William Feilden Craies

“ At English common law no games were unlawful and no penalties were incurred by gambling, nor by keeping gaming-houses, unless by reason of disorder they became a public nuisance. From very early times, however, the English statute law has attempted to exercise control over the sports, pastimes and amusements of the lieges. Several points of view have been taken: (1) their competition with military exercises and training; (2) their attraction to workmen and servants, as drawing them from work to play ”

“ The act is construed as applying only to ready-money betting, i.e. when the stake is deposited with the bookmaker, and only to places used for betting with persons physically resorting thereto; so that bets by letter, telegram or telephone do not fall within its penalties. The arm of the law has been found long enough to punish as thieves “welshers,” who receive and make off with deposits on bets which they never mean to pay if they lose. The act of 1853 makes it an offence to publish advertisements showing that a house is kept for betting. ”

“ United States.—In the United States many of the states make gaming a penal offence when the bet is upon an election, or a horse race, or a game of hazard. Betting contracts and securities given upon a bet are often made void, and this may destroy a gaming note in the hands of an innocent purchaser for value. ”

“ It was not until 1845 that a general rule was made excluding wagers from the courts. Section 18 of the Gaming Act 1845 (passed after a parliamentary inquiry in 1844 as to gaming) enacted “that all contracts or agreements, whether by parole or in writing, by way of gaming or wagering shall be null and void, and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made ”

“ The proprietor and the person who keeps the bank at an unlawful game are both within the statute: the players are not, but the act of Henry VIII. is so far alive that they can be put under recognizance not to frequent gaming-houses. ”

“ But a person who has received a bet on account of another can still, it would seem, be compelled to pay it over, and the business of a betting man is treated as so far lawful that income-tax is charged on its profits, and actions between parties in such a business for the taking of partnership accounts have been entertained. ”

“ A bet on the life of the emperor Napoleon was declared void because it gave one of the parties an interest in keeping the king’s enemy alive, and also because it gave the other an interest in compassing his death by unlawful means. ”

“ In the Betting Act 1853 it is described as a kind of gaming of late sprung up to the injury and demoralization of improvident persons by the opening of places called betting houses and offices, and the receiving of money in advance by the owners or occupiers or their agents on promises to pay money on events or horse races and like contingencies. ”

“ According to the view taken in England of the common law, bets or wagers were legally enforceable, subject to certain rules dictated by considerations of public policy, e.g. that they did not lead to immorality or breach of the peace, or expose a third person to ridicule. ”

“ Under the Licensing Act 1872 penalties are incurred by licensed victuallers who suffer any gaming or unlawful game to be played on their premises. A single instance of playing an unlawful game for money in a private house is not within the statutes (R. v. Davies, 1897, 2 Q.B. 199) .
In England, so far as the general public is concerned, gaming at cards is to a large extent superseded by betting on sports and pastimes, or speculation by means of lotteries or like devices. The legislation against betting eo nomine began in 1853. ”

“ A constable may arrest without warrant persons offending and seize all books, papers, cards and other articles relating to betting found in their possession, and these articles may be forfeited on conviction. ”

“ By the combined effect of these two enactments the recovery by the winner from the loser or stakeholder of bets or of stakes on games falling within s. 18 of the Gaming Act 1845 is absolutely barred; but persons who have deposited money to abide the event of a wager are not debarred from crying off and recovering their stake before the event is decided, or even after the decision of the event and before the stake is paid over to the winner ”

“ The punishment for a first offence is fine up to £10, for a second fine up to £20, and the punishment is still higher in the case of a third or subsequent offence, or where the accused while committing the offence has any betting transaction with a person under the age of sixteen. ”

“ By the Metropolitan Streets Acts 1867 any three or more persons assembled together in any part of any street in the city of London or county of London for the purpose of betting and deemed to be obstructing the street, may be arrested without warrant by a constable and fined a sum not exceeding Street betting. ”