GAMING. 



431 



Definition of 

 lottery. 



by a foreign prince for lottery loans, and that " at least 

 five issues have to be made annually" in the foreign 

 country, is not an advertisement or notice of a foreign 

 lottery within the meaning of 6 & 7 Will. 4, c. 66 (s). 



By 9 & 10 Vict. c. 48, s. 1, the Act legalising Art Unions, Art Unions, 

 it is provided that voluntary associations constituted for 

 the distribution of works of art are to be deemed legal, 

 where a Royal Charter has first been obtained. 



In Webster's Dictionary a lottery is defined to be a 

 " distribution of prizes by lot or chance," and a similar 

 definition is given in Johnson. " Such definitions," said 

 Hawkins, J., delivering the judgment of the Court in 

 Taylor v. Smetten («), " are in our opinion correct, and in 

 such sense we think the word is used in the statute (b), and 

 in this view we are justified by the language of the earlier 

 statutes directed against unlawful games and lotteries ; " and 

 then proceeded to make special reference to the provisions 

 of the 12 Geo. 2, c. 28, ss. 1, 2, ante, p. 427, 428. 



Derby lotteries or sweeps on races, &c., are illegal, and 

 within the express words, and clear intention, of the 

 statutes against lotteries (c). And this was so held by 

 the Court of Queen's Bench in a case, where subscribers 

 paid 11. each, on condition that the subscriber whose name 

 should be drawn out of a box, next after the name of the 

 horse, which afterwards should be placed first in the race, 

 was drawn out of another box, should be entitled to re- 

 ceive 100^. (d). 



The mischief intended to be remedied by the laws against Sale of 

 lotteries was not the gain acquired by the individual keeping P™perty by 

 a lottery, but the introduction of a spirit of speculation and 

 gambling, tending to the ruin and impoverishment of 

 families. Therefore if a horse were sold by tickets 

 amounting in the aggregate to no more than his true 

 value, that would be a raffle or lottery (e). 



Where an announcement was made by a dramatic per- 

 former that the holder of a certain ticket of admission to 

 the theatre should be entitled to a gold watch of a specified 

 value, and the price of tickets had been consequently 

 raised, it was held that the holder of the ticket could not 



Racing 

 sweeps. 



Attempt to 

 evade the law. 



(z) Macnee t. Persian Investment 

 Corporation, 44 Ch. D. 306; 69 

 L. J., Ch. 695; 62 L. T., N. S. 

 894 ; 38 W. R. 596. 



[a) 11 Q,. B. D. at p. 210. 



(4) 42 Geo. 2, c. 119, s. 2. 



(c) The proviso in s. 18 of 8 & 9 



Vict, c. 102, has no relation to 

 racing lotteries, and therefore does 

 not make them legal ; Gatty v. Field, 

 15 L. J., Q. B. 408. 



[d) Allport V. Nutt, 1 C. B. 974. 



(«) See Allport v. Kutt, 1 C. B. 

 at p. 984. 



