CAP. 148]
Obstructing entry of constable, etc., to be evidence of house being used as common gaming house.
c. 38, s. 2.
Gambling.
15. Where any police officer authorized under section 12 to enter any place is wilfully prevented from or obstructed or delayed in entering the same or any part thereof, or where any external or internal door of or means of access to any such place so authorized to be entered is found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying, or obstructing the entry into the same or any part thereof of any officer authorized as aforesaid, or for giving an alarm in case of such entry, or if any such place is found to be fitted or provided with any means or contrivance for gaming, gambling or betting, or with any means or contrivance for concealing, removing, or destroying any implements of gaming or gambling or betting slips, it shall be evidence (until the contrary is made to appear) that such place is a common gaming house within the meaning of this Ordinance, and that the persons found therein were unlawfully gaming therein.
[13]
Power to magistrate to require person apprehended to be sworn and give evidence.
c. 38, s. 5.
16. (1) It shall be lawful for any magistrate before whom any persons are brought who have been found in any place entered in pursuance of section 12 to require any of such persons to be examined upon oath and give evidence touching any gaming, gambling or betting in any such place or touching any act done for the purpose of preventing, obstructing, or delaying the entry into such place or any part thereof of any officer authorized as aforesaid; and no person so required to be examined as a witness shall be excused from being so examined when brought before such magistrate, or from being examined at any subsequent time by or before the same or any other magistrate or any court on any proceeding or the trial of any indictment, information, action or suit in anywise relating to such unlawful gaming, gambling or betting or any such acts as aforesaid, or from answering any question put to him, touching the matters aforesaid, on the ground that his evidence will tend to criminate himself.
(2) Any such person so required to be examined as a witness who refuses to make oath accordingly, or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person appearing as a witness before any magistrate or court in obedience to a summons or subpoena, and refusing, without lawful cause or excuse,
166
CAP. 148]
Obstructing entry of constable, etc., to be evidence of house being
used as common
gaming house.
c. 38, s. 2.
Gambling.
15. Where any police officer authorized under section. I 2 to enter any place is wilfully prevented from or obstructed or delayed in entering the same or any part thereof, or where any external or internal door of or means of access to any such place so authorized to be entered is 17 & 18 Vict. found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying, or obstructing the entry into the same or any part thereof of any officer authorized as aforesaid, or for giving an alarm in case of such entry, or if any such place is found to be fitted or provided with any means or contrivance for gaming, gambling or betting, or with any means or contrivance for concealing, removing, or destroy- ing any implements of gaming or gambling or betting slips, it shall be evidence (until the contrary is made to appear) that such place is a common gaming house within the meaning of this Ordinance, and that the persons found therein were unlawfully gaming therein.
[13]
Power to magistrate to require person apprehended
to be sworn
and give evidence.
c. 38, s. 5.
16. (1) It shall be lawful for any magistrate before whom any persons are brought who have been found in any place entered in pursuance of section 12 to require any of such persons to be examined upon oath and give 17 & 18 Vict. evidence touching any gaming, gambling or betting in any such place or touching any act done for the purpose of preventing, obstructing, or delaying the entry into such place or any part thereof of any officer authorized as afore- said; and no person so required to be examined as a witness shall be excused from being so examined when brought before such magistrate, or from being examined at any subsequent time by or before the same or any other magistrate or any court on any proceeding or the trial of any indictment, information, action or suit in anywise relating to such unlawful gaming, gambling or betting or any such acts as aforesaid, or from answering any question put to him, touching the matters aforesaid, on the ground that his evidence will tend to criminate himself.
(2) Any such person so required to be examined as a witness who refuses to make oath accordingly, or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person appearing as a witness before any magistrate or court in obedience to a summons or subpoena, and refusing, without lawful cause or excuse,
166
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