A few words on a more theoretical aspect of our gambling laws. The reader will not fail to have been struck with the frequent Parliamentary interpellations on the subject; many a time has the Home Secretary been called upon to reply to questions as to the intentions of the Government to introduce a general scheme of revision. No doubt a semblance of justification for this movement is afforded by a seeming want of impartiality in the attitude of the law to different sorts and conditions of men. The author of this work ventured not many years ago to offer to the public a synopsis of this branch of our jurisprudence (Nineteenth Century, November, 1889), in which an attempt was made to show that laws in restriction of gambling, if they are to effect their object, must in terms be so wide as to cover mere cases of gambling for innocent recreation; that, in consequence, their enforcement must largely be left to the discretion of the executive. This is not the place for a discussion of this somewhat broad and difficult question. The point is that it will behove those who embark in this enterprise of supposed reformation to formulate clearly first, the line of policy they would themselves like to pursue; second, the extent to which interference is likely to be tolerated by public opinion. Is all betting to be suppressed, including that carried on at Tattersall’s and the clubs? If you penalize playing “skittle-pool” for money in a public house, are you also going to bring the sixpenny rubber of whist at a West End club or private house under the ban of illegality? If, as at present, you connive at the Derby “sweeps” in Clubland, do you or do you not think it necessary to affect consistency and repeal the law under which a publican is fined for getting up a raffle for the Christmas goose? These are questions which must be settled, and it may be compromised before any reform of practical value can be carried through. Mere consolidations of statutes and case law may facilitate reference for practitioners, but they will not settle questions of public expediency.
G. H. S.
H. S. C.
June, 1892.
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.