In Austria no right of action is given either to the winner or the loser. All games of chance are prohibited except when licensed by the state. Cheating at play is punished with imprisonment, according to the amount of fraudulent gain. Playing at unlawful games, or allowing such to take place in one's house, subjects the party to a heavy fine, or in default, to imprisonment.
5. ITALY.
The provisions of the Sardinian Civil Code are similar to those of the French, giving an action for moneys won at games of strength or skill—when not excessive in amount; but not allowing the recovery of moneys lost, except on the ground of fraud or MINORITY, a provision taken from the OLD French law.
6. BAVARIA.
By the Bavarian Code games of skill, and of mixed skill and chance, are not forbidden. The loser cannot refuse to pay, nor can he recover his losses, provided the sport be honestly conducted, and the stakes not excessive, having regard to the rank, character, and fortune of the parties. In cases of fraudulent and excessive gaming, and in all games of mere chance, the winner cannot claim his winnings, but must repay the loser on demand. In the two latter cases (apparently) both winner and loser are liable to a fine, equal in amount,—for the first time of conviction, to one-third of the stakes; for the second time, to two-thirds; and for the third time, to the whole: in certain cases the bank is to be confiscated. Hotel and coffee-house keepers, &c., who allow gambling on their premises, are punished for the first offence by a fine of 50 florins; for the second, with one of 100 florins; for the third, with the loss of the license. The punishment of private persons for the like offence is left to the discretion of the judge. UNLAWFUL games may be LEGALIZED by authority; but in such case, fraud or gross excess disables the winner from claiming moneys won, renders him liable to repayment, and subjects him to arbitrary punishment. IMMORAL wagers are void; and EXCESSIVE wagers are to be reduced in amount. Betting on indifferent things is not prohibited, nor even as to a known and certain thing—when there is no deception. No wager is void on account of mere disparity of odds. Professed gamblers, who also cheat at play, and their accomplices, and the setters-up and collectors of fictitious lotteries, are subject to imprisonment, with hard labour, for a term of from four to eight years.
Although, therefore, cheating gamblers are liable to punishment in Bavaria, it is evident that gambling is there tolerated to the utmost extent required by the votaries of Fortune.
7. SPAIN.
Wagers appear to be lawful in Spain, when not in themselves fraudulent, or relating to anything illegal or immoral.
8. ENGLAND.
In England some of the forms of gambling or gaming have been absolutely forbidden under heavy penalties, whilst others have been tolerated, but at the same time discouraged; and the reasons for the prohibition were not always directed against the impropriety or iniquity of the practice in itself;—thus it was alleged in an Act passed in 1541, that for the sake of the games the people neglected to practise ARCHERY, through which England had become great—'to the terrible dread and fear of all strange nations.'