PRIVATE lotteries are now illegal at Common Law in Great Britain and Ireland; and penalties are also incurred by the advertisers of FOREIGN lotteries. Some years ago it became common in Scotland to dispose of merchandise by means of lotteries; but this is specially condemned in the statute 42 Geo. III. c. 119. An evasion of the law has been attempted by affixing a prize to every ticket, so as to make the transaction resemble a legal sale; but this has been punished as a fraud, even where it could be proved that the prize equalled in value the price of the ticket. The decision rested upon the plea that in such a transaction there was no definite sale of a specific article. Even the lotteries; for Twelfth Cakes, &c., are illegal, and render their conductors liable to the penalties of the law. Decisive action has been taken on this law, and the usual Christmas lotteries have been this year (1870) rigorously prohibited throughout the country. It is impossible to doubt the soundness of the policy that strives to check the spirit of gambling among the people; but still there may be some truth in the following remarks which appeared on the subject, in a leading journal:—
'We hear that the police have received directions to caution the promoters of lotteries for the distribution of game, wine, spirits, and other articles of this description, that these schemes are illegal, and that the offenders will be prosecuted. These attempts to enforce rigidly the provisions of the 10 and 11 William III., c. 17, 42 George III., c. 119, and to check the spirit of speculation which pervades so many classes in this country may possibly be successful, but as a mere question of morality there can be no doubt that Derby lotteries, and, in fact, all speculations on the turf or Stock Exchange, are open to quite as much animadversion as the Christmas lotteries for a little pig or an aged goose, which it appears are to be suppressed in future. Is it not also questionable policy to enforce every law merely because it is a law, unless its breach is productive of serious evil to the community? If every old Act of Parliament is rummaged out and brought to bear upon us, we fear we shall find ourselves in rather an uncomfortable position.
We cannot say whether or not the harm produced by these humble lotteries is sufficient to render their forcible suppression a matter of necessity. They certainly do produce an amount of indigestion which of itself must be no small penalty to pay for those whose misfortune it is to win the luxuries raffled for, but we never yet heard of any one being ruined by raffling for a pig or goose; and if our Government is going to be paternal and look after our pocket-money, we hope it will also be maternal and take some little interest in our health. The sanitary laws require putting into operation quite as much as the laws against public-house lotteries and skittles.'
No 'extenuating circumstances,' however, can be admitted respecting the notorious racing lotteries, in spite of the small figure of the tickets; nay this rather aggravates the danger, being a temptation to the thoughtless multitude. One of these lotteries, called the Deptford Spec., was not long ago suppressed by the strong arm of the law; but others still exist under different names. In one of these the law is thought to be evaded by the sale of a number of photographs; in another, a chance of winning on a horse is secured by the purchase of certain numbers of a newspaper struggling into existence; but the following is, perhaps, the drollest phase of the evasion as yet attempted:
'Here is wisdom. Let him that hath understanding count the number of the beast.'—Rev., chap. xiii.
'NICKOLAS REX.—"LUCKY" BANQUETS.
'HIS SATANIC MAJESTY purposes holding a series of Banquets, Levees, and DRAWING ROOMS at Pandemonium during the ensuing autumn, to each of which about 10,000 of his faithful disciples will be invited. H. S. M. will, at those drawing-rooms and receptions, NUMBER a lot of beasts, and distribute a series of REWARDS, varying in value from L100 to 10s. of her Britannic Majesty's money.
'Tickets One Shilling each, application for which must be made BY LETTER to His S. Majesty's Chamberlain, &c. &c. The LAST DRAWING-ROOM of this season will be held a few days before the Feast of the CROYDON STEEPLECHASES, &c. &c.