Substitution
for Ordin- ance No. 2. of 1891, s. 17.
Forfeiture of imple- ments of
gaming or gambling, betting slips and money.
New section 18 for Ordinance No. 2 of 1891.
Saving of
matters authorised by Ordin-
ances No. 40
of 1931, No. 17 of 1933 and
No. 26 of 1934.
2004
13. Section 17 of the Gambling Ordinance, 1891, is repealed and the following section is substituted therefor:-
17. Where any persons are found gaming, gambling or betting in the street all implements of gaming or gambling, all betting slips, and also all money in actual use for any such purpose or found in the posession of such persons may be forfeited by the magistrate.
14. The following new section is inserted in the Gambling Ordinance, 1891, as section 18 thereof:-
18. Nothing in this Ordinance shall be deemed to restrict anything authorised by the Betting Duty Ordinance, 1931, as amended by the Betting Duty Amendment Ordinance, 1933, and by the Betting Duty Amendment Ordinance, 1934.
Objects and Reasons.
1. Section 3 of this Ordinance amends the principal Ordinance, No. 2 of 1891, by adding to the definition of "Common gaming house" a paragraph relating to betting and receiving deposits on bets generally on the lines of sections 1 and 2 of the Betting Act, 1853, (16 and 17 Vict. c. 119).
14
2. Section 3 of this Ordinance also adds a definition of "gaming" which is not defined in the principal Ordinance though it appears in sections 8 and as used in a sense applicable to and including the playing of the games mentioned in paragraph (1) of the definition of "Common gaming house". Moreover in the principal Ordinance "gambling" is defined as applying to and including lotteries whereas it is clearly used in sections 10, 11, 13, 15, 16 and 17 as applying to and including the said games as well as to lotteries. After this amending Ordinance the word "gaming" will be used as applicable to unlawful games and the word "gambling" as applicable to unlawful lotteries.
3. Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 effect consequential amendments in the principal Ordinance and sections 12 and 13 forbid street betting as well as street gaming and gambling.
4. Section 14 saves expressly the forms of betting and lotteries authorised by the Betting Duty Ordinance, No. 40 of 1931, as amended in 1933 and 1934.
C. G. ALABASTER,
Attorney General.
December, 1935.