Mr. STRATTON.

I think the main object of the Bill has been accomplished by our going into committee, and if any hon. gentleman wishes to speak, I know of no reason why he should not.

On section 1,

Mr. McCOLL.

As I intimated to the House this afternoon that I proposed to move an amendment when the Bill got into committee, I desire now to do so. Similar legislation to this was passed by the British House of Commons as recently as 1905 or 1906. Hon. members who have observed the Votes and Proceedings are aware that when this matter was before the special committee, an amendment was moved to the effect that the English wording of the proposed amendments to the Criminal Code should be adopted instead of the wording by the promoters of the Bill, which follows the American legislation known as the Hughes law. But I think it will be conceded by every one who gives the matter consideration that the English Act as drafted by Lord Davie is in much better form. What I propose to move carries out all the amendments proposed by the promoters of the Bill, except only the saving clause at the end, which provides that these amendments shall not apply to what takes place on a race-course during the actual progress

of a race meet. I move that the following clause he substituted for the provisions of the Bill:

The provisions of sections 226, 227 and 228a and of this section shall not extend to any person by reason of his becoming the custodian or depository of any money, property or valuable thing staked, to be paid to the winner of any lawful sport, game or exercise, or to the owner of any horse engaged in any lawful race, or to bets between individuals, or to records of bets made on the race course of am incorporated association during the actual progress of a race-meeting, if the following proviso be observed in regard to such meeting, namely, that no such race-meeting shall continue for more than eight days of continuous racing on days on which such racing may be lawfully carried on, and that not more than two race-meetings shall be held on the same ground in one year, which meetings shall be separated by an interval of at l&ast twenty days between each race-meeting.

Without further discussion at the present time, I beg leave, seconded by Mr. Sifton, to move this amendment. I am moving to substitute the provisions of the English Act for the whole Bill.

Mr. GEORGE TAYLOR.

May I suggest to the Minister of Finance, now that this amendment has been read, and it will be printed to-morrow in the Votes and Pro-^r]?s' where.every member can read it, tnat the committee rise, report progress, and ask leave to sit again.

Mr W. F. MACLEAN.

I think tl amendments ought to be printed befo tile House to carry out what my hoi friend from Gananoque (Mr. Taylor) su

The amendment of my hon. friend has been read by the chairman. It is a new Bill altogether, taking the place of the Bill proposed. Thj

g *5e *n the possession of

both the Bill and the amended Bill, and 1 tnink the committee should rise in the meantime.

I intimated some time ago that I would ask the House to adjourn at. 11.30, and it is now close to that hour. I move that the committee rise, report progress and ask leave to sit again.

Mr. W. F. MACLEAN.

Is it understood that the whole of the amendment as proposed by the hon. member for Northumberland will appear in the Votes and Proceedings?

Mr. FIELDING.

Put them in ' Hansard ' and let the hon. member read them.

Mr. McCOLL.

I beg to move, seconded by Mr. Sifton, that the following be substituted for the Bill before the committee:

Sections 226 and 227 will remain the same.

Section 228 will read as follows:

228. Every one is guilty of an indictable offence and liable to one year's imprisonment who keeps any disorderly house, that is to say, any common bawdy-house, common gaming-house, or common betting-house, or opium joint, as hereinbefore defined. -

2. Any one who appears, acts or behaves as master or mistress, or as the person having the care, government, or management of any disorderly house, shall be deemed to be the keeper thereof, and shall be liable to be prosecuted and punished as such, although in fact he or she is not the real owner or keeper thereof. .

228A. 1. Every one is guilty of an offence who frequents or loiters in streets or public places, on behalf either of himself or of any other person, for the purpose of hook-making or betting, or wagering, or agreeing to bet or wager, or paying or receiving or settling bets, and shall

(a) In the case of a first offence be liable

on conviction to a fine not exceeding $

;

(b) In the case of a second offence be liable

on conviction to a fine not exceeding $

;

and

(c) In the case of a third oi subsequent offence, or in any case where it is proved that the person whilst committing the offence had any betting transaction with a person under the age of sixteen years, be liable on conviction to a fine not exceeding $

, or to imprisonment, with or without hard labour, for a term not exceeding six months, without the option of a fine;

and shall in any case he liable to forfeit all books, cards, papers and other articles relating to betting which may be found in his possession.

2. Any constable may take into custody, without warrant, any person found committing an offence under this section, and may seize and detain any article liable to be forfeited under this Act.

3. Any person who appears to the court to be under the age of sixteen years, shall, for the purpose of his section, he deemed to be under that age, unless the contrary be proved, or unless the person charged shall satisfy the court that he had reasonable ground for believing otherwise.

I. For the purpose of this section the word ' street ' shall include any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; and the words ' public place ' shall include public park, garden, or sea-beach, and any uninclosed ground to which the public for the time being have restricted access, and shall also include every inclosed place (not being a public park or garden) to which the public have a restricted right of access, whether on payment or otherwise, if at or near every public entrance there is conspicuously exhibited by the owners or persons having control of the place a notice prohibiting betting therein.

Sections 228 , 230, 231, 232, 233 and 234 will remain as above set out, and section 235 will read as follows:

235. Every one is guilty of an indictable offence and liable to one year's imprisonment, and to a fine not exceeding one thousand dollars, who

' (a) Uses or knowingly allows any part of

any premises under his control to be used for the purposes of recording or registering any bet or wager, or selling any pool; or

(b) 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 any bet or wager or selling any pool; or

(c) Records or registers any bet or wager or sells any pool, upon the result

(i) Of any political or municipal election;

(ii) Of any race;

(iii) Of any contest or trial of skill or endurance of man or beast.

(d) Engages in pool-selling or book-making, except as hereinafter provided.

(e) Advertises, publishes, exhibits, posts up, sells, or supplies, or offers to sell or supply, any information relating to pool-selling, book-making, betting or wagering; or

Section 225e. Offers to sell any information relating to or intended for use in connection with betting or wagering, or who advertises or publishes any such offer.

(f) Aids or assists in any manner in any of the said acts which are by this section forbidden.

2. The provisions of sections 226, 227, 228a, and of this section shall not extend to any person by reason of his becoming custodian or depository of any money, property or valuable things 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, bets or to records of bets made on the racecourse of an incorporated association during the actual progress of a race-meeting, if the former proviso be observed in regard to such meeting, namely: That no such race-meeting shall continue for more than eight days of continuous racing on days on which such racing may lawfully be carried on, and that no more than two race-meetings shall be held in the same grounds in the one year, which meetings shall be separated by an interval of at least 20 days between each meeting.

Mr. LANCASTER.

We have here the proposal that sections 229 to 234 shall remain ' as above set out '. Does that mean as they are in the Bill of the hon. member for South Grey, or as they are in the Criminal Code?

Mr. McCOLL.

As in the Criminal Code. I notice there is an omission-the penalties are blank.

Mr. GEO. TAYLOR.

That can be done in committee.

Mr. W. F. MACLEAN.

Before we rise, I would make a suggestion that the points at issue in this matter have been narrowed down to one, namely, whether betting can be allowed on incorporated race-tracks for seven or eight days at two meetings a year. In other words, the proposal now is that while last year we had over two hundred days racing, under the proposed amendment we are to have less than one hundred. If hon. members who are promoting the Bill will try to compromise the Mr. McCOLL.

matter as has been suggested, we can get a settlement to-morrow morning without much discussion, that will be satisfactory to them, and to the country. If we do not reach a settlement of that kind, we shall have a prolonged and unsatisfactory discussion, and probably shall pass nothing.

Mr. STRATTON.

No chance of a compromise on those terms.

Progress reported.

Mr. FIELDING moved the adjournment of the House.

Mr. SPROULE.

What business will be taken up to-morrow?

Mr. FIELDING.

We will resume consideration of this measure.

Mr. SPROULE.

And what then?

Mr. FIELDING.

Several of the government Bills, and, if Supply be reached, the estimates of the Minister of Public Works will be taken up.

Mr. GEO. TAYLOR.

I would suggest that the Bill we have been discussing tonight should not be taken up the first thing in the morning, but should be left until three o'clock, so that we may read ' Hansard ' and understand the matter better.

Mr. FIELDING.

I think hon. members know all about it.