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Lotteries And Betting - Gaming And Betting (Ss 19-23)

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19.     Gaming houses

 

            (1) Any person being the owner or occupier, or having the use of any house, room or place, who opens, keeps or uses it for the purpose of unlawful gaming being carried on therein and any person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept or used by any other person for the purpose of unlawful gaming,and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for the purpose of unlawful gaming, is said to keep a common gaming house.

            (2) In this section "unlawful gaming" means any game, other than a game the playing of which is authorized by law, the chances of which are not alike favourable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet.

            (3) Any person who keeps a common gaming house is guilty of an offence.

            (4) Any person other than the persons mentioned in subsection (1) who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming, and is guilty of an offence, and is liable to a fine not exceeding P10 for the first offence, and for each subsequent offence to a fine not exceeding P40 or to imprisonment for a term not exceeding three months, or to both.

 

20.     Gaming machines

 

            (1) Except as provided in the Casino Act or any other enactment, no person shall use or operate a machine which-

     (a)     is constructed or adapted for playing a game of chance by means of the machine; and

     (b)     has a slot or other aperture for the insertion of money or money's worth in the form of cash or tokens.

            (2) The reference in subsection (1) to playing a game of chance by means of a machine includes playing a game of chance partly by means of a machine and partly by other means if the element of chance in the game is provided by means of the machine.

            (3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.

 

21.     Betting houses

 

            (1) Any house, room or place which is used for any of the following purposes, that is to say-

     (a)     for the purpose of bets being made therein between persons resorting to the place and-

           (i)       the owner, occupier, or keeper of the place, or any person using the place;

          (ii)       any person procured or employed by or acting for or on behalf of any such owner, occupier or keeper, or person using the place; or

          (iii)       any person having the care or management, or in any manner conducting the business, of the place; or

     (b)     for the purpose of any money or other property being paid or received therein by or on behalf of any such owner, occupier or keeper, or person using the place, as, or for the consideration-

           (i)       for an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise; or

          (ii)       for securing the paying or giving by some other person of any money or other property on any such event or contingency,

is called a common betting house.

            (2) Any person who, being the owner or occupier of any house, room, or place, knowingly and wilfully permits it to be opened, kept or used, as a common betting house by another person, or who has the use or management, or assists in conducting the business, of a common betting house, is guilty of an offence and is liable to imprisonment for a term not exceeding one year:

            Provided that nothing contained herein shall make illegal the use of a totalizator by a race-club, gymkhana club or sports club recognized by the Government at any public meeting, with the approval in each case of the Commissioner of Police.

 

22.     Lotteries

 

            (1) Any person who opens, keeps or uses any place for carrying on a lottery other than a lottery authorized by law is guilty of an offence and liable to imprisonment for a term not exceeding six months.

            (2) Any person who prints or publishes, or causes to be printed or published, any advertisement or other notice of or relating to a lottery, not being a lottery authorized by law, or of or relating to the sale of any ticket or chance or of any share in a ticket or chance in any lottery other than a lottery authorized by law is guilty of an offence and liable to a fine not exceeding P100.

            (3) In this section "lottery" includes any scheme or device for the sale, gift, disposal, or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the drawing of tickets, cards, lots, numbers, or figures, or by means of a wheel or trained animals, or otherwise howsoever.

            (4) When any person is convicted of an offence under this section, the court may, in addition to or in lieu of; any penalty which may be imposed, order the forfeiture to the State of any instrument or thing used in connection with the lottery concerning which the conviction has taken place.

 

23.     Keeper of premises defined

 

            Any person who appears, acts, or behaves as master or mistress, or as the person having the care or management of any such house, room, set of rooms, or place as is mentioned in sections 19, 21, and 22 is to be taken to be the keeper thereof, whether he is or is not the real keeper.