WAGERS. 419 



Money deposited with a stake-holder to abide the result 

 of a foot-race between the depositor and a third person is 

 not money paid under or in respect of a wagering contract 

 within the Act, and, therefore, if demanded by the depositor 

 from the stake-holder before payment over to the third 

 person, can be recovered by action (c). 



Where bills of exchange were accepted without a drawer's 

 name and handed to B. in payment of bets ; and B. subse- 

 quently, for consideration, handed them to the plaintiff, who 

 signed his own name to them and sued the defendant on 

 them ; it was held that the Act did not apply, and that the 

 defendant was liable {d). 



In the case of Eeg. v. Orhell (e), it was held to be an Cheating 

 indictable offence to get a person to lay money on a race, '*™g''*'^- 

 and prevail with the party to run booty ; for though the 

 •cheat was private in this particular, yet it was jowWic in its 

 •consequences. Cheating, however, is now specially pro- 

 vided against by the 17th section of 8 & 9 Vict. c. 109, 

 where it is enacted that " every person who shall by any 

 fraud or iciilatoful device or ill practice, in wagering on the 

 event of any game, sport, 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 obtain- 

 ing such money or valuable thing from such other person 

 by a fake pretence with intent to cheat or defraud such 

 person of the same, and being convicted thereof shall be 

 punished accordingly ; " and therefore every such person is 

 guilty of a misdemeanor, and on conviction is liable at the 

 discretion of the Court to penal servitude for any period not 

 less than three years or exceeding five years (/), or to be 

 imprisoned for any term not exceeding two years (g), and 

 the prosecutor is entitled to his costs under 7 Geo. 4, c. 64, 

 s. 23' (A). 



What is commonly known as " welshing " is also an WdsHng. 

 indictable offence. Thus, where the prisoner laid odds 

 against a particular horse at a race meeting, and, upon its 

 winning, decamped with the money deposited with him by 

 the prosecutor to abide the event of the wager, it was 



67 L. T., N. S. 683; 41 W. E. (/) 24 & 25 Vict. c. 96, s. 88; 



174. 54 & 55 Vict. c. 69, s. 1, sub-s. (1). 



(e) O'SuUivan v. Thomas, [1895] (g) 24 & 25 Vict. c. 96, s. 88; 



1 Q. B. 698. 54 & 55 Vict. c. 69, s. 4, sub-s. (2). 



{d) Faulks v. Atkins, 10 Times (A) Per Patteson and Talfourd, 



L. E. 178 — WUls, J. JJ., Reg. v. Gardner, Worcester 



{e) Reg. i. Orbell, 6 Mod. 42. Spr. Ass. 185) , 



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