444 GAMING. 



again by the loser (ic). But if it has not heen paid, the 

 winner cannot maintain any action for it, because the 

 contract is null and void (^). 

 Securities for All Securities under seal, except Mortgages, given for 

 money so lost. ]y;oney lost at lawful Play, or at any legal Game, would 

 now appear to be good (//) . But where a Promissory Note, 

 a Bill of Exchange, or a Mortgage, has been given for 

 money so lost, it is not void as formerly, but is to be 

 deemed and taken to have been given for an illegal con- 

 sideration (z). The consequence of which is, that they are 

 still void as between the original parties, and also as against 

 all persons who have taken them with Notice of the ille- 

 gality, or after they have become overdue, or without 

 giving value for them ; but good in the hands of every 

 person who has given value, and taken the instrument 

 bond fide, and before it was due [ct) . 



Accordingly where a bond was assigned for a valuable 

 consideration without notice of objection to its validity, 

 the obligor having applied to the assignee for a further 

 advance, and offering to give a mortgage for the whole, 

 but stating no objection to the validity of the bond, was 

 not allowed afterwards to endeavom* to avoid the bond 

 by evidence that it was given to secure money lost by a 

 bet on a Horse Pace ; for the Court will not allow a 

 person to set up an objection to the validity of his own 

 obligation upon grounds which he suppressed at the time, 

 but against which, if divulged, the obligee could have pro- 

 tected himself (Z^). It appears, therefore, that bonds are 

 within the equity of 5 & 6 Will. 4, c. 41, which makes 

 securities valid in the hands of liond fide holders without 

 notice that the consideration was a gaming debt {c). 

 General effect The effect of the Act, therefore, seems to be, that where 

 w'^ii'^4^ a sum of money is won as a Stake in a lawful Grame, or 



■ ' ■ ' under other circumstances therein mentioned, and a Pro- 

 missory Note, Bill of Exchange or Mortgage is given in 

 payment, or as a security, not only is the instrument void as 

 between the parties themselves, but the circumstance of its 



(«') iPKinnell v. Robinson, 3 M. & pendix. 

 W. 441 ; Thistleu-ood v. Cracroft, (a) Smith, Contr. 186 ; TadenUhe 



IM. &S. 500; Smith, Contr. 188. v. Holroyd, before Chief Justice 



[x) 8 & 9 Vict. c. 109, s. 18. Wilde, Common Pleas Sittings, 



(//) Formerly void under 9 Ann. Nov. 30, 1846. 

 c. 14, s. 1, which is altered and re- {b) Hawker v. Halliicell, 3 Sm. & 



pealed by 5 & 6 Will. 4, c. 41, ss. 1, Giff . 194. See also ante, p. 417, Eill 



2, and 8 & 9 Vict. c. 109, s. 15. v. Fox, 4 H. & N. 359. 



(z) 5 & 6 Will. 4, c. 41, Ap- (f) See post, p. 446. 



