424 



GAMING. 



Where a 

 criminal infor- 

 mation was 

 refused. 



Contracts for 

 gamins. 



Money 

 deposited for 

 gaming. 



French law 

 as to the 

 recovery of 

 etakes. 



English law 

 as to the 

 recovery of 

 stakes. 



the prosecutor of his money, it is not necessary to give in 

 evidence such a false pretence as would, if money had been 

 obtained on it by one prisoner alone, have been sufficient 

 to sustain an indictment against him for obtaining money 

 by false pretences ; and it is no bar to a conviction that 

 the prosecutor had the intention of cheating the prisoner if 

 he could (s). 



A criminal information was refused by the Court of 

 King's Bench for a conspiracy to cheat, where it appeared 

 that the persons making the application, as well as the 

 other parties against whom it was made, were a set of 

 cheats and gamblers (/'). 



By 8 & 9 Vict. c. 109 (u), "all contracts and agreements, 

 whether by parol or in writing, by way of gaming or 

 wagering," are null and void. 



And where money has been paid to a stakeholder, in 

 pursuance of a contract by way of gaming, either party 

 may recover back his share before it has been paid over (x). 

 But in no case can the tchok be recovered by the winner. 



The French law does not allow an action for a debt at 

 play. But games proper in the exercise of feats of arms, 

 foot races, horse or chariot races, tennis, and other sports of 

 the same nature, which require address and agility of body, 

 are excepted, subject to the power of the Court to reject 

 the demand where the sum appears to be excessive (y). 



Under the proviso in the 18th section of 8 & 9 Vict. 

 c. 109, the enactment in that section is " not to be deemed 

 to apply to any subscription or contribution, or agreement 

 to subscribe or contribute, for or towards any plate, prize, 

 or sum of money to be awarded to the winner or winners 

 of any lawful game, sport, pastime or exercise" (z). It 

 is not clear what is excepted by the word gai7ie ia that 

 proviso, but it seems probable that the " sum of money to 

 be awarded to the winner " at the termination of " any 

 lawful game, sport, pastime, or exercise," is meant to be 

 a sum ascertained before the commencement of such game, 



(s) Sfff. 1'. Hudson, Bell, C. C. 

 263; 29 L. J., M. C. 14.5. 



(t) Rex V. Peach, 1 Burr. 548. 



(«) 8 & 9 Vict. c. 109, s. 18, 

 Appendix. 



{x) Cotton V. Thurland, 5 T. E. 

 408 ; Smith v. Bickmore, 4 Taimt. 

 474 ; Hastelow v. Jaclcson, 8 E. & C. 

 221 ; llodsoii V. Terrell, 1 C. & M. 

 802 ; Hampden v. Walsh, 1 Q. B. D. 

 189; 45 L. J"., Q. B. 238; 33 L. T., 



N. S. 852 ; 24 "W. E. 607 ; Biggk 

 V. Higgs, 2 Ex. D. 422 ; 46 L. J., 

 E.X. 721; 37 L. T., N. S. 27; 25 

 W. E. 777— C. A.; TrimUe^. Hill, 

 5 App. Cas. 342. See ante, pp. 376 

 —381. 



(y) Code CivU, Book 3, tit. 3, 

 Chap. 1, art. 1965, 1966. 



(i) 8 & 9 Vict. c. 109, s. 18, 

 Appendix ; and see Wagers, ante. 

 Part III., Chap. III. 



