GAMING. 435 



tion for a new trial the correctness of this ruling was 

 doubted, but the point was not decided, the company being 

 held illegal upon another ground {q). 



In Sykes v. Beadon (r), Jessel, M.R., though not intend- 

 ing to decide the point, expressed grave doubt as to whether 

 an association, formed on the principle of investing the 

 subscriptions of the members, and dividing the capital fund 

 and profits among themselves, by means of certificates con- 

 vertible by annual drawings by lot into preference dividend 

 bonds bearing interest, with a bonus, was not illegal as 

 being within the Lottery Acts ; adding that " Building 

 societies are in a different position ; they are loan societies. 

 In an association such as this it is not a case of loans to be 

 returned, but of subscriptions to be divided among the 

 subscribers by drawings by lot, and the prize is a bond with 

 a bonus." But any doubts that may have existed on this 

 point would appear to be set at rest by the decision of the 

 House of Lords in Wallingford v. Mutual Society (s), where 

 it was held that a society constituted avowedly for the 

 benefit of its members, making certain of them entitled to 

 particular benefits by the process of periodical drawings, 

 does not come within the Lottery Acts; Lord Selborne, 

 L.C., it) saying : " One of those Acts plainly, on the face of its 

 recitals, (the enacting part not departing from those recitals,) 

 had reference to gambling transactions only, and in my 

 judgment this was not a gambling transaction within the 

 meaning of that Act. The other had reference to persons 

 who kept lottery ofiices, at which the public were invited to 

 pay for lottery tickets ; and that Act could have no applica- 

 tion to this case." 



The case of Barratt v. Burden (u) was an appeal from a Aiding, &c. in 

 conviction for aiding and abetting in keeping a lottery, keeping a 

 The lottery was carried on by the sale of sweetmeats in the " '^'^■^' 

 form of a " turnover," a certain number of which contained 

 sweets enclosing coins. The appellant had supplied these 

 articles wholesale, well knowing for what purpose they 

 were to be used, and had urged upon the retail dealer the 

 purchase of them on the ground that they contained a 

 greater number of money prizes than those supplied else- 

 where. It was held that the conviction was right on the 

 ground that the supplying of such materials for a lottery, 



(?) 0'Connory.:BradsAaw,5'E,xch. Q. B. 49 ; 43 L. T., N. S. 258; 29 



882 ; 20 L. J., Ex. 26. W. R. 81. 



()•) 11 Ch. D. 170, 185. (0 5 App. Cas. at p. 697. 



(s) 5 App. Cas. 685 ; 60 L. J., {u) 63 h. J., M. C. 33. 



F F 2 



