366 RACING, WAGEES AND GAMING. 



elaborate judgment was delivered by Mr. Baron Rolfe, in 

 which it was held that at that time a horse race for money 

 of any amount whatever, given by third persons by way of 

 prize, was not illegal ; that a horse race migbt be run for a 

 sweepstakes of 2/. each, as there could not be any loser 

 to the amount of 10/., and therefore it was not within 

 section 2 of 9 Anne, c. 14, and probably not within section 5 

 of the same statute ; and that, though in balancing the 

 earlier decisions there might be some doubt whether, under 

 9 Anne, c. 14, not only the securities given for a gaming 

 debt, but the contract itself, was avoided, at all events this 

 must be taken to be the case since 5 & 6 Will. 4, c. 41. 



Soon after this decision, numerous qui tarn actions were 

 brought by common informers and others for penalties in- 

 curred under 16 Car. 2, c. 7, and 9 Anne, c. 14, by betting 

 on horse races and running coursing matches, &c. ; and to 

 stop these proceedings 7 & 8 Vict. c. 3 was passed, which 

 was afterwards extended by 7 & 8 Vict. c. 58. By these 

 Acts all proceedings were to be stayed, on application to 

 the Court, which had been commenced by common iaformers 

 or persons other than the actual losers, for penalties in- 

 curred by playing at, or betting on, certain sports, pas- 

 times, and games, viz., horse races, foot races, boat races, 

 regattas, rowing matches, sailing matches, coursing matches, 

 fencing matches, golf, wrestling matches, cricket, tennis, 

 fives, rackets, bowls, quoits, curling, putting stone, football, 

 or any bond fide variety, or any similar description of these 

 sports, pastimes, and games {d) ; no common informers, 

 but only the actual loser, or his representatives, were to 

 commence any proceedings for penalties under 16 Car. 2, 

 c. 7 ; 9 Anne, c. 14, or any other Act, for playing at, or 

 betting on, any of the sports or pastimes above enu- 

 merated (e). And if such proceedings were in the nature 

 of an indictment, the consent in writing of her Majesty's 

 Attorney-Greneral must first have been obtained (/). 

 8 '^^^i"*- These Acts were to continue in force until the end of 



that session of parliament. Before the expiration of that 

 time, however, 8 & 9 Vict. c. 109 was passed, intituled 

 " An Act to amend the law concerning Games and AVagers," 

 and received the royal assent on the 8th of August, 1845. 

 It recites that " The laws heretofore made in restraint of 

 unlawful gaming have been found of no avail to prevent 



(<?) 7 & 8 Vict. c. 3, s. 1. (/) Ibid. s. 4. 



(e) Ibid. s. 3. 



109. 



