The Gaming Table: Its Votaries and Victims. Volume 1 (of 2)Steinmetz, Andrew
History
The Gaming Table: Its Votaries and Victims. Volume 1 (of 2)
Steinmetz, Andrew
Gambling
The penalty of cheating at any game is liability to penal servitude for
three years--the delinquent being proceeded against as one who obtains
money under false pretences. Wagers and bets are not recoverable by law,
whether from the loser or from the wager-holder; and money paid for bets
may be recovered in an action 'for money received to the defendant's
use.' All betting houses are gaming houses within the meaning of
the Act, and the proprietors and managers of them are punishable
accordingly.
The existing law on the gaming of horse-racing is as follows. Bets on
horse-races are illegal; and therefore are not recoverable by law. In
order to prevent the nuisance which betting houses, disguised under
other names, occasioned, a law was passed in 1853, forbidding the
maintenance of any house, room, or other place, for betting; and by the
new Metropolitan Traffic Regulation Act, now in force, any three
persons found betting in the street may be fined five pounds each 'for
obstructing the thoroughfare'--a very odd reason, certainly, since it
is the _BETTING_ that we wish to prevent, as we will not permit it to be
carried on in any house, &c. These _LEGAL_ reasons are too often sadly
out of place. Any constable, however, may, without a warrant, arrest
anybody he may see in the act of betting in the street.
The laws relating to horse-racing have undergone curious revisions and
interpretations. 'The law of George II.'s reign, declaring horse-racing
to be good, as tending to promote the breed of fine horses, exempted
horse-races from the list of unlawful games, provided that the sum
of money run for or the value of the prize should be fifty pounds and
upwards, that certain weights only might be used, and that no owner
should run more than one horse for the same prize, under pain of
forfeiting all horses except the first. Newmarket, and Black Hambledon
in Yorkshire, are the only places licensed for races in this Act, which,
however, was also construed to legalize any race at any place whatever,
so long as the stakes were worth fifty pounds and upwards, and the
weights were of the regulated standard. An Act passed five years
afterwards removed the restrictions as to the weights, and declared that
any one anywhere might start a horse-race with any weights, so long as
the stakes were fifty pounds or more. The provision for the forfeiture
of all horses but one belonging to one owner and running in the same
race was overlooked or forgotten, and owners with perfect impunity
ran their horses, as many as they pleased, in the same race. In 1839,
however, informations were laid against certain owners, whose horses
were claimed as forfeits; and then everybody woke up to the fact that
this curious clause of the Act of George II. was still unrepealed. The
Legislature interfered in behalf of the defendants, and passed an Act,
repealing in their eagerness not merely the penal clauses of the Act,
but the Act itself, so far as it related to horse-racing. Now, it was
Public-domain text, read in full here on John Shaqi.
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