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witnesses implicated in g^'"g transaction* who should giro evidence 

 before them committee*. 



The committee of the House of Commons, in 1 S44, on gaming, recom- 

 in. ! .1 that " wagering in general nhouM be free and subject to no 

 penalty ; " and they abo expressed an opinion in favour of the law 

 of England being assimilated to that of Scotland. 



In the session of 1845 the act 8 and 9 Viet. c. 109 waa passed, which 

 enact* " That all contracts or agreements, whether by parole or in 

 writing, by way of gaming or wagering, shall be null and void ; and 

 that no suit shall be brought or maintained in any court of law or 

 fruity for recovering any sum of money or valuable thing alleged to 

 be won upon any wager, or which shall have been deposited in the 

 hands of any person to abide the event on which any wager shall have 

 :u!.- : provided always, that this enactment shall not be deemed 

 to apply to any subscription or contribution, or agreement to subscribe 

 or contribute, for or toward any plate, prize, or sum of money to be 

 awarded to the winner or winners of any lawful game, sport, pastime, 

 or exercise." 



The act 8 & 9 Viet c. 109 repealed those parts of 9 Anne c, 14, and 

 18 Geo. II. c. 84, which rendered it illegal to win or lose any sum 

 exceeding 101. at play or l.y Ivotting. ' 



Bv 5 Geo. IV.', c. 88, persons betting, &c. in any street or open and 

 public place, are punishable summarily as rogues and vagabonds. 



By the 10 4 11 William III. c. 17, lotteries were declared public 

 nuisances, and by several subsequent acts they have been prohibited 

 under various penalties. 



The act 7 Geo. II.' c. 8, which was made perpetual by 10 Geo. II. 

 c. 8, entitled "An Act to prevent the infamous practice of stock- 

 jobbing," is violated -hourly on the London Stock-Exchange by the 

 practice of time-bargains. - - . 



The acts 19 Geo. II. c. 87, and 14 Geo III. c. 48, ore intended to 

 prevent transactions of the nature of gaming or wagering on policies of 

 marine and life insurance. 



It was enacted by the 13 Geo. II. c. 19, that no horse-race should be 

 run for any prize of less than 501. in value ; and any wager on a horse- 

 race made illegal by this statute was illegal also ; but this provision 

 was repealed by the 3 & 4 Viet. c. 5. The effect of the repeal of the 

 provisions of this statute, and of the 38 Hen. VIII. c. 9, combined with 

 the exception in the 8 & 9 Viet. c. 109, was to place all bargains relating 

 to horse-racing on the same footing as other contracts. No sooner, 

 however, were contracta as to horse-racing legalised, than a great 

 number of petty gaming-houses sprung up, under the name of " betting- 

 offices." The demoralisation which was found to be the immediate 

 result called for the interference of the legislature, and the stat. 

 16 & 17 Viet. c. 119 was accordingly passed, expressly for the sup- 

 pression of these haunts of vice. 



It may be observed that, under the Bankrupt Laws, a bankrupt ia 

 not entitled to a certificate, or the certificate if granted is void, if he 

 has lost 20/. in one day, or 2001. in a year, by any sort of gaming or 

 wagering. (Kcrr's ' Blackstone.') 



In France, and many other parts of the Continent, the government 

 not only allowed, but derived a considerable revenue from games of 

 chance. In Paris, the cxclurire right of keeping public gaming-houses 

 was, until the year 1838, let out to' one company, who paid an annual 

 sum of 6,000,000 francs (about 240.000J.) for the privilege. They kept 

 six houses, namely, Frascati's, the Salons, and four in the Palais Royal. 

 In a trial in Paris, it came out in the course of the evidence, that the 

 dear profit for 1837, exclusive of the duty, had been 1,900,000 francs 

 (76,0001.), of which three-fourths was paid to the city of Paris, leaving 

 the lessee 19.000J. for his own share.' The average number of players per 

 day was stated at 8000, and about 1000 more were refused admittance. 

 The games played were chiefly Roulette and Rouge-et-Noir, of which 

 the Utter is the favourite. It is very seldom that large sums are 

 staked at the former, as the chances against the player are considered 

 immense by profttrianal men, a class of gentlemen who are gamblers 

 by profession. Rougc-et-Noir is played with four packs of cards, and 

 the"couleur" which is nearest 81 wins; the black being dealt for 

 first, and then the red. All the house* were open from one o'clock in 

 the afternoon till one or two after midnight ; and latterly till five or 

 six in the morning. The highest play,' especially at Frascati's, was 

 carried on between three and six in the afternoon. Ten or twelve 

 thousand francs were constantly lost at a sitting, and once 100,000 

 francs, which constituted the " Banque " of the day, was won by a 

 French nobleman. The actual chance of the table or " Banque " is 

 considered to be 74 per cent above that of the player, supposing the 

 game to be fairly played, as it no doubt was in Paris under the old 

 system ; the cords being examined and stamped by the government, 

 and there being an agent of the police always present and ready to 

 detect any attempted fraud on the part of the company. But admitting 

 the game to be fairly played, the coolness of the " croupiers " or dealers, 

 who had no interest at stake the whole of the losses or gains being 

 taken by the company. and the large capital of the latter, made it 

 absolutely impossible for the player to win in the long run ; nay, it is 

 clear that he must lose, and that in proportion to his stake, which 

 probably is regulated by his means. This we have heard admitted by 

 the most constant frequenters of these houses; and nevertheless, 

 under the influence of those causes which first lead men to gaming, 

 confirmed by habit and example, they still continue to indulge their 



passion till they are reduced to beggary, which is often followed by 

 suicide. 



That a vi>v which causes so much wirvlu.liii , fhould nut ii 

 be permitted and the practice of it superintended by the goverunx i.. . 

 but that it should contribute considerably to the public revenue, wus 

 a subject of loud complaint in Franco; and at last the luiniKti 

 compliance with the desire of the Chamber of Deputies, determined to 

 grant no more licences after the 1st of January, 1838. 



In most parts of Germany gaming is allowed ; and the magiu 

 saloons set apart for roulette and rouge-et-noir at Baden, Wiesbaden, :.:i.| 

 other German watering-places, are well known to English travellers on 

 the Continent The respective sovereigns of the states hi which these 

 fashionable gaming-places exist derive an immense revenue by ! 

 the exclusive privilege of keeping gaming establishments ; and v. 

 frequently see the grand-dtike or prince' playing at the table of his 

 lessee, and losing a considerable portion of what he receiv 

 granting the privilege. 



In Italy and Spain gambling is a very common vice, esp< 

 among the lower orders, and you scarcely can find a muleteer, j 

 or shoe-black, who has not a pack of dirty cards in his pocket, which 

 he pulls out whenever he has a moment's leisure ; and should 1. 

 be lucky enough to find a partner who will risk his money against 

 him, he will frequently give a boy a trifle to play with him. 



In the United States of America, but more particularly in the 

 Southern States, the practice of gambling is very common, though 

 restrained, as we believe, in all the States by legislative enactments. 



The following abstracts of the laws relating to gaming in di; 

 countries were prepared by J. II. Ludlow, Esq., and were laid before 

 the Select Committee of the House of Commons on gaming, by H. 

 Bellcnden Ker, Esq. : 



By the French law, as it stood before the Revolution, minors alone 

 could recover their losses at play ; but no winnings could be sued for 

 except in the case of warlike sports ; when not excessive, games of 

 strength and skill were permitted, games of mere chance absolutely 

 forbidden. 



The Code Francais allows an action for money won at gomes of 

 strength and skill, when the amount is not excessive ; but money IMM I 

 can never be recovered, unless on the ground of fraud. The k> . 

 gaming-houses, their managers or agents, are punishable with fine (100 

 to 6000 francs), and imprisonment (two to six months), and may be 

 deprived of most of their civil rights. A trifling fine is imposed on 

 those who set up lotteries, or games of chance in public places ; the 

 furniture, implements, &c. are in all cases to be seized. 



By the Prussian Code all games of chance, except when liceu^ 

 the state, are prohibited. Gaming debts are not the subject of a 

 but money paid cannot be sued for by the loser. Wagers give a right 

 of action when the stakes are constituted in cash in the hands of a 

 third person ; they are void when the winner had a knowledge of the 

 event, and concealed it. Money lent for gambling or betting purposes, 

 or to pay gambling or betting debts, cannot be sued for. Gaming- 

 house keepers are punislnl 1. with fine, professed gamblers 

 banishment ; and if they break the ban, by imprisonment. Occasional 

 cheating at play obliges to compensation ; professed swindlers at play 

 arc punishable as for theft, and banished afterwards. Money won 

 from a drunken man, if to a considerable amount, must be returned, 

 and a fine paid of equal value. 



In Austria no right of action is given either to winner or loser. All 

 games of chance are prohibited, except when licensed by the state. 

 Cheating at play is punishable with imprisonment, according to the 

 amount of fraudulent gain. Playing at unlawful games, or allowing 

 such to take place in one's house, subjects the party to a heavy lino, 

 or in default to imprisonment. 



The provisions of the Sardinian civil code are similar to those of the 

 French, giving an action for money won at games of strength or .'-kill, 

 when not excessive in amount ; but not allowing the recovery of i 

 lost, except on the ground of fraud or minority (a provision taken 

 from the old French law). 



The Bavarian code is somewhat special in its provisions ; it distin- 

 guishes between games of pure skill, and mixed skill and chance on the 

 one hand, and games of mere chance on the other. In the two former, 

 money honestly won, and not excessive in amount, may be lawfully 

 claimed, and money lost cannot be recovered ; but with respect to 

 fraudulent or excessive gaming, and also as to all games of i, 

 the winner may be called upon to repay his gains, and ia lial.l.-, 

 together with the loser (except as to the latter, in the case of fraud i. 

 to a penalty of varying amount Gaming-house keepers and professed 

 gamblers are subjected to various penalties. Distinctions are also 

 taken as to wagers, which are only void for fraud ..r inm. 

 the amount of which is liable to be reduced, if rxcc.isivc. \\ h. -. 

 money lost at play is proved to have been the probity of some other 

 person than the player, the true owner may recover it. 



Wagers also appear to be lawful in Spain, w hen not in themselves 

 fraudulent or relating to anything unlawful or immoral. (Johnson's 

 'Institutes of the Civil i.nw of Spain,' p. -!-.! 



GAMMUT, in Music, signifies, in the popular sense of the word, the 

 diatonic teak, an named either by the seven first letters of the alp! 

 or by the syllables used in solmisation, that is, do, re, mi, fa, . 

 *i. [DIATONIC SCALE.] And occasionally the term is applied to a single 



