428 



WAGERS. 



Cheating In the casG of Reg. v. Orbcn{r), it was held to be an 



wager. indictable offence to get a person to lay money on a Race, 



and prevail with the party to run booty ; for though the 

 Cheat was pricate in this particular, yet it was puhllc in its 

 consequences. Cheatiu(i, however, is now specially pro- 

 vided against by the 17th section of 8 & 9 Vict. c. 109, 

 where it is enacted that " every person who shall by any 

 fraud or unlaivful device or /// practice, in icagering on the 

 event of any Game, Sport, Pastime or Exercise, win from 

 any other person to himself, or any other or others, any 

 sum of money or valuable thing, shall be deemed guilty 

 of obtaining such money or valuable thing from such other 

 person by a False pretence with intent to checd or defraud 

 such person of the same, and being convicted thereof shall 

 be punished accordingly;" and therefore every such per- 

 son is guilty of a misdemeanor, and on conviction is liable 

 at the discretion of the Court to Penal Servitude for the 

 term of five years (.s), or to be imprisoned for any term 

 not exceeding two j^ears {t), and the prosecutor is entitled 

 to his costs under 7 Geo. 4, c. 64, s. 23 [u). 



(r) Reg. v. Orbell, 6 Mod. 42. {l) 24 & 25 Vict. c. 96, s. 88. 



(«) 24 & 25 Vict. 0. 96, s. 88, {ii) Per Patteson and Talfourd, 



amended by 27 & 28 Vict. c. 47, JJ., Reg. v. Gardner, "Worcester 



8. 2. Spr. Ass. 1851. 



