(iAMiX(;. 4:31 



man to los^ at play in one night, and that if it was in Lis 

 power he would prevent it ; and cited the case of Sir Cecil 

 Bishop V. Sir John Staples in the time of Lord Chief Jus- 

 tice Hale, about a Wager upon a Foot race, and that the 

 Chief Justice said, in that case, that those great Wagers 

 proceeded from avarice and were founded in corruption, and 

 decided that he would give the defendant leave to imparl 

 from time to time. His Lordship then said, that if such 

 discouragement was given to Gaming at Common Law, it 

 ought much more to be done in a Court of Equity. 



By 12 & 1;} Yict. c. 106, s. 201, no Bankrupt was enti- Losses by a 

 tied to his Certificate if he should have lost by any sort of bankrupt. 

 Gaming or Wagering in one day 20/., or within one year 

 next preceding his Bankruptcy 200/., either by Gaming 

 or Wagering, or "by any Contract for the purchase or 

 sale of any Government or other Stock, when such contract 

 was not to be performed within one week after the con- 

 tract, or where the Stock bought or sold was not actually 

 transferred or delivered, in pursuance of such contract" (/). 

 But this clause was repealed by 24 & 25 Yict. c. 134. 



Cheating in a Game or at Play is now an indictable Cheating in a 

 offence; for by the 17th section of 8 & 9 Vict. c. 109, it Gjimeorat 

 is enacted, " that every person who shall by any fraud or *^' 

 nnlauful device or ill p)raeticc in playing at or with Cards, 

 Dice, Tables, or other Games, or in bearing a part in the 

 Stakes, Wagers, or Adventures, or in betting on the sides 

 or hands of them that do play, or in wagering 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 obtain- 

 ing such money or valuable thing from such other person 

 by a False Pretence with intent to cheat or defraud such 

 person of the same, and being convicted thereof shall be 

 punished "accordingly" {j). 



Tossing coins for wagers is a sport, pastime or exercise 

 if not a game within this section (/r) . 



The "fraud or unlawful device" must be practised The fraud or 

 during the Game itself to support an indictment for obtain- ^^J^^^ful <ie- 

 inrj moncii hy a false pretence, under 8 & 9 Yict. c. 109, 



(0 12 & 13 Vict. c. 106, 8. 201. equally divided as to whether the 



(V) 8 & 9 Vict. c. 109, s. 17; term '''blackleg" was x>er se de- 



and see Cheating in a Wager, ante, f amatory or not. 



Part 3, Chap. 3. In the case of (/.) liecj. v. O'Connor, 45 L. T., 



Burnett v. Allen (4 Jur., N. S. N. S. 512— C. C. K. 



488), the Court of Exchequer were 



