Part 3 — INDEX.

Added Money, Recoverable, 73, 74

Advertising Betting House, illegal, 191 Betting Lists, do., ibid. Betting Clubs legal, 194 Commission business, ibid. Foreign houses, ibid. Information as to betting, 193 To Induce betting, ibid. To Infant, penal, 194 Lotteries (see Lottery)

Agent Authority of, to pay bets if lost, when implied, 45 to bet according to custom, 53 to make bets in his own name, 51 irrevocable after bets made, 47 personally responsible for bets, 51 secus, where bet made in principal’s name, 51 indemnity, none in respect of wagers, 53 nor of illegal transaction, 164 winnings, must account for to principal, 40 not liable for default in making bet, 43 estoppel from denying agency, 44 business (see Commission Agent) (see Broker, Lottery)

Art Unions Exempt from Lottery Laws, 147

Australian Law of wagering similar to English, 79, note

Bank (see Gaming House)

Banker cannot set up illegality of customer’s business, 164 not liable for receiving deposits on bets, 190

Bankruptcy of principal determines agent’s authority, 61 of depositor, determines authority of stakeholder, ibid.

Bank Shares (see Leeman’s Act)

Barnard’s Act, 87

Bazaars, semble, within Lottery Act, 141

Betting (see Wager-Contract, Betting house, Agent: Public Place, Metropolis)

Betting House (see Persons Resorting thereto) a common nuisance, 165 advertising, 191 illegal betting within Act, 181, et seq. by correspondence, legal, 184 betting clubs, 183 (see Tattersalls) Deposits (see Deposit) keeping house for receiving, 187 receiving, 190 acknowledgment of, ibid. commission agent taking (see Commission Agent) stakeholder, not liable, 167, 190 inviting persons to resort to, 192, et seq. manager of (see Manager) owner, occupier permitting user, 175 user of, 176, et seq. Warrant (see Procedure, Persons found therein)

Betting Lists advertising illegal, 191 exhibiting not illegal, ibid. seizable when, 181, 200

Bill of Exchange (for betting debt), 11 (see Cheque) given for illegal consideration, 11 (see Illegal Consideration) secus, if bet not on game or pastime, 11 or if bet made after race finished, 11 cheque for under £10 prepaid, 14 for gaming debt incurred abroad, 14 acceptor liable to holder in due course, 19 paying indorsee can recover from drawer or payee, 26 ditto with interest, 26 payment may be by cheque, 26 injunction against negotiation, 26 cheque, bill includes, 27 defect in title, meaning of, 19 gaming debt is, 19 shifts burden of proof on to holder, 19 notice, 21 overdue bill subject to, 19 void consideration is not, 20 drawer of, liable to acceptor who has paid, 26 indorsee for value can sue acceptor when, 19 ditto indorser, 24 burden of proof on to show bonâ fides, 19 notice to, of illegality, 21

214Billiards (see Licensed Premises) a lawful game, 85 a game of skill, 85, 208

Bonds are within 5 & 6 Wm. IV., c. 41, 28

Breeder query, his right to recover prize in Breeders’ Stakes, 76

Broker (see Stock Exchange) differences paid on client’s behalf, can recover, 97 on sale of bank shares, his position, 117 et seq.

Bucket Shop transactions in, sometimes wagers, 103 deposit in, right to recover, 66 query within Betting House Act, 184, 189

Carrying Over (see Stock Exchange)

Cheating at Play, 165

Cheque (see Bill of Exchange) included in “bill” in 5 & 6 Win. IV., c. 41, 28 amounts to “payment” within do. 27, ibid. drawer of, for gaming debt, can recover from payee, 26 for gaming debt abroad, 14

Club for gaming purposes illegal, 160 for betting purposes when legal, 183 (see Tattersall’s) committee of, liable as managers, 155, 160, 179 lottery in, illegal (see Lottery), 132

Cock-fighting, 85

Commission Agent (see Agent) business of lawful, 185 advertising lawful, 194 secus if he takes money in advance, 190 cannot recover commission, 53 partnership in, 191

Company (see Partnership Lottery)

Competitions, 186

Conflict of Laws, general rules as to, 66 et seq. gaming debts contracted abroad not recoverable here, 68 money lent for gaming abroad, 16

Conspiracy (see Cheating)

Construction of Sporting Contract, steward’s decision generally final, 80 by Court, ibid. parol evidence admissible to explain, ibid. stamp necessary, 81 Newmarket Meeting, meaning of, 80 gentleman rider, do., ibid. evidence of usage, ibid. Rules of racing and betting evidence, 53, 81

Continuations (see Stock Exchange)

Contributions to Prize (see Winner, Subscription Stakes), 73

Coupons, legal, 186

Cover (see Deposit)

Cup, meaning of, 74 query, within “prize,” 74

Death of principal or depositor revokes authority, 60 of agent or stakeholder, ibid. of one party, bet off, ibid. of competitor in race, semble, stakes recoverable by executors (see Executor) of nominator of horse avoids entry, 38

Deed (see Illegal Consideration)

Deposit (see Subscription to Prize) on bet when recoverable, 64 with keeper of Betting House, 65 in bucket shop transaction, right to recover, 66 query, illegal, 189 receiving, and keeping house for receiving (see Betting House Commission Agent), 187, 190 race, to abide, equivalent to a wager, 36 subscription to prize, not the test of, 69, et seq. under £10, not within Statute of Anne and Wm. IV., 12 with stakeholder (see Stakeholder) does not pass under gift of “money,” 60 in lotteries, recovery of, 143

Differences (see Stock Exchange, Broker)

Dividends sale of future, not void as wager, 102 forbidden on Stock Exchange, 103 distribution by lot, not a lottery, 138

Entrance Money (see Subscription to Prize) when it goes with stakes, 61, 74 when recoverable by executors, ibid.

Excessive Gaming under old statute, 6 query, illegal now, 160, 162 evidence of gaming house, ibid.

Executor, must not pay betting debts of testator, 38, 64, nor sums deposited on bets, ibid., 64, secus, where testator kept a Betting House, 65 of betting agent, semble, most account to principal for winnings, 41 must not pay stakes or forfeits, 38 semble, can recover stakes, deposited by testator, 61 do. entrance money when, ibid.

Fish Ponds, semble, illegal as lotteries, 142

Foreign Laws (see Conflict of Laws)

Forfeit, not enforceable, 38, 63 (see Penalty, Executor)

Fraud (see Cheating)

215Games within statute of Anne, 7 “lawful games” within 8 & 9 Vict., c. 109, 82 unlawful games, ibid., 129, 152, 160 players at unlawful, 152, 161 cheating at, 165 of chance, what is, 207 in public place, ibid., 205

Gaming (see Gaming House, Unlawful Gaming, Lottery, Wager-Contract, Licensed Premises, Public Place, Instruments of Gaming, Excessive Gaming, Betting House)

Gaming House (see Betting House, Licensed Premises) illegal at common law, 148 et seq. a common nuisance, ibid. Evidence of, 156 bank kept by some of players, ibid. excessive gaming, 157, 160 unequal chances of game, 156 unlawful game, playing of, ibid. obstruction of officers entering under powers of Act, 154, 156 instruments of gaming, ibid. contrivances, for destroying instruments, ibid. for barring doors or access, ibid. for giving alarm, ibid. Manager (see Manager) liability of, 155, 160 includes banker or croupier, ibid. obstructing or assaulting officers entering, 154 giving false names and addresses, ibid. Partnership in (see Partnership) (see Persons found therein) club or private house may be, 160 procedure in respect of (see Procedure) user of, 160 (see Players) warrant, 196, et seq. (see Procedure)

Grand Stand, semble may be a “place” for betting, 171–174 stewards authority in, 191

Guarantee of Bet, 63

Hawkins, Sir Henry, His judgments in Read v. Anderson, 49 Taylor v. Smetton, 133 Jenks v. Turpin, 159 Reg. v. Cook, 180 Reg. v. Preedie, 174

Horse-Racing, a game within the Statute of Anne, 7 formerly illegal for over £10, 82 et seq. now all legal, ibid. within 10 miles of London require license, 84 chance, whether game of, 208 for stakes, equivalent to wager, 36 et seq. steeplechase, 84

Illegal Betting (see Betting House)

Illegal Consideration (see Bill of Exchange, Lottery) void ditto, difference between and, 18–20 gaming debt is, 11 betting debt is, if bet on game, &c., ibid. bills or notes, effect of, on (see Bill of Exchange) is a defect of title, 19 should be specially pleaded, 23 deposit for, when recoverable, 143 et seq. should be accurately stated, 23 avoids bonds and other deeds, 24 part consideration illegal, whole avoided, 24 et seq. secus, where contract divisible, ibid. past race, bet on, not illegal, 11 deposit on race under £10, not an illegal consideration, 12

Illegality, test of, 16, 162, et seq. 3rd party cannot plead, 164 (see Partnership, Agent, Illegal Consideration, Manager, Banker)

Indian Law, of wagers similar to English, 31 of speculative sales, 40 of lotteries, 131

Infant, sending advertisement or information to, 194

Information (see Procedure) with respect to betting (see Advertising)

Instrument of Gaming, coin not included in, 205 pari-mutuel, ibid. in gaming houses, 156 may be seized by officers entering in Metropolis, 197 secus, out of Metropolis, ibid. superintendent entering may search for, ibid. evidence of gaming houses, 156 means for destroying ditto, ibid. magistrate may order destruction, 197–8

I O U, not within 5 & 6 Wm. IV., c. 41, 28

Ireland (see Metropolis)

Irish Cases, Lynn v. Bell, } Crofton v. Colgan, } Graham v. Thompson, } (see Table of Cases.) MacElwaine v. Mercer, } Irwin v. Osborne, } Newcomen v. Lynch, }

Judge (in race), jurisdiction of, 76 et seq. decision final, ibid.

Leeman’s Act (see Stock Exchange Broker)

Licensed Premises, gaming in, permitting illegal, 202 knowledge or connivance of owner necessary, ibid. what is gaming, 204 216may be entered under Gaming and Betting House Acts, 200 betting in, when legal, 205 billiards, in, 85 public table, when legal, 157

Lists (see Betting Lists)

Loan of Money, for gaming purposes, semble illegal, 15, 16 for betting on game, &c., illegal, ibid., 15, 16 for paying lost bets recoverable, 15, 16 for illegal gaming, penalty, 15, 16, 162 cheques given to repay, 15, 16 for gaming abroad, 15, 16

Lottery (see Place), adventurers in, penalty on, 129, 130, 132 advertising illegal, ibid. penalty recoverable only in Attorney-General’s name, ibid., 131, 146 aiding and abetting, 130, 133 Art Unions, when legal, 147 bonus in companies, distribution of by lot, 137 companies formed for (see Partnership) characteristics of, 140 charter for, void, 128 in club or private house, 132 Bazaars, proceedings in, qy. within Lottery Acts, 142 definition of, 128, 140 fish ponds, 142 foreign lotteries, 133 illegality of, 142 deposits recoverable on notice, 143 vitiates subsidiary contract, ibid. little-goes illegal, 130 partnership in, 145 patent for, void, 128 sale under guise of setting up, 129, 130 stakeholder of, 133 sweepstakes, 134 tickets, sale of, 128 et seq. proceedings in case, 146 warrant for arrest, 130 Royal Palaces, exception in favour of, 86 no privilege of Parliament, 148

Manages of Betting House, Gaming House, liability of 155, 160, 179 committee of club, ibid. banker or croupier, ibid. profits, cannot be sued for, 164 salary, cannot sue for, ibid. secus, if manager only of legal part of business, 180

Metropolis (see Public Place) cock-fighting in, 85 horse-race within 10 miles require licence, 84 Gaming Houses in, Commissioners of Police may issue warrant to superintendent to search, 197 superintendent entering may seize instruments of gaming, 197 Betting Houses (see Procedure) penalties recovered in payable to Receiver of Police, 198 betting in streets of, 208 Ireland, in, means Dublin, 197

Newmarket Meeting, exempt from old laws against horse-racing, 83 a moveable feast, 81

Nominator, death of, avoids entry of horse, 38

Notice, to determine authority (see Stakeholder) of illegal consideration (see Bill of Exchange)

Occupier (see Betting House Place)

Official Assignee (see Stock Exchange)

Options (see Stock Exchange)

Palaces, Royal, exempt from laws against unlawful games and lotteries, 86

Partition by Lot, among joint tenants, &c., exempt from Lotteries Act, 129, 141

Partnership, right to account of profits in betting transactions, 41, 191 in lotteries, 115 in gaming house, 162 in commission agency business, 191

Penalty to enforce Wager not Recoverable, 63

Person found therein (see Gaming House, Betting House) may be arrested, 197 what to be done with, ibid., note need not be found gaming, 198 presumption against, 156 penalty on (see Players)

Persons resorting thereto (see Betting House) meaning of, 183 not within Act, 179

Place (see Public Place Betting House) within Lottery Acts, 130 within Betting House Act enclosures, 171 roof immaterial, 170 moveable structures, ibid. grand stand, 174 stool, 171 umbrella, 170 user of what amounts to, 176 habitual not necessary, ibid. 217occupier of, 169 person using same, 179 must be limited in space, 174 a room, 174 for cock-fighting, 169

Plate, meaning of, 74, 82

“Play or Pay,” meaning, 81 (see App. B.)

Players (in illegal games) 118, 121, 152, 161 in lotteries, consent of Attorney-General to prosecution, 132, 152

Privilege of Parliament, none in lottery prosecutions, 148 in gaming house, do., 165

Prize (see Subscriptions to Prize)

Procedure, 1. Gaming Houses In Metropolis. Commissioners of Police may issue order to superintendent to search, 196 et seq. Power of superintendent to search for and seize instruments of gaming, 197 Justices may order destruction of ditto, 197 Out of Metropolis. Justices may on information issue search warrant, 197 form of warrant, ibid. information need not show that persons were found playing for money, 198 no power to authorize seizure of instruments of gaming, 197 may authorize destruction of ditto, 198 Persons found therein (see Persons found therein), 197 may be apprehended on spot, ibid. whether gaming or not, 198 may be required to give evidence, ibid. but then free from prosecution, ibid. Vexatious Indictment Act applies, 199 penalties application of, 198 appeal, 199 no certiorari, ibid. actions against officers, ibid. 2. Betting Houses Justices may issue warrant to search and seize lists and documents, 200 in metropolis Commissioners’ powers same as in gaming houses, 200 information, fresh, necessary after arrest before prisoner charged, 200 may be before one justice, ibid. 201 licensed premises subject to Act. 200, 205

Produce Stakes, breeders cannot recover, 76

Promissory Note (see Bill of Exchange)

Public House (see Licensed Premises)

Public Place, what is a, 206

Punters (see Players)

Purchase (speculative) not a wager, 39

Race Course, qy. a place, 174 a public place, 206

Ready Money Betting, place kept or used for illegal betting, 187 et seq. (see Betting House, Commission Agent, Deposit)

Rescission (by wager) void, 38

Room (see Place)

Royal Palace gaming in, lawful, 86

Rules of Racing Evidence, 53, 81

Rules of Betting do., ibid. (see App. B.)

Sale, wager under guise of, void, 35 lottery under guise of, illegal, 129, 139 bank shares (see Stock Exchange) speculative sales not wagers, 39 nor sales with contingencies, 36 of things first in possession, valid (see Indian Law), ibid. of public stocks not in possession formerly void under Barnard’s Act, 40, 87 of future dividends not a wager, 102 forbidden by Stock Exchange Rules, 103

Scotland, Betting House Act applies to, 193

Stakeholder, agent for depositor only, 54 et seq. deposits revocable before paid over, ibid. notice necessary, 57 authority determined, 60 (1.) by express revocation (2.) by impossibility of performing his trust (3.) by death of depositor (4.) by bankruptcy of depositor (see Lottery) liability of for paying wrong person (see Winner), 62 for default in payment of stakes, ibid. cannot sue for stakes, ibid. not liable under Betting House Act, 190

Stakes race for a wager contract, 36 difference between, and subscription to prize, 37, 73 cheque for, when for illegal consideration, 12 (see Subscriptions, Stakeholder)

Stamp semble, sporting agreement should have, 81

Starter, when necessary, 81

Steeplechase (see Horse-race)

Steward of Race, decision final (see Construction), 78 difference between and arbitrators, 78 grand stand, can order off, 191 self-interest no disqualification, 78 218liability of for not appointing judge, 82 for default of stakeholders, ibid.

Stock Exchange (see Broker) bargains for differences not known, 96 et seq. (but see Bucket Shop) test of difference, bargain, 91 customs of binding on principal, 117, 123 secus if contrary to law, ibid. broker liable personally to jobber, 96 bank shares, sale of, 116 Leeman’s Act not regarded, 117 liability of broker for not complying with, ibid. qy. if principal has acquiesced, 119, 122 actual transfer not affected, 122 vendors indemnity against calls, 123 continuations, nature of, 108 et seq. whether in nature of wagers, 110 “taking in” by, different from loan, ibid. Contango, 109 Backwardation, 113 Options, puts, calls, nature of, 106 semble not in nature of wager, 107 Differences, bargains for, not known on, 90, et seq. test of, 94 broker can recover for, from client, 97 defaulter, due to, payable to official assignee, 89 Official Assignee, receives differences due to defaulter, 89 claims against, for differences due to defaulter, ibid. Trustee in bankruptcy of defaulter cannot recover differences from, ibid. Time Bargains, meaning of, 95, 101 (see Sales) Wagering, unknown on, 96 test of, in transactions on, 94

Subscription to Prize, deposit with stakeholder not test of, 69 et seq. stakes are not, 36, 69 sum added by outsider, may be, 73 entrance money, 74 forfeits, ibid. cups, ibid.

“Sum Added” by OUTSIDER, recoverable, 73 (see Added Money) may be a subscription to a prize, ibid. (see Stakes)

Superintendent (see Procedure, Instruments of Gaming, Metropolis)

Sweepstakes (see Lottery, Stakeholder)

Tattersall’s, not within Act, 183

Telegram (see Advertising)

Ticket (see Lottery)

Time Bargains (see Stock Exchange)

Tipster, agreement with, 36, and note in Appendix A. business of, not illegal, 193 advertising do., ibid. (but see Infant)

Umpire (see Judge, Winner)

Unlawful Gaming what is, 159 houses kept for, 154, 159 in licensed premises, 202 (see Excessive Gaming, Players)

Unlawful Games what are, 129, 162 legal effect of, 162 in licensed premises, 202

User (see Place Gaming House)

Vexatious Indictment (see Procedure)

Wager Contract (see Subscription to Prize Deposit) nature and test of, 32 et seq. agent and principal, agreement between not in nature of, 40 consensus and knowledge of both parties necessary, 32 construction of (see Construction) dividends, sale of future, not, 102 games, &c., for money, are, 36 guarantee of, enforceable, 63 mutuality necessary, 33 parties select their own events, 33 penalty for non-performance not recoverable rescission of contract by, void, 38 sale, under guise of, void, 35 sale of things not in possession, 39 time bargains (see Stock Exchange) winner and loser is of essence of, 33 Tipster, agreement with, 36 (but see note in Appendix A.)

Warrant, general warrants bad, 197 against gaming and betting houses, form of, 196 lottery laws, breach of, 130

Welshing, an indictable offence, 195

Winner, second horse may be, 75 must be a competitor, ibid. there must be a loser, ibid. steward’s decision final, 78 umpire’s and judge’s do., 76 agent paving (see Agent), 52 stakeholder (see Stakeholder), 62

Winning, by fraud penal, 161 offence complete before payment, 165

TRANSCRIBER’S NOTES

Silently corrected obvious typographical errors and variations in spelling.

Retained archaic, non-standard, and uncertain spellings as printed.

Re-indexed footnotes using numbers and collected together at the end of the last chapter.