GAMING. , 437 



offence not exceeding forty shillings, and for the second or 

 any subsequent offence not exceeding five pounds." Where 

 the defendants were charged with being on a Racecourse 

 taking deposits on the bets made and amounts staked on 

 the several Horses, and soliciting bystanders to make bets, 

 charging ten per cent, on the amounts won, for the use of an 

 instrument which displayed the state of the odds, and by a 

 mechanical arrangement varied the announcement from time 

 to time according to the bets made, and they having been 

 convicted, it was held, that such a machine was " an instru- 

 ment or means of wagering" (A). But betting odds on 

 one of several Dogs about to run in a race and paying half 

 a sovereign, is not jolaying or betting with a coin as an 

 instrument of gaming (?). It would appear that a railway 

 carriage {k), no less than an omnibus (/), is an " open and 

 public place " within this statute (k) . And a field belonging 

 to a company which they allow their workmen and their 

 families to use for recreation and bowling matches, and 

 where strangers are also allowed to play and are not turned 

 away, is a place to which "the public have access" (w?). 



Derby Lotteries or Sweeps on Races, &c. are illegal. Racing 

 and within the express words, and clear intention, of the Sweeps. 

 Statutes against Lotteries (;?). And this was so held by 

 the Court of Queen's Bench in a case, where subscribers 

 paid 1/. each, on condition that the subscriber whose 

 name should be drawn out of a box, next after the name 

 of the Horse, which afterwards should be placed first in 

 the Race, was drawn out of another box, should be en- 

 titled to receive 100/. (o). 



The mischief intended to be remedied by the Laws Sale of Pro- 

 against Lotteries was not the gain acquired by the indi- P^^'^^y ^7 ^°^- 

 vidual keeping a Lottery, but the introduction of a spirit 

 of speculation and gambling, tending to the ruin and 

 impoverishment of families. Therefore if a Horse were 

 sold by Tickets amounting in the aggregate to no more 

 than his true value, that would be a Raffle or Lottery (p). 



(h) Eeg. v. Wolverham ptoti {Jus- {m) TurnbuU Y.Ap2)Ieton. Ab 3 .V. 



tices), Tollett v. Thomas, L. R., 6 Q. 469. 



B. 514 ; 40 L. J., M. C. 209 ; 24 L. {u) The proviso in s. 18 of 8 & 9 



T.,N. S. 508; 19 W. R. 890. Vict. c. 102, has no relation to 



(i) Hirst v.lfolesbHn/, Ij.Ti., 6 Q. Racing Lotteries, and therefore 



B. 130 ; 40 L. J., M. 'C. 76 ; 23 L. does not make them legal; Gattij 

 T., N. S. 55 ; 19 W. R. 240. v. Field, 15 L. J., Q. B. 408. 



[k) Ex parte Freestone, 25 L. J., [o) Allport v. Nutt, 1 C. B. 988. 



M. C. 121. \p) See Al^wrt v. Nutt, 1 C. B. 



(0 Reg. V. Holmes, 22 L. J., M. 984. 



C. 122. 



