(ixynsG. 433 



The French law does not allow an action for a debt at French law 

 play. But Gaines proper in the exercise of Feats of arms, ^^ *o ^^^ ^^' 

 Foot races, Horse or Chariot races. Tennis, and other sports stakes ° 

 of the same nature, which require address and agilitj of ^ 



body, are excepted, subject to the power of the Court to re- 

 ject the demand where the sum appears to be excessive (>•). 



Under the Proviso in the 18th section of 8 & 9 Yict. English law 

 c. 109, the enactment in that section is " not to be deemed ^^ ^° *^*^ ^^- 

 to apply to any subscription or contribution, or agreement stakes ° 

 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" (s). It 

 is not clear what is excepted by the word Game in that 

 Proviso, but it seems probable that the " Sum of money to 

 be awarded to the winner " at the termination of " any 

 lawful Gfame, Sport, Pastime, or Exercise," is meant to be 

 a sum ascertained before the commencement of such Game, 

 &c., as distinguished from the case where it is uncertain 

 what sum may be won or lost until the Grame has con- 

 eluded. It would appear, therefore, that so long as the 

 money won is a SfaJie and not a JBef, and the Game, &c. is 

 lawful, and perhaps the sum ascertained before the com- 

 mencement of such Game, &c., the winner may maintain 

 an action against a loser for his Subscription or Contribu- 

 tion to the Stake {t). 



The following are lawful Games, Sports, Pastimes or Lawful 

 exercises : — Plorse Paces («), Steeple Chases (.r). Trotting Games, &c. 

 Matches (^), Coursing Matches (;:), Foot Races («), Boat 

 Paces {b), Eegattas (c), Powing Matches (c), Golf, Wrest- 



802; Hampden V. Walsh, Ij. R., 1 37 L. T., N. S. 27; 25 W. R. 



Q. B. D. 189 ; 45 L. J., Q. B. 238; 777— C. A., ante, p. 394. 



33 L. T., N. S. 852; 24 W. R. («) See the Law as to Racing, 



607 ; Bifjgle v. Higgs, L. R., 2 ante, Part 3, Chap. 2. 



Ex. D. 422 ; 46 L. J., Ex. 721 ; 37 [x) See Evans v. I'ratt, 4 Scott, 



L. T., N. S. 27 ; 25 W. R. 777— N. R. 378. 



C. A. ; Trimble v. Hill, L. R., 5 (y) See Holmes v. Sixsmith, 7 



App. Cas. 342. See ante, p. 396. Exch. 802. 



(?•) Code Civil, Book 3, tit. 3, {z) See Daintree v. Hutchinson, 



Chap. 1, art. 1905, 1966. 16 M. & W. 87 ; Emerson v. Dick- 



(a) 8 & 9 Vict. c. 109, 8. 18, son, ante, p. 400. 

 Appendix ; and see "Wagers, ante, [n) See Battij v. Harriott, 5 C. 



Part 3, Chap. 3. B. 818 ; Coates r. Hatton, 3 Stark, 



{t) The distinction between a 61. 

 Stake and a Bet was taken in {l>) See Cheeseman v. Hart, ante, 



Connor v. Quick, cited 2 W. Bla. p. 409. 



708. See also liatti/ v. Marriott, 5 (c) See Bostock v. North Stafford- 



C. B. 818; Biggie Y. Higgs, L. R., shire Hail icag Co., 4 E. & B. 798: 

 2 Ex. D. 422 ; 46 L. J., Ex. 721 ; 



O. F F 



