432 GAMING. 



recover the value of the watch, as such a proceeding was in 

 point of fact a lottery {/). 



So, too, the distribution of presents, according to a pre- 

 vious announcement after a musical entertainment to per- 

 sons occupying certain numbered seats, who with the rest 

 of the audience had paid a sum of money for admission 

 generally to the room, the numbers of the fortunate 

 recipients being called out, and the presents handed to 

 them, was held to be a lottery within 42 Geo. 3, c. 119, 

 s.2{g). 

 Lottery with- A scheme for the distribution of prizes by chance is not 

 out blanks. j^q jggg g^ lottery because each of the ticket-holders is to 

 receive some value for his money. Thus where the defen- 

 dant announced a bazaar to be conducted according to the 

 principles of the Art Union, at which tickets were to be 

 drawn by subscribers of one shilling, which entitled them, 

 at all events, to what professed to be a shilling's worth of 

 goods, and also to the chance of certain bonuses of greater 

 value ; it was held that the case came within the mischief 

 against which the Lottery Acts were directed, inasmuch as 

 the subscribers parted with their money in the hope of 

 obtaining not only their alleged shilling's worth of goods, 

 but one of the more valuable bonuses, the right to which 

 was to be ascertained by chance (//). 



A similar conclusion was arrived at in Taylor v. 

 Smdten (i). That was an appeal from a conviction for 

 keeping a lottery. The appellant erected a tent, in which 

 he sold packets, each containing a pound of tea. In each 

 packet was a coupon entitling the purchaser to a prize, 

 and this was publicly stated by him before the sale, but 

 the purchasers did not know until aiter the sale what prizes 

 they were entitled to, and the prizes varied in character 

 ana value. It was held that this constituted a lottery ; 

 Hawkins, J., delivering the considered judgment of the 

 Court, saying that it could not be doubted that in buying 

 a package, the purchaser treated and considered it as a 

 purchase of the tea and the coupon, whatever its value 

 might turn out to be. " In other woids he bought the tea 

 coupled with the chance of getting something of value by 

 way of a prize, but without the least idea what that prize 

 might be. In making his purchase he exercised no choice 



(/) RodiJy V. Stanley, 5 Ir. Jur. [h) R. v. Earris, 10 Cox, C. C. 



10. 352, per M. Smith, J. 



{g) Morris ,. Blachnan, 10 Jur., (;) 11 Q. B. D. 207; 52 L. J., 



^'- S. 520. M. C. 101; 48 J. P. 36. 



