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of skill have accordingly been held by the Courts not to come within the Lottery Acts. Such schemes are sometimes scarcely distinguish- able from lotteries, and the fact that the promoters of a particular scheme call it a competition is, of course, not conclusive. It is necessary to examine the scheme carefully to ascertain its true character. By way of illustration, it may be mentioned that the Golden Ballot was held by a Magistrate in London not to be a lottery, the decision being reported in the Daily Telegraph of the 6th February, 1922.
22. The law draws no distinction between lotteries by reason of the object for which they are promoted. A public lottery promoted in aid of a charity is in law no different from one promoted for the promoter's personal gain. The Police should accordingly make no discrimination between lotteries on this ground.
23. Further, it is in law immaterial whether the prizes are presented free of charge to the promoters or are purchased by the promoters out of the monies subscribed to the lottery by the purchasers of the tickets.
24. It is also immaterial whether or not the promoters receive any expenses or other remuneration out of the monies subscribed by the purchasers of the tickets.
25. It is open to doubt whether a scheme in which the chances or tickets are given entirely free of charge and where the result of the draw is communicated also free of charge and the prize is given to the winner without any payment whatever is an illegal lottery; but if any consideration passes from the ticket holder in a lottery, it is clear that the lottery is illegal. In actual fact, no public schemes are for obvious reasons conducted without payment or other consideration on the ticket holder's part. Sometimes a ticket in a lottery is included in an article (e.g., a packet of tea) purchased from a trader. In such cases the purchase money paid to the trader is on a true view paid in respect of the ticket as well as of the article and the law against lotteries cannot, therefore, be evaded in this way.
26. No permission should be given by the Police for the holding of a lottery or a competition in the nature of a lottery, and it is the practice of the Home Department to refuse to advise inquirers that a competition is legal, since it is a matter for the Courts to decide if. however, the competition appears to be illegal, the inquirer is so informed and warned.
27. When a public lottery is brought to the notice of the Police, and there is no reason for thinking it fraudulent, a warning should generally in the first instance, be given as soon as possible: where the warning is disregarded or the lottery thought to be fraudulent, proceedings should be instituted against the promoters and printer, under the Lottery Acts, and if the printer has failed to print his imprint on the tickets, it is generally desirable to prefer a charge also under the Newspapers, Printers and Reading Rooms Repeal Act, 1869, on the necessary consent (see page 10) being obtained. Further, in the case of schemes where the legality or illegality is open to doubt, the Police are fully justified in instituting proceedings wherever they have suspicion for thinking that the scheme is a swindle.
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Money-lenders Act, 1900.
28. All prosecutions under this Act, which are not instituted by private persons, are undertaken by the Director of Public Prosecu- tions and proceedings should not be instituted by the Police, save under his direction. Any suspected offence against the Act which comes to the notice of the Police should be reported to the Director of Public Prosecutions, through whom the Attorney-General's fiat for proceedings under section 2 (1) (a) of the Act should be obtained.
Passenger Steamers, Overcrowding of.
29. The law on the subject is contained in sections 283, 680 and 684 of the Merchant Shipping Act, 1894, and section 22 of the Merchant Shipping Act, 1906.
30. Section 699 of the Act of 1894 allows a Court of Summary Jurisdiction to direct the whole or a part of any fine imposed in respect of overcrowding to be applied towards paying the costs of the proceedings.
31. The Police should take all measures in their power to enforce these provisions. The Board of Trade will be prepared, on applica- tion being made to them, to supply certified copies of the Passenger Certificate of any vessel, showing the number of passengers which may legally be carried.
Passports obtained by improper means.
32. The Foreign Office desires to be informed of all cases in which British passports which may have been originally obtained by improper means, are found in the possession of persons who come under the notice of the Police on conviction of crime or otherwise. The Foreign Office also desires that the passports themselves should, if possible, be submitted, with a view to inquiry being made as to the circumstances in which they were obtained, and what right the holders had to them.
33. If, therefore, any such case comes to the knowledge of the Police, a full report of the circumstances should be furnished to the Home Office, together with the passport itself if the Police have it in their possession or can obtain it.
Prostitution, Living on the proceeds of.
34. Section 7 of the Criminal Law Amendment Act, 1912, substan- tially amends the Vagrancy Act, 1898, with the following result :-
(i) Every male person who-
(a) knowingly lives wholly or in part on the earnings of
prostitution; or
(b) in any public place persistently solicits or importunes
for immoral purposes,
shall be deemed a rogue and vagabond within the meaning of the Vagrancy Act, 1824, and may be dealt with accord- ingly. (1898, Section 1 (1).)
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