Gambling; Great Britain -- Social life and customs
We have pointed out that the Act could have been shown to apply to the
bookmakers but for the disgraceful collusion of this case, in which
plaintiff and defendants desired the same result; but it is proper
to qualify this by saying that the professional men, upon one side
at all events, should be looked on as dupes rather than accomplices.
Unhappily, it must be added that such a black page of disgrace would not
have defaced our Law Reports but for private and influential pressure
brought to bear upon certain members of the Courts of such a nature as
to have outweighed with them the fearful responsibility of throwing open
every public-house in the kingdom—indeed, potentially, every private
house—as an authorised betting establishment; for the decisions finding
public-houses to be “places” because bookmakers carry on business in them
is absolutely contrary to the Powell-Kempton Park judgment, although
this is done occasionally by the Courts, most anxious as all of them
are to prevent the evils arising from public-house betting; but the
shifts to which they are driven to reconcile their decisions with the
Kempton judgment are almost as amusing as they are humiliating. Thus the
strong arm of the Act of 1853 has been temporarily paralysed, and these
peripatetic Monte Carlos all over the kingdom, the rings, have had their
lives prolonged for the present.
There are, however, two subordinate sections, 5 and 7, which are of
great importance, or rather have become so through the exertions of the
National Anti-Gambling League. By judgments obtained in the King’s Bench
Division, and confirmed by the Court of Appeal (_Lennox_ v. _Stoddart_
and _Davis_ v. _Stoddart_, C.A. 1902—2 K.B.), under sections 1 and 3 of
the 1853 Act, the deposit of money for betting is illegal, even though
not made direct to the house or place of business of the bookmaker. By
these judgments it will be seen that all bookmakers advertising from
offices in the United Kingdom and receiving deposits (before the issue of
the events betted upon) there _or elsewhere_, directly or indirectly, are
keepers of betting-houses, and their advertisements illegal under section
7; and that the newspaper proprietors admitting these advertisements are
also offenders under the same section. This has only recently become
clear in law, and still awaits application on a large scale. The same
remark applies to the operation of section 5, under which, by the Court
of Appeal decisions referred to, all such deposits can be reclaimed for
the senders by the special statutory right of the Act; in the words of
Lord Justice Matthew, as “a penalty, or mulct in the nature of a penalty,
for a violation of the terms of the Act of Parliament.” In many cases
considerable sums have already been refunded by the bookmakers, but,
while any loophole is left open by doubts as to the application of the
Act of 1853 to bookmakers ostensibly giving no address in the United
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