ment thereof, and also every banker, croupier, or other person acting in any manner in conducting any common gaming house, room, premises, or place. (Summary or indictable).

P. Fine not exc. £100; or, at discretion, impr., with or without h. 1., for not exc. 6 cal. m. If fine adjudged be not paid, to be recovered either by distress, (s. 19 of 11 & 12 Vic., c. 43), or according to the procedure 5 W. IV., No. 22, (s. 10 of 14 Vic, No. 9). See "Justices, Recovery of Fines," post, where s. 1 of 5 W. IV., No. 22, is given at length.

N.B.-Upon conviction, all moneys and securities for money seized, as aforesaid, (Note L) shall be forfeited. (S. 1).

S. Id., s. 1. [Two Justices].—(2) Any person being found in such house, room, premises, or place, without lawful excuse.

P. Fine not exc. £5: to be recovered as offence (1). (N) See R. v. Cullen & others, post, Part III.

S. Id., s. 10. [Two Justices].-(3) Any person in any respect offending against this Act, or any provision therein, (where no other penalty in that behalf is by this Act specifically imposed).

P. Fine not exc. £20: to be recovered as offence (1).

For offences of this kind under the Publican's Act, (s. 36), see, post, "Publican."

M. at Com. Law. Bail comp.-(1) Keeping a common gaming-house. P. Fine or impr., or both.

given, (see Forms, post, Part III.), on complaint, on oath, that there is reason to suspect any house, room, premises, or place to be kept or used as a common gaming-house, to enter such house, and to arrest all such (sic!) persons found therein, and to seize all tables and instruments of gaming, moneys, &c., found therein, to be dealt with according to law; and, by s. 4, Justices may order all such tables and instruments of gaming to be destroyed.

(M) Sec. 2 defines what shall be deemed to be a common gaming-house, by enacting that " In default of other evidence in proving any house or place to be a common gaming-house, it shall be sufficient to prove that a house, room, premises, or place is kept or used for playing at any unlawful game, and that a bank is kept there by one or more of the players exclusively of the others, or that the chances of any game played are not alike favourable to all players, including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play, or bet;" and, by s. 3, It is not necessary to prove that any person found playing at any game was playing for money, wager, or stakes; and further, by s. 4, that, "Where any cards, dice, balls, counters, tables, or other instruments of gaming used in playing any unlawful game, shall be found in any house, &c., suspected to be used as a common gaming-house, and entered under a warrant, &c., or about the person of any of those who shall be found therein, it shall be evidence, until the contrary be made to appear, that such house, &c., is used as a common gaming-house." By s. 5, Persons required to be examined as witnesses, and making a full discovery, are to be freed from all penalties and prosecutions to which they may be liable for such unlawful gaming.

Constables are empowered to visit houses, &c., where any public table or board is kept for playing at billiards, bagatelle, bowls, fives, racket, quoits, skittles, or nine-pins, or any game of the like kind, when and so often as such constable shall think proper. (S. 6).

(N) Appeal, Procedure].-An appeal is allowed by s. 10, according to procedure of 5 W. IV., No. 22; (see“ Appeal"); and the same section enables the proceedings to be by summons, without information.

M. 14 Vic., No. 9, s. 7. (0) Bail disc.-(2) Any person, by any fraud or unlawful device, or ill practice, in playing at or with cards, dice, table, or other game, or in bearing a part in the stakes, wagers, or adventures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, past-time, or exercise, winning from any other person to himself or any other or others, any sum of money or valuable thing, shall be deemed guilty of obtaining such money, &c., under a false pretence.

P. Tr. 7 yrs.; or fine, or impr. with h. 1. & s. c., or both, (7 & 8 G. IV., c. 29, s. 53); or h. 1. on roads 5-3 yrs. (if male). (See "False Pretences."

GAOL.

See "ESCAPE," "Lock-Up."

S. 4 Vic., No. 29, s. 8. One Justice].-(1) Any gaoler, turnkey, or other person employed in any gaol, prison, or house of correction, refusing admittance to, or offering any hindrance or obstruction to, any Justice when entering and examining any gaol, &c.

P. Fine £10: (P) (9) to be levied by distress; in default of distress, impr. not exc. 6 mths. (S. 18 of 4 Vic., No. 29; and ss. 19 & 22 of 11 & 12 Vic., c. 43).

S. Id., s. 11. (R) One Justice].-(2) Any person carrying, bringing,

(0) In any indictment under s. 7, it is not necessary to state to whom the money belonged; and, quære, whether, in order to constitute an offence under the statute, it is necessary that any money should be actually obtained. (R. v. Moss, 26 L. J. M. C.) It may be added that, under s. 8, a foot-race is within the proviso, (Batty v. Marriott, 5 Č. B., 818); but sweeps on horse-races are still illegal, as lotteries. (Gatty v. Field, 9 Q. B., 431). By betting on horse-races or other matters no penalty is incurred; and see Varney v. Hickman, 5 C. B., 271; and 24 L. J. Ex., 174.

(P) Recovery of Penalties].-By s. 18, All fines, forfeitures, and penalties imposed by this Act, or by any rule made in pursuance thereof, shall be levied by distress and sale of the offender's goods and chattels, by warrant of the convicting Justice or Justices; and for want of sufficient distress, such offender shall be committed to gaol for any term, not exc. 6 cal. m.

(Q) Appeal.-By s. 20, Any person aggrieved by any conviction, may appeal to the Quarter Sessions within 4 cal. m. after the cause thereof shall have arisen, on giving at least ten clear days' notice, in writing, to the convicting Justices and the Clerk of the Peace, and, within two days after such notice, entering into recognizances before some Justice of the district, with two sufficient sureties, conditioned to try such appeal, and abide the order of, and pay such costs as awarded by, the Court.

(K) Power of Visiting Justice, &c].-By s. 12, The visiting Justice shall have power to hear and determine all complaints touching any of the following offences, that is to say:-Disobedience of the rules of the prison; assaults by one person confined in such gaol upon another, where no dangerous wound or bruise is given; profane cursing and swearing, any indecent behaviour, and any irreverent behaviour at or during divine service or prayer, all which are hereby declared to be offences under this Act, if committed by any description of prisoners whatsoever, confined within any such gaol, prison, or house of correction; and the said visiting Magistrate shall also hear and determine all complaints of idleness or negligence in work, or wilful mismanagement of work; which are also hereby declared to be offences under this Act, if committed by any prisoner under conviction for any crime; and if the party complained of shall be convicted of any of

or attempting or endeavouring to carry or bring, into any prison to which the provisions of this Act shall extend, any spirituous or fermented liquor.

P. Impr. for not exc. 3 mths., without bail or mainprize, unless offender immediately pay not exc. £20, nor less than £10, (11 & 12 Vic., c. 43, s. 23); or, (if a convict, under unexpired term of transportation), h. 1., in irons, on public works, for not exc. 2 yrs.

F. Id., s. 14. Bail disc.-Any person conveying, or causing to be conveyed, into any prison or house of correction, any mask, visor, or other disguise, or any instrument or arms proper to facilitate the escape of any prisoner, and the same delivering or causing to be delivered to any prisoner, or other person for the use of such prisoner, without the consent and privity of the keeper of such prison, &c.; or any person, by any means whatsoever, aiding and assisting any prisoner to escape from any prison, &c.

P. Tr., not exc. 14 yrs.; or (if male) h. 1. on reads 10-5 yrs.; (if female), impr. 5-3 yrs., h. or 1. 1. and s. c.

Gaols, their Management, &c.]—(4 Vic., No. 29).-By s. 1, All the buildings and enclosures now used and supported by Government as public gaols, prisons, and houses of correction, shall continue to be such. By s. 2, The Governor may, by proclamation, appoint places to be used as public gaols, &c. By s. 3, The Sheriff of New South Wales shall have control of all gaols, &c., and custody of all prisoners confined therein, and shall appoint keepers, &c., subject to the approval of the Governor ;— the House of Correction at Carter's Barracks, Sydney, and such other houses of correction detached from any gaol or prison, or separated therefrom by a substantial wall, as the Governor may think fit, being exempted from the Sheriff's control, and being under the exclusive control of visiting Justices. By s. 4, The Judges of the Supreme Court are empowered to order imprisonment of offenders in any gaol or house of correction. By s. 5, All gaols, &c., shall be governed by regulations made by the Governor: Provided that all rules and regulations for the management of debtors' prisons shall be made by the Judges of the Supreme Court of New South Wales. By s. 6, Gaols shall be also houses of correction and debtors' prisons, unless otherwise appointed. By s. 7, The Governor may appoint visiting Justices; and every visiting Justice so appointed shall be required to visit such gaol, prison, or house of correction, at least once

the offences aforesaid, it shall be lawful for the said visiting Justice to sentence such party to be confined in a solitary cell, on bread and water, for any term not exceeding seven days.

Repeated Offences].—S. 13. In case any prisoner under sentence for any crime shall be guilty of repeated offences against the rules of the prison, or of any greater offence than hereinbefore mentioned, upon complaint thereof to two or more Justices of the Peace, of whom the visiting Justice may, or may not, be one, such Justices shall have power, upon oath, to inquire into and to determine the matter of such complaint, and to order the offender, on conviction, to be punished by close confinement, for any term not exceeding one calendar month, or by personal correction, in case of prisoners convicted of felony, or sentenced to hard labour.

K

in every week, unless prevented by illness or other sufficient cause, and shall from time to time make such reports to the Colonial Secretary as may be required by order of the said Governor; and every Justice may, as often as he may think fit, enter and examine any gaol, prison, or house of correction. (S. 8). By s. 9, The Sheriff or visiting Justice may order all persons sentenced to imprisonment without hard labour, to be set to some labour not severe, except such prisoners as maintain themselves: Provided that no prisoner who has the means of maintaining himself shall have any claim to be supplied at the public expense.

Separate Confinement].-By s. 10, To prevent contamination, the Sheriff · or visiting Justice may order any prisoner to be separately confined during the whole or any part of his (or her) imprisonment, such not to be deemed solitary confinement within the meaning of any Act forbidding the continuance of solitary confinement for more than a limited time: Provided that no cell shall be used for the separate confinement of any prisoner, unless of such a size, and so ventilated and lighted, that he (or she) may be confined therein without injury to health; and every prisoner so confined shall be allowed such air and exercise as shall be deemed necessary by the surgeon.

Removal of Prisoners].—By s. 15, Whenever it shall appear to the Governor that it is necessary that the confinees in any public gaol, prison, or house of correction, should be removed therefrom, in order that the same may be repaired, improved, enlarged, or rebuilt, or on account of any contagious or infectious disease therein, or of the over-crowded state of such gaol, &c., or for any of the purposes of this Act; and due notice thereof, in writing, shall, by the Governor's order, be given to the Sheriff, such Sheriff may remove such confinees, or any of them, to such other gaol, prison, house of correction, or other place of confinement within his jurisdiction as the said Governor shall appoint and consign them to during the time such gaol, &c., shall be repairing, &c.; and when such gaol, &c., shall be made fit for the reception, &c., of such confinees, the Sheriff may remove back thereto such prisoners as shall then be in his custody; and also, upon the proclamation of any newly-erected gaol, &c., the Sheriff may remove all prisoners in his custody in such place, &c., to such gaol, &c., according to their respective sentences. And see "Prisoners."

Removal on account of Disease or other Emergency].-S. 16. Whenever any contagious disease or other emergency shall render necessary the immediate removal of the confinees from any gaol, &c., and it shall be, previously, impossible to obtain the Governor's order, the visiting Justice or Police Magistrate of the district shall issue an order to the keeper to remove such confinees, or any of them, to such other prison as specified in such order: Provided that such removal shall be so restricted in duration as required in similar removals by the Governor's order; and every such order of the visiting Justice or Police Magistrate, with the causes thereof, shall be notified to the Governor and the Sheriff: Provided, further, that no such removal shall be deemed to be an escape, and nothing herein shall discharge the Sheriff or other officer from being answerable for any prisoner's escape. By s. 17, The Sheriff, or his deputy, may remove any prisoner from any gaol to any other gaol, being also under his control, or, in case of illness, to any hospital or infirmary, as occasion shall require, aiter obtaining leave on application to a Judge of the Supreme Court.

GAOL RULES.

I.-In all cases where the building will allow of separate classification, the prisoners are to be divided into three classes :—

1. Debtors and others confined for contempt on civil processes.

2. Prisoners committed on charges of felony or misdemeanor, or for
want of sureties, and prisoners convicted of misdemeanors.
3. Prisoners convicted of felony.

FEMALE WARDS.

II.-There shall be separate wards for females, in which the foregoing classification shall be observed as far as possible; and in every prison where there are female wards, there shall be a Matron, and such other female officer as may be necessary.

III. In the gaols where there are female wards, there shall be separate keys for such wards, and neither the keeper of the gaol nor any of his male turnkeys or other officers, shall go into such wards, except in company with the Matron.

INFIRMARY.

IV. A convenient and suitable apartment within the gaol shall be set apart and appropriated as an Infirmary, for the reception of sick and diseased prisoners; and a separate one for females.

CLEANLINESS.

V.-The walls, ceilings, passages, and cells of every prison, used by the prisoners, shall be lime-washed at least once in each and every year, and oftener if requisite; and all the wards, cells, and passages used by the prisoners shall be daily swept, cleansed, and ventilated; and all filth or rubbish removed to the place appropriated for the deposit of it.

HEALTH.

VI.-All prisoners confined within any prison shall be allowed as much air and exercise as may be deemed proper (consistently with their safe custody) for the preservation of health; and for such purpose, places shall be allotted for the different classes respectively, as circumstances will permit.

NO MONEY TO BE GIVEN.

VII. No money or other valuable consideration, under the name of garnish, or under any other name, shall be taken from any prisoner on his or her entrance into or departure from prison, or for his or her accommodation in the prison, or for the use of any furniture or utensils, or under any other pretence whatever.

ADMISSION OF FOOD AND CLOTHING FOR CERTAIN DESCRIPTION OF PRISONERS.

VIII.-Prisoners confined for debt, or committed for trial, shall be allowed to procure for themselves, and to receive at proper hours, any food, bedding, clothing, or other necessaries, subject to a strict examina