Preamble. Making pretended contracts of sale stocks, goods, &c., or abet ting the same. CHAPTER 42. An Act respecting Gaming in Stocks and Merchandise. [Assented to 22nd May, 1888.] HEREAS gaming and wagering on the rise and fall in value of stocks and merchandise are detrimental to commercial and public morality, and places affording facilities for such gaming and wagering, commonly called bucket shops, are being established; and it is expedient to prevent such gaming and wagering, to punish the persons engaged in them, and to prohibit and punish the opening and maintaining of places therefor, and the frequenting thereof: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Every one who, (a.) With the intent to make gain or profit by the rise or or purchase of fall in price of any stock of any incorporated or unincorporated company or undertaking, either in Canada or elsewhere, or of any goods, wares or merchandise, and without the bona fide intention of acquiring any such shares, goods, wares or merchandise, or of selling the same, as the case may be, makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of any such shares of stock, goods, wares or merchandise; and every one who acts, aids or abets in the making or signing of any such contract or agreement; or Making such contracts without intent to execute, or abet (b.) With the intent to make gain or profit by the rise or fall in price of any stock of any incorporated or unincorporated company or undertaking, either in Canada or elsewhere, or of ting the same, any goods, wares or merchandise, makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of any such shares of stock, goods, wares or merchandise, in respect of which no delivery of the thing sold or purchased is made or received, and without the bona fide intention to make or receive such delivery; and every one who acts, aids or abets in the making or signing of any such contract or agreement— Penalty. Exception. Is guilty of a misdemeanour and liable to imprisonment for any term not exceeding five years, and to a fine not exceeding five hundred dollars; but the foregoing provisions shall not apply to cases where the broker of the purchaser receives delivery, on his behalf, of the article sold, notwithstanding that such broker retains or pledges the same as security for the advance of the purchase money or any part thereof; of places 2. Every one who habitually frequents any office or place Punishment wherein the making or signing, or procuring to be made or of frequenters signed, or the negotiating or bargaining for the making or sign- where such ing of such contracts of sale or purchase, as aforesaid, is carried pretended on, is guilty of a misdemeanour and liable to one year's impris- used to be onment. contracts are made. proof of in 2. Whenever it is established that any person has made or Burden of signed any such contract or agreement of sale or purchase as tention. aforesaid, or has acted, aided or abetted in the making or signing of the same, the burden of proof of the bonâ fide intention to acquire or to sell such shares, goods, wares or merchandise, or to deliver or to receive delivery of the same, as the case may be, shall rest upon the person charged with an offence under this Act. such business deemed keep 3. Every one who, either as principal or agent, occupies, Keepers of uses, manages or maintains any office or place of business places where wherein he carries on, or aids in carrying on the business of is carried on, making or signing, or procuring to be made or signed, or nego- ers of gaming tiating or bargaining for the making or signing such contracts of houses. sale or purchase, as aforesaid, shall be held to be the keeper of a common gaming house, and such office or place of business shall be held to be a common gaming house, and the instruments used in such office or place of business for the conveyance of messages in respect of the purchase or sale, or pretended purchase or sale, of any such shares, goods, wares or merchandise, and the tablets, blackboards, slates or other imple- Instruments, ments used in registering or recording the prices of such &c., deemed shares of stock, goods, wares or merchandise, or the fluctuations gaming. therein, shall be held to be implements of gaming, the whole within the meaning of chapter one hundred and fifty-eight of the Revised Statutes of Canada, intituled "An Act respecting R.S.C., c. 158. Gaming Houses," and shall be subject to all the provisions of the said Act. implements of 4. In any prosecution under this Act the person accused Accused may shall be a competent witness on his own behalf. be witness in his own behalf. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. CHAPTER 43. An Act further to amend the law respecting Procedure in Criminal Cases. [Assented to 4th May, 1888.] Preamble. Sub-section 5 of s. 268 of R. S.C., c. 174 repealed; tion. HER Majesty, by and with the advice and consent of the lows: Senate and House of Commons of Canada, enacts as fol 1. The fifth sub-section of the section substituted by the Act passed in the session held in the fiftieth and fifty-first years of Her Majesty's reign, chapter fifty, for section two hundred and new-sub-sec- sixty-eight of "The Criminal Procedure Act" is hereby repealed and the following sub-section enacted in lieu thereof:"5. Notwithstanding any royal prerogative, or anything contained in "The Interpretation Act" or in "The Supreme and Exchequer Courts Act," no appeal shall be brought in any criminal case from any judgment or order of any court in Canada to any court of appeal or authority, by which in the United Kingdom appeals or petitions to Her Majesty in Council may be heard." No appeal to any court in the United Kingdom. Section 267 amended. 2. Section two hundred and sixty-seven of" The Criminal Procedure Act" is hereby amended by striking out in the second and third lines thereof the words "or any indictment, information, presentment or inquisition." OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 44. An Act further to amend "The Criminal Procedure Act." [Assented to 22nd May, 1888.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section two of chapter one hundred and seventy-four of Section 2 of the Revised Statutes of Canada, " The Criminal Procedure Act," R.S.C., c. 174 is hereby amended by adding the following paragraph there to : amended. 66 paper." "(.) The expression "newspaper' newspaper" means any paper con- Interpretataining public news, intelligence or occurrences, or any remarks tion. or observations thereon, printed for sale and published periodi- " Newscally or in any parts or numbers at intervals not exceeding twenty-six days between the publication of any two such papers, parts or numbers, and also any paper printed in order to be distributed and made public weekly or oftener, or at intervals not exceeding twenty-six days, and containing only or principally advertisements." newspaper. 2. Every proprietor, publisher, editor or other person Venue in case charged with the publication in a newspaper of any defamatory of libel in a libel shall be dealt with, indicted, tried and punished in the Province in which he resides, or in which such newspaper is printed. 3. Section one hundred and forty of the said Act is hereby Section 140 amended by adding to the list of offences therein mentioned amended. the offence of libel. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most R.S.C., c. 178 ss. 29 and 30 repealed; new sections. CHAPTER 45. An Act to amend chapter one hundred and seventyeight of the Revised Statutes of Canada, "The Summary Convictions Act." HER [Assented to 22nd May, 1888.] ER Majesty, by and with the advice and consent of the follows: 1. Sections twenty-nine and thirty of" The Summary Convictions Act" are hereby repealed and the following substituted in lieu thereof:— Summons to person likely to give material evidence. Service of summons. Warrant if such person fails to ap pear. "29. If it is made to appear to any justice, by the oath or affirmation of any credible person, that any person is likely to give material evidence on behalf of the prosecutor or complainant or defendant, and will not voluntarily appear as a witness at the time and place appointed for the hearing of the information or complaint, the justice shall issue his summons (E1) to such person, requiring him to be and appear at a time and place mentioned in the summons, before such justice, or any other justice in and for the territorial division, who shall then be there, to testify what he knows concerning the information or complaint; and such summons may be served by the constable, police officer or other person to whom the same is delivered as well beyond as within the territorial division of the justice who issued the same." "30. If any person so summoned neglects or refuses to appear at the time and place appointed by the summons, and no just excuse is offered for such neglect or refusal, then, after proof upon oath or affirmation of the summons having been served upon him, either personally or by leaving the same for him with some person at his last or most usual place of abode, the justice before whom such person should have appeared may, by his warrant, cause such person to be apprehended and forthwith brought before him to give evidence as required by such summons, and to answer for his disregard of the same; |