)16 



APPENDIX, 



Cheating at 

 play to be 

 punished as 

 obtaining 

 money by 

 false pre- 

 tences. 



Wagers not 

 recoverable 



at law. 



Proceedings 

 under feigned 

 issues abo- 

 lished. 



deceitful Graming, and to restrain and prevent the excessive 

 Increase of Horse Eaces," as relates to the first-recited act 

 of Queen Anne, or as renders any person liable to he indicted 

 and j)unished for winning or losing, at play or by betting, at 

 any one time, the sum or value of ten pounds, or within the 

 space of twenty -four hours the sum or value of twenty pounds, 

 shall be repealed, except as to any penalties incurred on or 

 before the fifth day of March, in the year one thousand eight 

 hundred and forty-four, for recovering Avhich any suit shall 

 have been commenced before the said fifth day of March, and 

 the proceedings for recovery and application of the same. 



17. And be it enacted. That every person who shall, by 

 any fraud or xmlaivful device or ill practice («), in playing at 

 or with cards, dice, tables or other game, 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, sjDort, 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 hy a false 

 pretence (o), with intent to cheat or defraud such person of the 

 same, and, being convicted thereof, shall be punished ac- 

 cordingly. 



18. And be it enacted, That all contracts or agreements, 

 whether by parol or in writing, by way of gaming or wager- 

 ing, shall be null and void {pi) '■> ^^^ ^"^^^ ^^ suit {q) shall be 

 hrought or maintained in any court of law or equity for reco- 

 vering any sum of money or valuable thing alleged to be won 

 upon any wager, or which shall have been deposited in the 

 hands of any person to abide the event on which any wager 

 shall have been made(r): provided always, that this enact- 

 ment shall not be deemed to apply to any subscription or 

 contribution, or agreement 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). 



19. And whereas many important questions are now tried 

 in the form of feigned issues, by stating that a wager was laid 

 between two parties interested in respectively maintaining the 



(«) This must be in the Game ; 

 Heg. V. Baileij, 4 Cox, C. C. 390. 



(o) Prosecutor entitled to costs 

 under 7 Geo. 4, c. 64, s. 23 ; Reg. 

 V. Gardner, Worcester Spr. Ass. 

 1851 ; S. C. 17 L. T. 7. 



{])) Wagers declared void in 

 India by the act of the Governor in 

 Council, Oct. 10, 1848. See Eam- 

 boll V. SooJumnuU, 6 Moore's P. C. 

 314. See ante, Part 3, Chap. 3. 



[i]) See Varney v. Hickman, ante, 

 Part 3, Chap. 3. 



{r) This should be specially 

 pleaded ; Varney v. Hickman, 5 C. 



B. 282. Plea to this effect bad for 

 Generality, Grizewood v. Blane, 11 



C. B. 538. See ante, p. 423. 



(«) This proviso has no relation 

 to Derby lotteries. See Gatty v. 

 Field, 15 L. J., Q. B. 408. 



