Gambling; Great Britain -- Social life and customs
The text-books upon the present laws, through no fault of their authors,
are somewhat obsolete, owing to recent not altogether consistent
decisions of the Courts, although _Law Relating to Betting_, by G. H.
Stutfield, and _Law of Gambling_ (Coldridge and Hawksford), contain
much valuable information. The following summary is intended to present
a skeleton view of the legal position at this date, and for sake of
convenience the subject is divided under the two heads of Miscellaneous
Gambling and Betting. Whichever portion of the subject is treated, it
will be observed that the laws are both inadequate and not fully applied.
Miscellaneous gambling must be subdivided into (M) all kinds of
individual gaming unconnected with trade; (N) gambling in the stock,
produce, and other markets.
MISCELLANEOUS GAMBLING
M. _Individual Gaming unconnected with Trade_
(_a_) Illegal Games.
(_b_) Card Playing.
(_c_) Playing with Gaming-Machines.
(_d_) Lotteries and Sweepstakes.
(_e_) Press Competitions and Coupon Gambling.
(_f_) Gambling Clubs.
(_g_) Petty Gambling.
_(a) Illegal Games; (b) Card Playing._—The old-time absurdity of making
certain games illegal, because they were the ones chiefly used as
vehicles for gambling and left little room for skill, seems to have
resulted in throwing upon the Courts the difficult task of deciding what
other games come near enough to this class to share their disabilities,
and to have culminated in shaping the law in a direction very unfortunate
for public morality, so as to present a modicum of skill as a sufficient
leaven to create immunity for a very large element of chance. The
gambler avoids, as a rule, the named illegal games and turns to others.
Blackstone remarks upon his infinite shifts and the varieties of his
expedients, so that to pass laws especially applying to some games only
merely drives him into other courses.
The true principle is that no game in itself is illegal, but that the
gambling upon it may be. While the present laws make special regulations
and enforce specific penalties upon certain games, others which may
easily be as noxious cannot be dealt with. Consequently we have spasmodic
and partial attempts to enforce the law, and a series of enigmatic and
conflicting decisions in the Courts, resulting in a chaotic state of
affairs in which little check is put upon gamblers.
Public-domain text, read in full here on John Shaqi.
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