GAMING. 433 



— what lie got he got without any option or action of his 

 own will, but as the result of mere chance or accident." 



Where a person kept a shop for the sale of sweets in 

 packets and sold penny packets of caramels, several of which 

 contained a halfpenny, in addition to a fair pennyworth of 

 sweets, it was held that he was rightly convicted of keeping 

 a lottery, notwithstanding that there was no advertisement 

 of the prizes (k). 



The case of Barclay y. Pearson {l) is another instance "Missing 

 of an unsuccessful attempt to evade the law. In that petition*^"™" 

 case, the defendant, who was the proprietor of a newspaper, 

 carried on in connection therewith a competition under 

 the following conditions. He published in his paper a para- 

 graph omitting the last word, and a coupon containing a 

 direction that persons wishing to enter the competition 

 must cut it out, fill in the word missing from the para- 

 graph, together with their names and addresses, and send it 

 with a postal order for a shilling, to the ofiice of the paper. 

 It was further stated in the paper that the missing word 

 was in the hands of a chartered accountant, enclosed in a 

 sealed envelope; that his statement with regard to this 

 would appear, with the result of the competition, in a 

 subsequent issue of the paper ; and that the whole of the 

 money received in entrance fees would be divided equally 

 amongst those competitors who filled in the missing word 

 correctly. The successful competitors brought an action 

 against the defendant and the unsuccessful competitors, 

 seeking administration of the trusts of the moneys in the 

 hands of the defendant, for the purpose of the competition, 

 and distribution among the persons entitled thereto. It 

 was held that the competition constituted a lottery within 

 the meaning of 42 Geo. 2, c. 119, ante, pp. 428, 429, and was 

 therefore illegal, and that, so far as the money in the 

 hands of the defendant was impressed with a trust, it 

 was one which had arisen out of an illegal transaction, 

 and the Court would not render any assistance in its 

 administration. 



This case is easily distinguishable from Caminada v. Racing 

 Hulton im), and Stoddart v. Sugars (n), in both of which ^.g^JJl^";^ 

 the legality of the racing coupon competitions promoted tions."' 



(k) Sunt T. Williams, 52 J. P. (m) 60 L. J., M. C. 116; 64 



821. L. T., N. S. 572; 39 W. E. 540; 



d) [1893] 2 Ch. 164 ; 62 L. J., 65 J. P. 27. 



Ch. 636 ; 68 L. T., N. S. 709 ; 42 («) [1895] 2 Q. B. 474 ; 64 



W. E. 74— Stirling, J. L. J., M. C. 234. 



0. F F 



