INDEX.
- Added Money,
- 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)
- 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
- Billiards (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,
- Fraud (see Cheating)
- Games
- 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
- may 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.
- occupier 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,
- Punters (see Players)
- Purchase (speculative)
- 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)
- Room (see Place)
- Royal Palace
- 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,
- 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
- liability 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,
- 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