Gaming Act 1894
Gaming Act 1894
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Gaming Act 1894
Gaming Act 1894
Public Act |
1894 No 20 |
|
Date of assent |
17 September 1894 |
|
Contents
An Act to amend the Law concerning Gaming.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Gaming Act, 1894,”
and it shall be read and construed as a part of “The Gaming and Lotteries Act, 1881”
(herein referred to as “the principal Act”
).
2 Money paid or promised to be paid in connection with gaming transactions not recoverable at law.
Any promise, express or implied, to pay any person any sum of money paid by him under or in respect of any contract or agreement rendered null and void by the principal Act, or to pay any sum of money by way of commission, fee, reward, or otherwise in respect of any such contract, or of any services in relation thereto or in connection therewith, shall be null and void, and no action shall be brought or maintained to recover any such sum of money, or any sum of money won, lost, or staked in any betting transaction whatever.
3 Making bet with or inviting an infant to bet, an offence.
(1.)
If any person makes any bet or wager with any person whom be knows to be an infant, or with any person on his behalf, or if any one, for the purpose of earning any commission, reward, or other profit, sends or causes to be sent to any such person any circular, notice, advertisement, letter, telegram, or other document which invites, or may reasonably be implied to invite, the person receiving it to make any bet or wager, or to enter into or take any share or interest in any betting or wagering transaction, or to apply to any person or at any place with a view to obtaining information or advice for the purpose of any bet or wager, or for information as to any race, game, sport, or other contingency upon which betting or wagering is generally carried on, he shall be guilty of an offence, and shall be liable, if convicted on summary conviction, to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding twenty pounds, or to both imprisonment and fine.
Selling totalisator tickets to or purchasing for an infant an offence.
(2.)
Any person having the management or control of any totalisator licensed under the provisions of the principal Act, or any person employed or acting in any capacity in connection with any such totalisator, who shall sell or deliver to any person whom be knows to be an infant, or to any person to his knowledge acting for any such infant, any ticket, card, or thing entitling, or purporting to entitle, any person to any interest in any division or distribution of any money by means of or in connection with the operation of such totalisator or in the result of any operation thereof, and any person who shall apply for, purchase, or receive any such ticket, card, or thing on behalf of any person whom be knows to be an infant, shall be guilty of an offence, and shall be liable, if convicted on summary conviction, to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding twenty pounds, or to both imprisonment and fine.
Person named in gaming circular to be deemed the sender.
(3.)
If any such circular, notice, advertisement, letter, telegram, or other document as in this section mentioned names or refers to any one as a person to whom any payment may be made, or from whom information may be obtained, for the purpose of or in relation to betting or wagering, the person so named or referred to shall be deemed to have sent or caused to be sent such document as aforesaid unless he proves that he had not consented to be so named, and that he was not in any way a party to, and was wholly ignorant of, the sending of such document.
Knowledge of infancy presumed where circular sent to infant at school, &c.
(4.)
If any such circular, notice, advertisement, letter, telegram, or other document as in this section mentioned is sent to any person at any university, college, school, or other place of education, and such person is an infant, the person sending or causing the same to be sent shall be deemed to have known that such person was an infant unless he proves that he had reasonable grounds for believing such person to be of full age.
Persons betting with apparent infants to be deemed to have knowledge of infancy.
(5.)
Any person who makes a bet with, or wagers with, or sells or delivers any ticket, card, or thing as in this section mentioned, or applies for or receives any such ticket, card, or thing for any person who is apparently an infant, shall, if such person is an infant, be deemed to have known that such person was an infant unless be proves that he had reasonable ground for believing, and did believe, such person to be of full age.
4 Laying totalisator odds or dealing totalisator tickets an offence.
Any person making or entering into a bet upon the result of a horse-race, whereby he agrees to pay to the other party to the said bet, if the latter should win the same, a sum of money the amount of which shall be dependent upon the result of the working of the totalisator on the said horse-race, and any person, not being a person lawfully conducting or employed in the working of a totalisator, who sells or offers for sale, and any person who purchases from him, any ticket, card, or thing entitling or purporting to entitle the purchaser or holder thereof to any interest in the result of the working of the totalisator on any horse-race, or makes any contract or bargain of any kind to pay or receive money upon an event determined, or to be determined, by the result of the working of the totalisator on any horse-race, shall be guilty of an offence, and shall be liable, on summary conviction, to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding twenty pounds, or to both imprisonment and fine.
5 Employment of or acting as an agent an offence.
Any person who sends, or causes to be sent, to any person any circular, notice, advertisement, letter, telegram, or other document requesting or inviting any such person to employ him as an agent, or offering his services as an agent, in purchasing any ticket or making any bet in connection with the working of any totalisator, or investing any money in connection with the working of any totalisator, and any person employing any person to act for him as agent as aforesaid, and any person acting as such agent, save any authorised agent of a racing club licensed to use the same, shall be guilty of an offence, and shall be liable, if convicted on summary conviction, to imprisonment with or without hard labour for a term not exceeding three months or to a fine not exceeding twenty pounds, or to both fine and imprisonment.
6 Limitation of totalisator licenses.
Notwithstanding anything contained in the principal Act, it shall not be lawful for the Colonial Secretary to grant in any one year more than two-thirds of the number of the licenses authorising the use of the totalisator that were issued in the twelve months commencing on the first day of August, one thousand eight hundred and ninety-two, and ending on the thirty-first day of July, one thousand eight hundred and ninety-three: Provided that the Governor in Council, to carry out the provisions of this section, shall issue regulations for the issue of licenses, and fixing the conditions on which licenses shall be issued.
This section shall not come into force until the thirty-first day of July, one thousand eight hundred and ninety-five.
7 No money or prize in respect of races, &c., recoverable at law.
No action shall be brought or maintained in any Court of law for recovering any sum of money or valuable thing alleged to be won by way of stakes or prize on any event or contingency of or relating to any horse-race, or other race, game, sport, or exercise.
Repeal.
The proviso to section thirty-three of the principal Act and section thirty-four thereof are hereby repealed.
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Versions
Gaming Act 1894
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