount of every such payment due by it and every amount so credited shall be set off against the sum in respect of totalisator tax payable by the Authority to the racing club in respect of bets to which the credit relates."; (b) adding to paragraph (d) of subsection (6) thereof the following subparagraph:- "In the case of bets made with the Authority the commission prescribed by subsection (2) of section sixty-five of this Act shall be deemed to be- (i) in respect of a horse race or horse races to be decided at a race meeting or race meetings in Queensland, commission at the rate per centum prescribed by the said subsection (2) to be payable in respect of a totalisator operated on the racecourse whereon such race meeting or race meetings is or are held ; (ii) in respect of a horse race or horse races to be decided at a race meeting or race meetings elsewhere than in Queensland, commission at the rate of ten per centum of the amount of all bets." ; and (c) adding thereto the following subsection:- "(8) (a) In this subsection the term "establishment and capital expenses" has the meaning assigned to it by the Order in Council made, and published in the Gazette at pages 1751 and 1752, on the eighth day of August, one thousand nine hundred and sixty-two. (b) In reimbursement of establishment and capital expenses, subject to paragraph (c) of this subsection, the Authority shall be entitled to forty per centum of totalisator tax in respect of bets made through or with it on a totalisator on a racecourse or a totalisator operated by it, including as well bets made before as bets made on or after the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962." Accordingly, subject to paragraph (c) of this subsection, the Authority may retain forty per centum of any and every periodical payment of totalisator tax which becomes due for payment by it on or after the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962", and the Treasurer shall refund to the Authority the amount per centum whereto the Authority is entitled under this paragraph of totalisator tax paid by the Authority or by any racing club to the Commissioner of Stamp Duties before the passing Qf such Act. For the purposes of this paragraph (b) totalisator tax in respect of bets mentioned in this paragraph shall be reduced by the amount of the insufficiency in any dividend recouped from totalisator tax by, or paid by the Commissioner of Stamp Duties to, the Authority pursuant to paragraph (b) of subsection (4) of section sixty-six of this Act, and the forty per centum referred to in this paragraph shall be that percentage of such reduced totalisator tax.

324 Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 (c) Paragraph (b) of this subsection applies so as not to authorise the retention by the Authority at any time from totalisator tax of moneys which, together with the payment made to it from the Consolidated Revenue Fund pursuant to that paragraph, are in excess of the amount paid or incurred by it up to the time in question for establishment and capital expenses. If at any time the aggregate of the moneys retained by and paid to the Authority from totalisator tax and from the Consolidated Revenue Fund amounts to or exceeds the total of the amounts paid or incurred by it for establishment and capital expenses up to the time in question, the Authority- (i) shall forthwith pay to the Commissioner of Stamp Duties the amount of such excess, if any; and (ii) thereafter, until a further amount for establishment and capital expenses has been paid or incurred by it, shall not retain any moneys from any periodic payment of totalisator tax prescribed to be made by it." 9. Amendmeat of s. 79. Section seventy-nine of the Principal Act is amended by adding thereto the following subsection:- "(4) (a) In this subsection the term "Authority" means the Authority established and constituted, pursuant to section 71A of this Act, by the Governor in Council by Order in Council, under the name of ''The Totalisator Administration Board of Queensland". (b) The Minister may by notification published in the Gazette declare that sufficient facilities for betting off the course are provided in the district defined in the notification by the totalisator agency or totalisator agencies established by the Authority specified in the notification. Such district may be defined by reference to radius from the post office or, if more than one, principal post office at any specified place, or in such other manner as is sufficient to identify it. Upon and by virtue of the publication in the Gazette of a notification under this paragraph by the Minister any and every license under this Division of this Part granted prior to and in force at the date of such publication in respect of any place, locality or premises situated within the district defined in the notification shall cease to have any operation or effect whatsoever and shall be deemed to have been cancelled. (c) The Commissioner of Stamp Duties shall not grant a license under this Division of this Part in respect of any place, locality or premises within any district defined in a notification under paragraph (b) of this subsection whilst the notification remains unrevoked by the Minister." 10. Amendment of s. 80 (4). Subsection (4) of section eighty of the Principal Act is amended by inserting after the first proviso, the following further proviso:- "Provided further that the authority prescribed by paragraph (b) of this subsection to be conferred upon the licensee by an off the course bookmaker's license shall not exempt such licensee- (a) from liability to pay any fee or other sum of money, other than bookmaker's permit tax, payable in respect of any license, permit or authority other than an off the course

Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 325 bookmaker's license which, except for the provisions of paragraph (b) of this subsection, he would be required to hold in order to authorise him to carry on the business of or act as a bookmaker on the racecourse mentioned in the said paragraph (b) in question; or (b) from the obligation to comply in every respect with such of the provisions of this Act and (save as respects the holding of a license, permit or authority other than an off the course bookmaker's license) of the Rules of Racing or, as the case may be, the Rules of Trotting Racing as apply in respect of the carrying on the business of or acting as a bookmaker by any person on the racecourse mentioned in the said paragraph (b) in question." 11. Amendment of s. 83 (1). Subsection (I) of section eighty-three of the Principal Act is amended by omitting paragraph (a) and inserting in its stead, the following paragraph:- "(a) A person under the age of twenty-one years or, except an off the course bookmaker's clerk's license, a female person;". 12. Amendment of s. 95B (4). Subsection (4) of section 95e of the Principal Act is amended by omitting the words "penalty tax shall be due and payable at the rate of ten per centum per annum thereon" and inserting in their stead, the words "penalty tax of five per centum of the amount thereof shall be due and payable thereon". 13. Amendments of s. 9SC. Section 95c of the Principal Act is amended by- (a) adding to subsection (2) thereof the following paragraphs:- "Twenty per centum of any and every amount of bookmaker's turnover tax paid to the Commissioner of Stamp Duties on or after the twenty-eighth day of September, one thousand nine hundred and sixty-two, in respect of bets to which paragraphs (a), (b) or (d) of subsection (1) of section 95A of this Act apply, shall be paid into the Treasury to the credit of a special fund called "The Racing Clubs Turnover Tax Special Fund" and, as respects amounts of bookmaker's turnover tax to which this paragraph applies paid into the Treasury before the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962", the Treasurer may take such steps as he deems necessary to give effect to the requirements of this paragraph."; (b) in subsection (7) thereof omitting the words, letter and brackets "paragraph (b) of"; and (c) adding thereto the following subsection:- "(8) The amount for the time being standing to the credit of the Racing Clubs Turnover Tax Special Fund shall be distributed, annually or at such lesser intervals as the Treasurer thinks fit, as prescribed by this subsection. Every such annual or other periodical distribution shall be made to the racing clubs and coursing clubs which conducted the race meetings and coursing meetings in respect whereof the amount to be distributed was paid (being, in the case of such payment in respect of any bet off the course to which paragraph (a) of subsection (1) of section 95A of this

326 Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 Act applies the racing club which conducted the race meeting on the racecourse whereon the bookmaker who made the bet carried on the business of or acted as a bookmaker on the day on which he made the bet). Each such racing or coursing club shall be paid so much of any and every amount distributed under this subsection as is attributable to race meetings or, as the case may be, coursing meetings conducted by it during the period in respect whereof such amount was paid into the Racing Clubs Turnover Tax Special Fund." 14. Ameadmmt of s. 96. Section ninety-six of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- "(l) There shall be charged, collected and paid for the use of Her Majesty in right of this State stamp duty on every betting ticket issued by or on behalf of a bookmaker as follows:- (a) Where the ticket is issued in the saddling paddock of any of the racecourses situated in the metropolitan Area which are used for the purpose of conducting race meetings for galloping horses, the amount of such stamp duty thereon shall be twopence; (b) Where the ticket is issued elsewhere the amount of such stamp duty thereon shall be one penny." 15. Amendment of s. 99. Section ninety-nine of the Principal Act is amended by omitting subsections (S), (6) and (7) and inserting in their stead the following subsections:- "(S) Upon demand made by any person who tenders the amount he wishes to wager, or who has established a cash credit for such amount, a licensed off the course bookmaker shall according as demanded by such person make with him in respect of a horse race to be decided at a race meeting which is lawful according to the law in force where that meeting is being held, or is to be held- (a) if the name of the horse upon which the bet is demanded is displayed on the betting board kept by such bookmaker-a win only bet at the odds in respect thereof displayed on such betting board relative to such horse; or (b) if the information displayed on the betting board kept by such bookmaker quotes odds in respect of a place bet (that is a bet in respect of first, second or third place in a race) upon the horse upon which the bet is demanded-a place bet at such odds; or (c) where the bettor wishes to wager not less than five shillings or more than one pound, a win only bet or a place bet at a price to be determined as specified in paragraphs (a) or (b) of subsection (6) of this section. (6) A licensed off the course bookmaker or a licensed off the course bookmaker's agent shall not limit (by means of any condition or stipulation or otherwise howsoever) the amount which he (or, in the case of such an agent, his principal) may lose by a bet made by him in respect of a horse race to be decided at a race meeting which is lawful according to the law in force where that meeting is being, or is to be held- (a) at a price to be determined by the dividend paid or to be paid in respect of the horse upon which the bet is made by any totalisator; or

Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 (b) at a price to be determined by the price obtainable in respect of the horse upon which the bet is made on the racecourse whereon the race is held immediately prior to the start thereof, and in determining the contract deemed under subsection (3) of section one hundred and thirty-nine of this Act to have been made in respect of the bet by the parties thereto any and every such limitation shall (whether or not the bettor knew of it when he made the bet or consented to it) be disregarded. (7) Subsection (5) and (6) of this section apply so as not to require any licensed off the course bookmaker or licensed off the course bookmaker's agent to make-- (a) any bet which it is unlawful for him to make; (b) any bet at fixed odds whereby he or his principal may lose more than fifty pounds or whereby the bettor wishes to wager less than five shillings; (c) save a bet specified in paragraph (c) of subsection (5) of this section, any bet other than at fixed odds." 16. Amendment of s. 99A. Section 99A of the Principal Act is amended by omitting subsection (3) and inserting in its stead the following subsection:- "(3) Subsections (l) and (2) of this section apply subject to this subsection. A licensed off the course bookmaker shall not in any calendar year carry on the business of or act as a bookmaker at more than six race meetings held on any one or more of the following racecourses, that is to say:- (a) Any racecourse situated wholly or partly within a radius of thirty miles from the General Post Office at Brisbane; or (b) Any racecourse situated wholly or partly within a radius of fifteen miles from the post office, or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of section seventy-nine of this Act." 17. Amendment of s. 102 (2). Subsection (2) of section one hundred and two of the Principal Act is amended by omitting the words "a duplicate original or carbon copy" and inserting in their stead the words "the original". 18. Amendments of s. 106. Section one hundred and six of the Principal Act is amended- (a) by re-numbering that section to be subsection (l); and (b) adding to that section as so re-numbered the following subsection:- "(2) A person shall not in the course of carrying on the business of or acting as a bookmaker on a racecourse or coursing ground bet with any person by telephone, telegraph, or other indirect communication." 19. Amendments of s. 109 (1). Subsection (1) of section one hundred and nine of the Principal Act is amended by- (a) in paragraph (a) omitting the words "fifty pounds" and inserting in their stead the words "one hundred and fifty pounds"; 327

328 Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 (b) in paragraph (b)- (i) omitting the words "one hundred and fifty pounds" and inserting in their stead the words "two hundred and fifty pounds"; and (ii) omitting the words "or to imprisonment for a term not exceeding three months or to both that penalty and imprisomnent" and inserting in their stead the words "and to imprisonment for a term of not less than fourteen days or longer than three months"; · (c) in paragraph (c)- (i) omitting the words "one hundred and seventy-five pounds" and inserting in their stead the words "five hundred pounds"; and (ii) omitting the words "or to imprisonment for a term not exceeding six months or to both that penalty and imprisonment" and inserting in their stead the words "and to imprisonment for a term of not less than twenty-eight days or longer than six months". 20. Amendment of s. 110 (3). Subsection (3) of section one hundred and ten of the Principal Act is amended by omitting the words "or to imprisonment for a term not exceeding one month or to both such penalty and imprisonment" and inserting in their stead the words "and to imprisonment for a term of not less than seven days or longer than fourteen days". 21. Amendments of s. 113. Section one hundred and thirteen of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- "(l) A person who holds a license of any description under and within the meaning of "The Liquor Acts, 1912 to 1961," shall not permit or suffer the place in respect whereof that license is in force to be used for the purpose of betting. A person guilty of an offence against this section shall be liable to a penalty not exceeding two hundred pounds."; (b) in subsection (2) omitting the words "certificate of registration, or permit"; and (c) adding the following subsections:- "(3) (a) Upon the commission, in relation to any place in respect whereof a license of any description under and within the meaning of "The Liquor Acts, 1912 to 1961," is in force, of not less than three offences committed whilst the license in question was held by any one and the same person, against any of the provisions of- (i) subsection (1) of this section; (ii) sections one hundred and six, one hundred and eight, or one hundred and fifteen of this Act; or

Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 (iii) subparagraph (c) of paragraph (viii) of subsection (1) of section four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961," the Licensing Commission appointed and constituted under "The Liquor Acts, 1912 to 1961," shall, upon application in that behalf made by the Inspector of Police in charge of the Police District wherein such place is situated, suspend for a period of seven days the aforesaid license, and such suspension shall during the period thereof have the same effect as a cancellation of the license. (b) For the purposes of this subsection only offences committed after the enactment of this subsection wherefor a person has been convicted and in respect of the first and second whereof the notice prescribed by subsection (4) of this section has been served by the Inspector of Police shall be taken into account. (c) Subject to paragraph (b) of this subsection, all offences mentioned in subparagraphs (ii) or (iii) of paragraph (a) of this subsection shall be taken into account for the purposes of this subsection whether committed by the same or different persons. (4) Upon the conviction of any person for an offence against any of the provisions of- (a) subsection (1) of this section; (b) sections one hundred and six, one hundred and eight or one hundred and fifteen of this Act; or (c) subparagraph (c) of paragraph (viii) of subsection (I) of section four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961," committed in relation to any place in respect whereof a license of any description under and within the meaning of "The Liquor Acts, 1912 to 1961," is in force, the Inspector of Police in charge of the Police District wherein such place is situated may serve on the holder of such license a notice. (5) The notice referred to in subsection (4) of this section shall- (a) be in writing and signed by the Inspector of Police; (b) contain particulars of the offence concerned sufficient to identify it; (c) warn the person to whom it is directed of the liability to suspension of the license concerned imposed by subsection (3) of this section; (d) if it is the second notice, state that the warning thereby conveyed is final. 329

330 Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 (6) Where, at any time after a license of any description under and within the meaning of "The Liquor Acts, 1912 to 1961," has been suspended under subsection (3) of this section during which that license continues to be held by the person who held it when it was so suspended, such person or any other person commits, in relation to the place in respect whereof that license is in force, an offence against any of the provisions of- (a) subsection (1) of this section; (b) sections one hundred and six, one hundred and eight or one hundred and fifteen of this Act; or (c) subparagraph (c) of paragraph (viii) of subsection (1) of section four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961," wherefor he is convicted, the Licensing Commission appointed and constituted under "The Liquor Acts, 1912 to 1961," may, subject to subsection (7) of this section, upon application in that behalf by the Inspector of Police in charge of the Police District wherein such place is situated, suspend the aforesaid license for a period of twenty-eight days or, if in the circumstances the said Commission deems a longer period of suspension to be warranted, for such period longer than twenty-eight days as it shall fix, and such suspension shall during the period thereof have the same effect as a cancellation of the license. (7) The said Commission shall not, under subsections (3) or (6) of this section, suspend any license unless and until it has given to the holder thereof an opportunity to appear before it and to show cause why the license should not be suspended or if the licensee shows such cause to its satisfaction.'' PART III-AMENDMENTS OF "THE VAGRANTS, GAMING, AND OTHER OFFENCES ACTS, 1931 TO 1961" 22. Collecttfe tide. "11,e Vagrants, Gaming, and Other Offences Acts, 1931 to 1961," and this Part III of this Act may be collectively cited as "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1962.'' 23. Amendment of s. 4 of 22 Geo. V, No. 27. Section four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961," is amended by adding thereto the following subsection:- "(3) A person convicted under subparagraph (c) of paragraph (viii) of subsection (1) of this section of being a vagrant for that, on a date after the date of the passing of "The Racing and Betting Acts and Another Act AmPndment Act of 1962," he had in his custody or possession any instrument of gaming used, or apparently used or capable of being used, or any instrument in the opinion of the Court kept or used, for any purpose of or connected with betting on horse racing (including the racing of trotting horses) shall, in lieu of the penalty prescribed by subsection (1) of this section, be liable- (a) for a first offence, to a penalty of not less than one hundred and fifty pounds or more than two hundred pounds;

Racing and Betting Acts, Etc., Amendment Act of 1962, No. 40 (b) for a second offence, to a penalty of not less than two hundred and fifty pounds or more than five hundred pounds and to imprisonment for a term of not less than fourteen days or longer than three months; and (c) for a third or subsequent offence, to a penalty of not less than five hundred pounds or more than seven hundred and fifty pounds and to imprisonment for a term of not less than twenty-eight days or longer than six months." 331