Gambling; Great Britain -- Social life and customs
In the forefront of existing legislation with regard to betting is the
great statute known as the Betting Act 1853, 16 & 17 Vict. c. 119. “This
most salutary Act,” as Lord Chief Justice Russell called it, was passed
when betting by the deposit of ready money was carried on to an enormous
extent in houses and offices in towns, and only to a very limited extent
in race-course enclosures; and the Attorney-General of the day, in
telling the House of Commons that the Bill was not intended to interfere
with Tattersall’s, was either unaware how rapidly the ready-money system
at the races was growing, or designedly suppressed allusion to it, as
an awkward question not absolutely necessary to be faced at the time.
The Act crushed the town houses, and the business was transferred to the
rings, and the question of the application of the Act to these open-air
betting-shops was not decided by the (Criminal) High Court until 1897,
in _Hawke_ v. _Dunn_ (1897, 1 Q.B.), when Mr. Justice Hawkins, whose
knowledge of the Turf was well known, delivered an unanimous judgment on
behalf of the five judges of the Queen’s Bench Division who heard the
case, holding the rings to be nothing but betting-houses or places. This
meant police raids upon the rings, and the writer was assured at Scotland
Yard that the police force would do its duty. But the stoppage of half
the race meetings in the country was involved, and the Jockey Club and
the bookmakers immediately trumped up a collusive civil case—_Powell_
v. _Kempton Park Co., Ltd._ (1897, 2 Q.B.)—which could be carried above
the (Criminal) High Court. The supposed plaintiff was a clerk in the
office of the business men of the Jockey Club. It could not be found
that he was either a householder or a ratepayer at the suburban address
endorsed on the writ. His only status was obtained by getting a single
share in the Kempton Park Co. from one of its directors, a bookmaker, and
within a month of the above decision a writ was issued by him under the
pretext that he wished to prevent the company permitting the illegalities
condemned in _Hawke_ v. _Dunn_, but for the real purpose of re-trying
the question in a form which might give a chance of overthrowing that
decision in the Court of Appeal and the House of Lords. In each case the
Courts were divided, but the majority of both went against the unanimous
judgment of the Criminal Judges, although the collusion and misstatements
were of so scandalous a nature that they were denounced by more than one
member of the latter tribunal. These cases were long, but for the general
public the question of whether the existing legislation of the Act of
1853 ought or ought not to have been held to apply to the rings can be
put in a nutshell. All the Courts agreed that the rings must be treated
as if they were capable of being “places.” How then could they be ruled
out of the Act? Everything turned upon the construction of the language
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account