THEIR HISTORY, RISE AND PROGRESS. 383 



In A.D. 1840, 3 & 4 Vict. c. 5 was passed, winch re- 

 pealed so much of 13 Geo. 2, c. 19, as relates to the 

 subject of Horse Racing [a) ; and persons sued for penalties 

 under that Act might, on application to the Court, have 

 an order granted for the discontinuance of the suit {b). 

 At this period then the statutes in force with regard to 

 liacing and Gaming were nearly the whole of 33 lien. 8, 

 c. 91, so much of 16 Car. 2, c. 7, and 9 Anne, c. 14, as had 

 not been repealed and altered by 5 & 6 Will. 4, c. 41 ; 

 2 Geo. 2, c. 28, s. 9 ; 12 Geo. 2, c. 28 ; so much of 

 13 Geo. 2, c. 19, as does not relate to Racing ; 18 Geo. 2, 

 e. 34 ; b Sc Q Will. 4, c. 41 ; and 3 & 4 Vict. c. 5. 



Such being the state of the law, the famous case of 

 Applcgarth v. Colley (c) came before the Court of Ex- 

 chequer on special demurrer ; and after taking time to 

 consider, an elaborate judgment was delivered by Mr. 

 Baron Rolfe, in which it was held that at that time a 

 Horse Race for money of any amount whatever, given 

 by third persons by way of Prize, was not illegal ; that 

 a Horse Race might be run for a sweepstakes of 21. each, 

 as there could not be any loser to the amount of 10/.; 

 and therefore it was not within sect. 2 of 9 Anne, c. 14, 

 and probably not within sect. 5 of the same statute ; and 

 that, though in balancing the earlier decisions there 

 might be some doubt whether, under 9 Anne, c. 14, not 

 only the securities given for a gaming debt, but the co)i- 

 tract itself, was avoided, at all events this must be taken to 

 be the case since 5 & 6 Will. 4, c. 41. 



Soon after this decision, nmnerous qui tarn actions were 

 brought by common informers and others for penalties 

 incurred under 16 Car. 2, c. 7, and 9 Anne, c. 14, by 

 betting on Horse Races and running Coursing matches, 

 &c.; and to stop these proceedings 7 & 8 Vict. c. 3 was 

 passed, which was afterwards extended by 7 & 8 Vict. 

 c. 58. By these Acts all proceedings were to be stayed, 

 on apphcation to the Court, which had been commenced 

 by common informers or persons other than the actual 

 losers, for penalties incurred by playing at, or betting on, 

 certain sports, pastimes and games, viz., Horse races, Foot 

 races, Boat races. Regattas, Rowing matches. Sailing 

 matches. Coursing matches. Fencing matches, Golf, 

 Wrestling matches. Cricket, Tennis, Fives, Rackets, Bowls, 



(«) 3 & 4 Vict. c. 5, s. 1. (c) Applcgarth v. C'o/fcy, 10 M. & 



(A) Ibid. s. 2. "W. 728 ; and see post, Chap. 4. 



