TABLE OF CONTENTS

CHAPTER I.

PART I.

At Common Law what Wagers Illegal, [1]–4; Statutes 16 Car. II., and 9 Anne, [4], [5]; Betting at Games alone within Statutes, [7]–9; whether Contract avoided as well as Security, [9]; bonâ fide Indorsee for Value could not sue Acceptor of Bill, [10].

PART II.

5 & 6 Wm. IV., c. 41.

1. All Bills and Securities within Statute of Anne deemed to be for Illegal Consideration, [11]; Law as to Bills and Notes for Illegal Consideration, 11; What cases are within the Act, [11]; Wagers on Games only, [11], [12]; Cheque for Gaming Debts incurred abroad, [14]; Loans for Gaming purposes, [15], [16]; Deposit of Stakes under £10 net, [12]; Results of Illegality, [18]; Void Consideration different, [20]; Notice, [21]; Pleading Illegality, [23]; Drawer’s Liability to Indorser, [11]–12; Bonds within Act, [28]; Consideration Illegal in part, Contracts Divisible and Indivisible, 24; Test of whether Contract affected with Illegality, Agents, Partners, &c., [16]–18.

2. Acceptor who has paid Bill for Gaming Debts can recover from Drawer, [26]; with Interest when, [27]; Acceptor paying by Cheque, [27]; Instruments within the Act, [28].

PART III.

8 & 9 Vict., c. 109, s. 18, p. 28.

Statute makes Wagers Void, not Illegal, [29]–; Indian Law of Wagers, [31].

Decisions under the Statute—

I. What are Contracts by way of Wagering, [32]; consensus ad idem necessary, [32]; mutuality, [33]; One must win, the other must lose, [33]; Each party selects an event in which he is to be paid, [33]; Substance rather than the form of Contract must be looked at, [33]; Wagers under guise of Sales, void, [35]; Agreement with Tipster, [36]; Executors must not pay betting debts, [38]; Deposit of Stakes on Horse Race, [36]; Rescission by Wager, [38]; Speculative Sales valid, [39]; Principal and Turf Commission Agent, agreements between, not in nature of Wager, [40]–; Agent must account to Principal for Winnings, [40]–; Authority of Agent to pay Losses, [45]; such authority irrevocable, [47]–; What Agent must prove, [52]; Gaming Amendment Act, [53]; Agent cannot recover from third party, [53].

II. No action to be brought on Wager, or to recover money deposited, &c., [51]–; Depositor can recover Stake from Stakeholder before money paid to Winner, [51]–; Notice necessary to determine Stakeholder’s authority, [54]; other ways in which authority determined, [57]; His liability, [60]; When he Guarantees Stakes, [60]; Guarantee of Wager, [60]; Forfeits or Penalty for non-performance of Wagers not recoverable, [61]; Money deposited on bet, right to recover, [64]; ditto, from keeper of betting house, [65]; Conflict of laws, [66]; Wagers made abroad, [68].

III. The Proviso in favour of a Subscription to a Prize for the Winner of a lawful Game, [68].

(a.) The meaning of a Subscription to a Prize, deposits by Competitors in a race are not, [69] et seq.; “Sum added” by Third Party is, [73]; Entrance Money, Stakes, Forfeits, Cups, Plates, [74].

(b.) When a person is the “Winner,” [74]; Second Horse within term, [75]; must be Two competing, [75]; Winner must be a competitor, 75; semble Breeder cannot recover Produce Stakes, [76]; must have decision of Judge or Umpire in his favour, [76]; when authority of Umpire to decide exists, [76]; Stewards of Racecourse, Decision final, [78]; Person cannot sue as Winner unless their decision in his favour, [79]; Construction of Agreement by Court, parol evidence, [81]; Starter requisite, [81].

(c.) What are Lawful Games within Statute, [82]; Horse-racing, History of, [82]; Cock-fighting illegal, [85]; Billiards on Public Tables, [85]; Games prohibited by the Statutes of Geo. II., [86]; Royal Palaces, Exception in favour of, [86].

CHAPTER II.

Transactions on the Stock Exchange.

Barnard’s Act, [7] Geo. II., c. 8, effect of, [87] et seq.; repeal of, [89]; Cases of Nicholson v. Gooch and ex parte Grant, [88]–92; Official Assignee, ibid., receives differences due to defaulter, ibid., defaulters trustee in bankruptcy cannot recover from, ibid., bargains for differences, [92]; test of a wagering contract, [94], not known on Stock Exchange, [96]; Broker can recover differences paid for client, [96]–97; defaulter, adjustment of differences, [99]; effect of 8 & 9 Vict. c. 109 s. 18, very limited in Stock Exchange, [100]; Time bargains, 101; Prospective Dividends, sale of, [102]; bucket shops, dealings in, when wagers; Shaw v. Caledonian Railway, Universal Stock Exchange v. Howat, 103 et seq.; Options, [106]; Continuations, [108]; difference between and loan, 110; Results of Authorities, [113]; Bankruptcy Discharge refused on ground of Speculation, [115].

30 & 31 Vict., c. 29—

Leeman’s Act, [116] et seq.; History of Legislation on Stock Exchange Transactions, ibid.; Act not observed on Stock Exchange, [117]; Liability of Broker for not observing, [117]. Broker’s right to indemnity query, [122]; actual transfer not affected, [122].

Review of Law relating to Wager Contracts, [123].

CHAPTER III.

Lotteries.

Statutory Provisions respecting, [128]; Summary, [132]; Foreign Lotteries, 133; Sweepstakes, [134]; Companies distributing Benefits by Lot, [136] et seq.; Test of a Lottery, [140]; Bazaars, Fishponds, [141]; Illegality affects subsequent Contract, [142]; Recovery of Deposit on demand, [143]; Partnership or Company infringing Acts, Account of Profits, [145]; Proceedings in case of, 146; Art Unions, [147]; no Privilege of Parliament, [148].

CHAPTER IV.

Gaming Houses.

Nuisances at Common Law, [149]; Houses for Unlawful Games, [151]; Unlawful Games, [152]; Summary of Statutes, [155]–; What constitutes a Gaming House, [155]; Private Houses, [157]; Public Billiard Tables, [157]; Keeping a house for Unlawful Gaming, the Park Club Case, [157] et seq.; The Players, [160]–161; Lending money for Unlawful Gaming, [162]; Partner or principal in gaming house cannot sue co-partner or manager for profits, [162]–164; Third party (ex-banker) cannot set up illegality, [164]; Cheating at play, 164; No privilege of Parliament, ibid.

Betting Houses.

16 & 17 Vict., c. 119, Summary of Provisions and Offences created by Statute, [165]–7; What is a “Place,” [168]–; A Room, [174]; Persons liable—owner, occupier, using or permitting user, [175] et seq.; Persons using the same, [179]; What is “User,” [176]; Manager, [179]; Illegal betting within the Act (a) with persons resorting thereto, [182] et seq.; Tattersall’s not within Act, [183]; query Bucket shops, [184]; query Betting by Correspondence, [184]; Commission Agents, [185]; Coupons and Competitions, [186]; (b) Keeping house for ready-money betting, 187; query Receiving cover in bucket shop, [189]; receipt must be in house, etc., [189]; secus under Sec. 4, [190]; Stakeholder of Race Meeting not liable, [190]; Commission Agent taking ready-money liable, 190; Betting Partnerships, [191]; Income Tax payable, [191]; Steward’s authority in Grand Stand, [191]; Advertising Betting Houses, [191]; Betting Lists, [192]; Scotland included, [192]; 37 Vict., c. 15, as to advertising the giving of Tips, Information, &c., Clubs and Foreign houses, [193], [194]; Infants’ Betting and Loans’ Act, [194]; Welshing, [195].

Procedure.

Search Warrants against Gaming and Betting Houses and arrest of persons found therein, [196]–202.

Licensed Premises, Allowing Gaming in, [202]–; 35 & 36 Vict., c. 94, ibid.; Knowledge or Connivance of Owner or Servant, [202], [203]; What Gaming is within the Act, [204]; When Betting is legal, [205].

Public Place, Betting in, [205]; Instruments of Gaming, [205]; a Public Place, [206]; Game of Chance, what is, [207].

Betting in Metropolitan Street, [208].

Appendix.

A. Higginson v. Simpson, notes on.

B. Rules on Betting.

C. Carlill v. Smoke Ball Company, observations on.