STAKEHOLDERS. 379 



section amounts to this : All contracts by way of gaming 

 and wagering are null and void ; and then, dealing with 

 those contracts, it says that no action shall be brought 

 with respect to them ; that is to say, all gaming contracts 

 are void, and the winner of the game or wager shall not 

 maintain a suit against his antagonist or the stakeholder. 

 This construction makes one member of the section in 

 unison with the other. What legal right there may be to 

 recover back money paid under a contract that is void, the 

 statute leaves it untouched. The decision of the learned 

 Judge was wrong, and I think that judgment ought to be 

 entered for the plaintiff." 



Transactions of this nature are not affected by the Eight to 

 Gaming Act, 1892 (55 Vict. c. 9), s. 1, as to which see Xted b"* 

 ante, p. 370, it having been held that money deposited by Gaming Act, 

 A. with B. as stakeholder to abide the result of a foot race 1892. 

 between A. and a third party was not money paid under or 

 in respect of a wagering contract within the meaning of the 

 Act, and therefore that A., having demanded the deposit 

 back from B. before it had been paid over by him to the 

 third party, was entitled to maintain an action against B. 

 for its recovery {e) ; Wright, J., saying — " The expression 

 ' money paid by him ' does not appear properly to apply to 

 a revocable deposit. And it seems difficult to disregard the 

 consideration that a different construction would tend 

 directly and almost necessarily to defeat the very object of 

 the Act, by preventing a revocation of the deposit, and so 

 giving to the winner of the wager a practical certainty of 

 being paid his bet, which advantage he did not previously 

 possess " (/). 



If two parties enter into an illegal or void contract, and Eecovery of 

 money is paid upon it by one to the other, or to a stake- ™™u iUegal 

 holder, it may be recovered back before the execution of contract, 

 the contract, but not afterwards ((/) ; unless, if paid to a 

 stakeholder, the stakeholder has paid it over contrary to 

 notice given to him by one of the parties not to do so {h). 



A person who has staked his money on an illegal or What the 

 void transaction, and wishes to recover it, should do some "^^^^ s^-^ovli. 

 act to put an end to the affair. And he should demand 



(«) O'SuUwan v. Thomas, [1895] 14 M. & "W. 712 ; Varimj v. Rick- 



1 Q B. 698 ; 64 L. J., Q. B. 398 ; man, 5 C. B. 281. See also £oiic v. 



72 L. T., N. S. 285 ; 43 W. E. 269. £Jdess, 6 H. & N. 925. 



(/) [1895] 1 Q. B. at p. 701. (A) Sastelmv y. Jackson, 8 B. & 



(g) Mastelou'T. Jackson, 8 B. & C. C. 226 ; £one v. Mless, 5 H. & X. 



226 ; and see Mearing v. IlelUmjs, 925. 



