TABLE OF CONTENTS

CHAPTER I.

PART I.

At Common Law what Wagers Illegal, 1–4; Statutes 16 Car. II., and 9 Anne, 4, 5; Betting at Games alone within Statutes, 7–9; whether Contract avoided as well as Security, 9; bonâ fide Indorsee for Value could not sue Acceptor of Bill, 10.

PART II.

5 & 6 Wm. IV., c. 41.

1. All Bills and Securities within Statute of Anne deemed to be for Illegal Consideration, 11; Law as to Bills and Notes for Illegal Consideration, 11; What cases are within the Act, 11; Wagers on Games only, 11, 12; Cheque for Gaming Debts incurred abroad, 14; Loans for Gaming purposes, 15, 16; Deposit of Stakes under £10 net, 12; Results of Illegality, 18; Void Consideration different, 20; Notice, 21; Pleading Illegality, 23; Drawer’s Liability to Indorser, 11–12; Bonds within Act, 28; Consideration Illegal in part, Contracts Divisible and Indivisible, 24; Test of whether Contract affected with Illegality, Agents, Partners, &c., 16–18.

2. Acceptor who has paid Bill for Gaming Debts can recover from Drawer, 26; with Interest when, 27; Acceptor paying by Cheque, 27; Instruments within the Act, 28.

PART III.

8 & 9 Vict., c. 109, s. 18, p. 28.

Statute makes Wagers Void, not Illegal, 29–; Indian Law of Wagers, 31.

Decisions under the Statute—

I. What are Contracts by way of Wagering, 32; consensus ad idem necessary, 32; mutuality, 33; One must win, the other must lose, 33; Each party selects an event in which he is to be paid, 33; Substance xrather than the form of Contract must be looked at, 33; Wagers under guise of Sales, void, 35; Agreement with Tipster, 36; Executors must not pay betting debts, 38; Deposit of Stakes on Horse Race, 36; Rescission by Wager, 38; Speculative Sales valid, 39; Principal and Turf Commission Agent, agreements between, not in nature of Wager, 40–; Agent must account to Principal for Winnings, 40–; Authority of Agent to pay Losses, 45; such authority irrevocable, 47–; What Agent must prove, 52; Gaming Amendment Act, 53; Agent cannot recover from third party, 53.

II. No action to be brought on Wager, or to recover money deposited, &c., 51–; Depositor can recover Stake from Stakeholder before money paid to Winner, 51–; Notice necessary to determine Stakeholder’s authority, 54; other ways in which authority determined, 57; His liability, 60; When he Guarantees Stakes, 60; Guarantee of Wager, 60; Forfeits or Penalty for non-performance of Wagers not recoverable, 61; Money deposited on bet, right to recover, 64; ditto, from keeper of betting house, 65; Conflict of laws, 66; Wagers made abroad, 68.

III. The Proviso in favour of a Subscription to a Prize for the Winner of a lawful Game, 68.

(a.) The meaning of a Subscription to a Prize, deposits by Competitors in a race are not, 69 et seq.; “Sum added” by Third Party is, 73; Entrance Money, Stakes, Forfeits, Cups, Plates, 74.

(b.) When a person is the “Winner,” 74; Second Horse within term, 75; must be Two competing, 75; Winner must be a competitor, 75; semble Breeder cannot recover Produce Stakes, 76; must have decision of Judge or Umpire in his favour, 76; when authority of Umpire to decide exists, 76; Stewards of Racecourse, Decision final, 78; Person cannot sue as Winner unless their decision in his favour, 79; Construction of Agreement by Court, parol evidence, 81; Starter requisite, 81.

(c.) What are Lawful Games within Statute, 82; Horse-racing, History of, 82; Cock-fighting illegal, 85; Billiards on Public Tables, 85; Games prohibited by the Statutes of Geo. II., 86; Royal Palaces, Exception in favour of, 86.

CHAPTER II.

Transactions on the Stock Exchange.

Barnard’s Act, 7 Geo. II., c. 8, effect of, 87 et seq.; repeal of, 89; Cases of Nicholson v. Gooch and ex parte Grant, 88–92; Official Assignee, ibid., receives differences due to defaulter, ibid., defaulters trustee in bankruptcy cannot recover from, ibid., bargains for differences, 92; test of a wagering contract, xi94, not known on Stock Exchange, 96; Broker can recover differences paid for client, 96–97; defaulter, adjustment of differences, 99; effect of 8 & 9 Vict. c. 109 s. 18, very limited in Stock Exchange, 100; Time bargains, 101; Prospective Dividends, sale of, 102; bucket shops, dealings in, when wagers; Shaw v. Caledonian Railway, Universal Stock Exchange v. Howat, 103 et seq.; Options, 106; Continuations, 108; difference between and loan, 110; Results of Authorities, 113; Bankruptcy Discharge refused on ground of Speculation, 115.

30 & 31 Vict., c. 29—

Leeman’s Act, 116 et seq.; History of Legislation on Stock Exchange Transactions, ibid.; Act not observed on Stock Exchange, 117; Liability of Broker for not observing, 117. Broker’s right to indemnity query, 122; actual transfer not affected, 122.

Review of Law relating to Wager Contracts, 123.

CHAPTER III.

Lotteries.

Statutory Provisions respecting, 128; Summary, 132; Foreign Lotteries, 133; Sweepstakes, 134; Companies distributing Benefits by Lot, 136 et seq.; Test of a Lottery, 140; Bazaars, Fishponds, 141; Illegality affects subsequent Contract, 142; Recovery of Deposit on demand, 143; Partnership or Company infringing Acts, Account of Profits, 145; Proceedings in case of, 146; Art Unions, 147; no Privilege of Parliament, 148.

CHAPTER IV.

Gaming Houses.

Nuisances at Common Law, 149; Houses for Unlawful Games, 151; Unlawful Games, 152; Summary of Statutes, 155–; What constitutes a Gaming House, 155; Private Houses, 157; Public Billiard Tables, 157; Keeping a house for Unlawful Gaming, the Park Club Case, 157 et seq.; The Players, 160–161; Lending money for Unlawful Gaming, 162; Partner or principal in gaming house cannot sue co-partner or manager for profits, 162–164; Third party (ex-banker) cannot set up illegality, 164; Cheating at play, 164; No privilege of Parliament, ibid.

Betting Houses.

16 & 17 Vict., c. 119, Summary of Provisions and Offences created by Statute, 165–7; What is a “Place,” 168–; A Room, 174; Persons xiiliable—owner, occupier, using or permitting user, 175 et seq.; Persons using the same, 179; What is “User,” 176; Manager, 179; Illegal betting within the Act (a) with persons resorting thereto, 182 et seq.; Tattersall’s not within Act, 183; query Bucket shops, 184; query Betting by Correspondence, 184; Commission Agents, 185; Coupons and Competitions, 186; (b) Keeping house for ready-money betting, 187; query Receiving cover in bucket shop, 189; receipt must be in house, etc., 189; secus under Sec. 4, 190; Stakeholder of Race Meeting not liable, 190; Commission Agent taking ready-money liable, 190; Betting Partnerships, 191; Income Tax payable, 191; Steward’s authority in Grand Stand, 191; Advertising Betting Houses, 191; Betting Lists, 192; Scotland included, 192; 37 Vict., c. 15, as to advertising the giving of Tips, Information, &c., Clubs and Foreign houses, 193, 194; Infants’ Betting and Loans’ Act, 194; Welshing, 195.

Procedure.

Search Warrants against Gaming and Betting Houses and arrest of persons found therein, 196–202.

Licensed Premises, Allowing Gaming in, 202–; 35 & 36 Vict., c. 94, ibid.; Knowledge or Connivance of Owner or Servant, 202, 203; What Gaming is within the Act, 204; When Betting is legal, 205.

Public Place, Betting in, 205; Instruments of Gaming, 205; a Public Place, 206; Game of Chance, what is, 207.

Betting in Metropolitan Street, 208.

Appendix.

A. Higginson v. Simpson, notes on.

B. Rules on Betting.

C. Carlill v. Smoke Ball Company, observations on.

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