186 HISTORY OF THE 



restrictions of the provisions of that Act. It will 

 therefore follow, as that statute prohibits any 

 gaming, at one time, for a greater amount than 

 £10, that no wager on a horse-race, though such 

 race be perfectly legal, will be good if such wager 

 exceeds this sum. For though the statutes before 

 cited legalize the racing of horses with the restric- 

 tions contained therein, yet they do not legalize 

 any bets made in reference to the same. But 

 a wager is good if under £10, and made in refer- 

 ence to a legal race, and may be recovered at 

 law. 



If the race be illegal on which the w^ager is 

 founded, then it matters not for what sum it is 

 made ; it will be void, since no good wager can be 

 based on a subject matter which is in itself illegal 

 and void. 



It should be noticed here, that where money, 

 the subject matter of an illegal wager or a horse 

 race, is deposited in the hands of a stake-holder, 

 either party may call upon him to hand over his 

 share of the money, although the wager has been 

 lost, provided such stake-holder has not handed it 

 over to the winner. If he neglect to comply with 

 a request of this sort, an action for money had and 

 received can be maintained against him. 



