434 GAMING. 



by the proprietors of sporting newspapers was questioned. 

 In the former case, the proprietor of such a paper issued 

 weekly, at the price of a penny, in connection with the 

 paper, a handicap book or racing record, the last page of 

 which was a coupon in which six races to come were 

 selected, and prizes offered to any purchaser who filled it 

 up with the names of six, five, or four winning horses, 

 under certain specified conditions. It was held that this 

 was not a lottery. Day, J., saying, " I am clearly of opinion 

 that this case can in no possible sense be deemed to 

 be a lottery within the meaning of the Lottery Act. 

 There is no contrivance or device to obtain money by 

 chance or by anything in the nature of a chance, and 

 in my judgment, what is done here nowhere approaches 

 the description of a lottery." In Stoddart v. Sugars (o) 

 the defendants published a newspaper containing an 

 advertisement of a coupon competition, which was to be 

 carried out by means of coupons to be filled up by the 

 purchasers of the paper, with the names of the horses 

 selected by them as likely to come in first, second, third, 

 and fourth, in a race. For every coupon filled up after the 

 first the purchaser was to pay a penny, and the defen- 

 dants promised a prize of 100/. for naming the first four 

 horses correctly. On the part of the prosecution, it was 

 sought to distinguish this case from Cammada v. Hul- 

 ton (p), on the ground that in that case everyone dealing 

 with the respondent received something of value, as in any 

 event he got the book. But it was held that the transaction 

 did not amount to a lottery, as there was no contrivance or 

 device to obtain money by chance, neither the selection of 

 the winner of a horse-race, nor the selection of the first four 

 horses in a race, being purely matters of chance. 

 Ballot in A question also arises as to whether the ballot which 



buildmg takes place in building societies, and other benefit societies 



' ■ of the like nature, for the choice of allotments constitutes a 

 lottery within the meaning of the Lottery Acts, and particu- 

 larly 12 Geo. 2, c. 28, ante, p. 427. Where a company 

 consisting of a number of persons subscribmg small sums 

 was formed for the purpose of buying land, erecting 

 dwellings thereon, and alloting the same to the subscribers, 

 the allotment depending upon the result of a ballot; 

 Pollock, O.B., directed the jury that the scheme was illegal 

 as being contrary to the Lottery Acts. Upon an appliea- 



(o) Ante, p. 433. {p) Ante, p. 433. 



