THEIR HISTOBY, RISE AND PROGRESS. 365 



the last-named person to the person who has paid the 

 money, and be recoverable accordingly in an action at 

 law (i). In this reign also an Act was passed to prevent 

 the advertising of any foreign or illegal lottery under a 

 penalty of 50^. (m). 



When Queen Victoria ascended the throne, the law of Reign of 

 racing, wagers and gaming was in a most unsatisfactory Q^.e^n Vic- 

 condition ; but the Judges began to look more favourably 

 upon sporting transactions. Formerly, the tendency of 

 the Courts was towards an extension of the prohibitory 

 enactments, and a corresponding strict construction of any 

 relaxations of them. But now the current of judicial opinion 

 took another direction, and a different view of the subject 

 prevailed. Racing and matters connected with it were no 

 longer regarded in Westminster Hall with an unfavourable 

 eye, and it is, perhaps, hardly going too far to assert, that 

 some transactions were supported which former Judges 

 would barely have allowed to be argued (x). Steeple- 

 chases were held to be legal (y), as also trotting matches 

 along a road(s). We have at length, however, had the 

 law on these subjects simplified and put upon a rational 

 footing ; and for this change we are indebted to the commoa 

 informers who brought qui tarn actions against certain in- 

 fluential individuals. 



In A.D. 1840, 3 & 4 Vict. c. 5 was passed, which repealed 

 so much of 13 Geo. 2, c. 19, as relates to the subject of horse 

 racing (a) ; and persons sued for penalties under that Act 

 might, on application to the Court, have an order granted 

 for the discontinuance of the suit (b). At this period then 

 the statutes in force with regard to racing and gaming 

 were nearly the whole of 33 Hen. 8, c. 9, so much of 

 16 Car. 2, c. 7, and 9 Anne, c. 14, as had not been repealed 

 and altered by 5 & 6 Will. 4, c. 41 ; 2 Geo. 2, c. 28, s. 9 ; 

 12 Geo. 2, c. 28 ; so much of 13 Geo. 2, c. 19, as does not 

 relate to racing ; 18 Geo. 2, c. 34 ; 5 & 6 WiU. 4, c. 41 ; 

 and 3 & 4 Vict. c. 6. 



Such being the state of the law, the famous case of 

 Applegarth v. Colley (c) came before the Court of Exchequer 

 on special demurrer ; and after taking time to consider, an 



It] Ibid. s. 2, and see Gaming, (z) Ohalland v. Bray, 1 Dowl 



post Chap. IV. N. S. 783. 



(«) 6 & 7 Will. 4, c. 66. («) 3 & 4 A^ct. c. 6, s. 1. 



(x) 31 Law Mag. 72. (b) Ibid. s. 2. 



(«) Evans v. Pratt, i Scott, N. E. [c] Applegarth v. CoUeij, 10 JI. 



378 ■ S a, 1 DowL, N. S. 505. W. 728 ; and see post, Chap. l\. 



