2. Whosoever, when arrested either on a warrant issued Having a pistol or air gun against him for an offence or whilst committing an offence, when arresthas upon his person a pistol or air gun, shall be liable on con- ed or when viction thereof to a fine of not less than twenty dollars or an offence. committing more than fifty dollars, or to imprisonment in any gaol or place of confinement for a term not exceeding three months. 3. Whosoever has upon his person a pistol or air gun, with intent therewith unlawfully and maliciously to do injury to any other person, shall be liable on conviction thereof, to a fine of not less than fifty or more than two hundred dollars, or to imprisonment in any gaol or place of confinement for a term not exceeding six months: or with in tent to injure any one. sumed. (2) The intent aforesaid may be prima facie inferred from Intent prethe fact of the pistol or air gun being on the person. arm at any person, with 4. Whosoever, without lawful excuse,points at another person Pointing fireany firearm or air gun, whether loaded or unloaded, shall be liable on conviction thereof, to a fine of not less than twenty out excuse. or more than fifty dollars, or to imprisonment in any gaol or place of confinement for a term not exceeding thirty days. 5. The seventy-fourth, seventy-fifth and seventy-sixth Sections 74, sections of the Act passed in the session held in the thirty- 33' V. c. 20 to 75, 76 of 32, second and thirty-third years of Her Majesty's reign, chapter apply. twenty, intituled "An Act respecting offences against the person," shall apply and extend to any offence against the second, third or fourth section of this Act. 6. Nothing in this Act contained shall prevent any person Not to prefrom being liable, under any other Act or otherwise, to any vent greater punishment if other or greater punishment than is provided for any offence incurred. by this Act; so, however, that no person be punished twice for the same offence. 7. Nothing in this Act contained shall be held to affect Exception as any right of any soldier, sailor or volunteer, in Her Majesty's to soldiers on service, constable or policeman, to carry loaded pistols in the discharge of his duty. duty. CHAP. Preamble. Any person keeping a place for recording bets or selling pools, &c. Is guilty of Punishment. CHAP. 31. An Act for the repression of Betting and Pool-selling. [Assented to 28th April, 1877.] ER Majesty, by and with the advice and consent of the follows: 1. In case any person uses or knowingly allows any part of any premises under his control to be used for the purpose of recording or registering any bet or wager, or selling any pool, or (2.) Keeps, exhibits, or employs, or knowingly allows to be kept, exhibited, or employed, in any part of any premises under his control, any device or apparatus, for the purpose of recording or registering any bet or wager or selling any pool, or— (3.) Becomes the custodian or depositary of any money, property, or valuable thing staked, wagered, or pledged, or (4.) Records or registers any bet or wager, or sells any pool, Upon the result (a) of any political or municipal election, or (b) of any race, or (c) of any contest or trial of skill or endurance of man or beast, Such person is guilty of a misdemeanor, and shall be misdemeanor: liable to be imprisoned in any common gaol for any term less than one year, with or without hard labour, and to a fine not exceeding one thousand dollars. into force 1st May, 1878, and not to extend to holders of stakes in Act to come 2. Provided always, that this Act shall not come into operation until the first of May, one thousand eight hundred and seventy-eight, and shall not extend to any person by reason of his becoming the custodian or depositary of any money, property or valuable thing staked, to be paid to the winner of any lawful race, sport, game, or exercise, or to the owner of any horse engaged in any lawful race, or to bets between individuals. certain cases. Sec. 2 of 32, 33 V., c. 32, amended as to cases under this Act. 3. The second section of the Act thirty-second and thirtythird Victoria, chapter thirty-two, intituled "An Act respecting the prompt and summary administration of Criminal Justice in certain cases," is hereby amended by adding after the words "bawdy house" in the sixth sub-section, the following: 1877. Repression of Betting and Pool-selling, &c. Chaps. 31, 32. 66 7. With having committed a misdemeanor under the Act passed in the fortieth year of Her Majesty's reign, intituled 'An Act for the repression of Betting and Poolselling.'" 113 CHAP. 32. An Act for the Prevention of Gambling Practices in certain Public Conveyances. [Assented to 28th April, 1877.] FOR the prevention of gambling practices in certain public Preamble. conveyances, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:- obtaining 1. Whosoever in any railway car, or steamboat, used Punishment as a public conveyance for passengers, by means of the of persons game commonly known as "three card monte,' or of money by any other game of cards, dice, or other instrument gambling in railway cars of gambling, or by any device of like character, obtains or steamboats from any other person any money, chattel, valuable security or property, shall be deemed guilty of the misdemeanor of having obtained the same unlawfully by false pretences, and shall be liable to be punished by imprisonment in any gaol or place of confinement for any term less than one year, with or without hard labour, and with or without solitary confinement; and every person aiding, encouraging, advi- Confederates to be punishsing or confederating with any person in the commis- able as prinsion of the said offence shall be deemed guilty thereof and cipals. liable to be punished in like manner, as a principal therein; and any attempt to commit such offence by actually engag ing any person in any such game with intent to obtain money or other valuable thing from him, shall be a misdemeanor, punishable in like manner as the offence itself. offence may 2. Such offence may be dealt with, inquired of, tried, Where the determined and punished as being committed either at the be tried and place where it actually took place, or in any district, county punished. or place through or adjoining to or by the boundary of any part whereof the railway car, or steamboat passed in the course of the journey or voyage during which the offence was committed, in the same manner as if it had been actually committed in such district, county or place. 3. It shall be lawful for and it shall be the duty of any Conductor or conductor, master or superior officer in charge of, and for master, or any clerk or employee when authorized by the conductor or thorized by 8 superior persons au them, shall arrest offenders. superior officer in charge in any railway train, or steamboat, station or landing place in or at which any such offence, as aforesaid, is committed or attempted, with or without warrant to arrest any person or persons whom he has good reason to believe to have committed or attempted to commit the same, and to take them before a Justice of the Peace, and How offend make complaint of such offence on oath, in writing; and the offender, whether arrested with or without a warrant, shall be dealt with and other proceedings had as if he had been arrested upon a warrant of such justice. ers shall be dealt with after arrest. Money, &c, 80 obtained to be dealt How this Act strued. 32, 33, V. c. 21 and 31. 4. Any money or valuable thing obtained by an offence against the first section of this Act, shall be dealt with as with as stolen. obtained by larceny from the person; and this Act shall be shall be con- interpreted as one Act with the "Act respecting Larceny and other similar Offences ;" and the "Act respecting the Duties of Justices of the Peace out of Sessions, in relation to persons charged with Indictable Offences," and other Acts relating to criminal law shall, so far as consistent with this Act, apply Fees to per- to proceedings under it; and any person arresting an sons arresting offender, with or without a warrant, and taking him before a Justice of the Peace, and otherwise complying with this Act in respect of such offender, shall be entitled to the same fees, payable in the same manner, as if he had so done under a warrant of such justice. an offender. Copies of Act to be posted. Penalty for default. 5 The company or persons owning or working any railway car or steamboat to which this Act applies, shall keep a copy thereof posted up in some conspicuous part of such conveyance, and any conductor, master or superior officer in charge who makes default in the discharge of any duty imposed on him by the third section, shall, on conviction thereof before a Justice of the Peace, be liable to a penalty of not less than twenty nor more than one hundred dollars. Preamble. CHAP. 33. An Act to amend the Act for the suppression of Gaming WHE Houses. [Assented to 28th April, 1877.] HEREAS it is expedient to amend the Act for suppressing Gaming Houses; Therefore Her Majesty, 38 V., c. 41 by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: amended. 1. The first section of the Act thirty-eighth Victoria, Section 1 chapter forty-one, intituled "An Act for suppressing Gaming Houses and to punish the keepers thereof," is hereby amended by inserting after the words "gaming house" in the eighth line, the words "whether admission thereto be limited to those possessed of entrance keys, or otherwise." 2. Section three of the said Act is hereby amended by Section 3 striking out all the words after the word "aforesaid" in the amended. fifteenth line thereof. seized to be 3. The police magistrate or other justice before whom any Instruments of gaming person is taken by virtue of any order or warrant under the said Act shall direct any cards, dice, balls, counters, tables or destroyed. other instruments of gaming used in playing any game, and seized under the said Act, in any place used as a common gaming house, to be forthwith destroyed. 4. Any person playing or looking on while any other Punishment of persons person is playing in a common gaming house is guilty of an found in a offence, and shall be liable on conviction thereof to a fine common of not less than twenty, nor more than one hundred dollars, house. gaming and in default of payment to imprisonment in the common gaol for a term not exceeding two months: Provided always, Proviso. that such person shall not be liable on his trial to examination under the sixth section of the Act by this Act amended. of Act. 5. The third and fourth sections of this Act shall be read Construction and taken as part of the Act by this Act amended. 6. The Act thirty-second and thirty-third Victoria, chapter 32-33 V., c. 32 thirty-two, intituled "An Act respecting the prompt and cases under summary administration of Criminal Justice in certain cases,' shall apply to cases arising under the fourth section of this Act. CHAP. 34. An Act to amend the Post Office Act, 1875. " section 4. [Assented to 28th April, 1877.] HE ER Majesty, by and with the advice and consent of the Preamble. follows: 17 of s. 72 of 1. Sub-section seventeen of section seventy-two of the Act Sub-section thirty-eighth Victoria, chapter seven, known as "The Post 38 V., c. 7 reOffice Act, 1875," is hereby repealed and the following sub- pealed, and stituted therefor : new one substituted. |