Bill 121 (Legislature 12, Session 2)

L12 S2 6667

Alberta — Bills

Bill No. 121 of 1954 A BILL RESPECTING SLOT MACHINES NOTE This Bill enacts a new Act to be known as "The Slot Machine Act, 1954, which repeals and replaces

chapter 333 of the Revised Statutes of Alberta, 1942, the former The Slot M achin,e Act. The new Act redefines "slot machine" so as to exclude therefrom machines that could be considered to be governed by the gaming provisions of the Criminal Code. A "slot machine" is declared to be a nuisance and is not capable of ownership within the Province.

A procedure for d€termining whether or not a machine is a slot machine similar to the procedure under the former Act is set out, but differs inasmuch as such determination is to be made by a judge of the Supreme or district court rather than by a justice of the peace or a district court judge as previously provided. The Act provides that slot machines within the Province are to be confiscated. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 121 of 1954

An Act respecting Slot Machines (Assented to , 1954) HER MAJ~ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts as follows: ' 1. This Act may be cited as "The Slot Machine Act, 1954".

Short title 2. In this Act (a) "peace officer" means a person (

i) who is a member (

A) of the Royal Canadian Mounted Police Force, or (

B) of the p~li.ce for~e 01 a~y city, town, village or munICIpal dIstrIct In the Province, or (ii) w.h? is appointed as a constable under the pro VISIOns of a statute of the Province providing for the appointment of constables; Interpre taion "peace officer" (b) "premises" means any building or other premises "premises" other than a family dwelling occupied by a person or persons as his or their home; (c) "slot machine" "slot (

i) means a machine, contrivance or device that by machine" the insertion therein of any coin, token or slug can be used for playing a game of skill, chance or mixed skill and chance, (ii) does not include any machine, contrivance or device which under

section 986 (4) of the Criminal Code is deemed to be a means or con trivance for playing a game of chance. 3. The maintenance of a slot machine on any premises Sloth' within the Province is herebv declared to be a nuisance. d::la~~ ~ nuisance 4.

(1) No slot machine is capable of ownership and no S10\, slot machine shall be the subject of property rights within :~~ib~::d the Province.

(2) No court of civil jurisdiction shall recognize or give effect to property rights in a slot machine. 5.

(1) A judge of the Supreme Court or ~ district court !~:r<tnt judge, on information on oath ?y.a petahcet offIlcetr thath~he~e ~~c~!~~s are reasonable grounds for behevIng a a s 0 mac Ine ~s to be found on any premises may by warrant under hIS signature authorize and empower the peace officer

Procedure on seizure of slot machine Service of notice Appearance of person served with notice Seizure without warrant, ate. Order of confiscation 2 (

a) to' enter and search the premises and each part thereO'f, (

b) to' break O'pen a dO'O'r, IO'ck O'r fastening O'f the prem ises O'r a part thereO'f fO'r the purpO'se of entry and search.

(2) A peace O'fficer is nO't required by this Act to' set O'ut in the infO'rmatiO'n referred to' in subsectiO'n (1) any reasO'n O'r grO'unds fO'r his suspiciO'n O'r belief. 6.

(1) A peace O'fficer executing O'r assisting in the executiO'n O'f a warrant issued pursuant to' sectiO'n 5 whO' finds O'n the premises mentiO'ned in the warrant a machine O'r device that he believes to' be a slO't machine (

a) shall fO'rthwith seize and remO've the machine O'r device, and (

b) shall bring the machine O'r device befO're (

i) a judge O'f the Supreme CO'urt, if the warrant was issued under the signature O'f a judge O'f the Supreme CO'urt, O'r (ii) a district cO'urt judge, if the warrant was issued under the signature O'f a district cO'urt judge.

(2) When a slO't machine is brO'ught befO're a judge O'f the Supreme CO'urt O'r a district cO'urt judge pursuant to' sub sectiO'n (1), the peace O'fficer shall immediately thereafter serve a nO'tice O'n the O'ccupant O'f the premises O'r the persO'n in whO'se PO'ssessiO'n the slO't machine was at the time O'f the seizure.

(3) A nO'tice referred to' in subsectiO'n (2) shall require a persO'n served therewith to' appear at a time, nO't befO're the seventh day after the service, and at a place named therein, (

a) befO're a judge O'f the Supreme CO'urt, if the warrant was issued under the signature O'f a judge O'f the Supreme CO'urt, O'r (

b) befO're a district cO'urt judge if the warrant was issued under the signature O'f a district cO'urt judge, to' shO'W cause why the seized slO't machine shO'uld nO't be cO'nfiscated. 7. A peace O'fficer (

a) may withO'ut a warrant seize a slO't machine that he finds in a public place O'r in a place O'r premises to' which the public are admitted, and !

b) shall O'n making a seizure referred to' in clause (

a) prO'ceed in the manner set O'ut in sectiO'n 6 as if he had made the seizure under the authO'rity O'f a search warrant. 8. A judge O'f the Supreme CO'urt O'r a district cO'urt judge at the time and place mentiO'ned in the nO'tice referred to' in sectiO'n 6, (

a) shall hear anything that is alleged as a cause why the machine shO'uld not be confiscated,

3 (

b) shall unless satisfied that the machine is not a slot machine within the meaning of this Act make an order declaring the machine ' (

i) to be confiscated on behalf of the Crown, and (ii) to be disposed of as the Attorney General directs, and (

c) shall make an order under clause (

b) whether or not the person served with the notice referred to in

section 6 is the bailee or licensee of or otherwise entitled to the possession of the machine. 9.

(1) For the purpose of carrying into effect the pro- ReNu}attons visions of this Act the Lieutenant Governor in Council mayan orms make such regulations and prescribe such forms not incon- sistent with the terms of this Act as he deems necessary.

(2) Regulations and forms made or prescribed pursuant to this

section have the same force and effect as if incor porated in this Act. 10. The Slot Machine Act, being

chapter 333 of the Repeal Revised Statutes of Alberta, is hereby repealed. 11 This Act comes into force on the day upon which it cf oming into • I orca is assented to.

.No • .l~l. SECOND SESSION TWELFTH LEGISLA 11.JRE 3 ELIZABETH II 1954 BILL

An Act respecting Slot Machines Received and read the First time ........................................ .. Second time ..... Third time ......................................... . HON. MR. MAYNARD. Title: 1954 (12th, 2nd) Bill 121,

An Act respecting Slot Machines

Document details

Collection	Alberta — Bills
Citation	L12 S2 6667
Type	bill
Volume / chapter	L12 S2 6667
Language	en
Format	json
Source	PROVINCIAL
Identifier	8f187f80c0c77f44202989f1912b9874000e5fda

Source file is stored in the law ingest library (json).