INDEX.
- Added Money,
- Advertising
- Agent
- Authority of,
- indemnity,
- winnings,
- Art Unions
- Exempt from Lottery Laws, 147
- Australian Law
- of wagering similar to English, 79, note
- Bank (see Gaming House)
- Banker
- Bankruptcy
- of principal determines agent’s authority, 61
- of depositor, determines authority of stakeholder, ibid.
- Bank Shares (see Leeman’s Act)
- Barnard’s Act, 87
- Bazaars,
- semble, within Lottery Act, 141
- Betting (see Wager-Contract, Betting house, Agent: Public Place, Metropolis)
- Betting House (see Persons Resorting thereto)
- a common nuisance, 165
- advertising, 191
- illegal betting within Act, 181, et seq.
- Deposits (see Deposit)
- stakeholder, not liable, 167, 190
- inviting persons to resort to, 192, et seq.
- manager of (see Manager)
- owner, occupier permitting user, 175
- user of, 176, et seq.
- Warrant (see Procedure, Persons found therein)
- Betting Lists
- Bill of Exchange (for betting debt), 11 (see Cheque)
- Billiards (see Licensed Premises)
- Bonds
- are within 5 & 6 Wm. IV., c. 41, 28
- Breeder
- query, his right to recover prize in Breeders’ Stakes, 76
- Broker (see Stock Exchange)
- Bucket Shop
- Carrying Over (see Stock Exchange)
- Cheating at Play, 165
- Cheque (see Bill of Exchange)
- Club
- Cock-fighting, 85
- Commission Agent (see Agent)
- Company (see Partnership Lottery)
- Competitions, 186
- Conflict of Laws,
- Conspiracy (see Cheating)
- Construction of Sporting Contract,
- Continuations (see Stock Exchange)
- Contributions to Prize (see Winner, Subscription Stakes), 73
- Coupons, legal, 186
- Cover (see Deposit)
- Cup, meaning of, 74
- query, within “prize,” 74
- Death
- Deed (see Illegal Consideration)
- Deposit (see Subscription to Prize)
- on bet when recoverable, 64
- with keeper of Betting House, 65
- in bucket shop transaction, right to recover, 66
- query, illegal, 189
- receiving, and keeping house for receiving (see Betting House Commission Agent), 187, 190
- race, to abide, equivalent to a wager, 36
- subscription to prize, not the test of, 69, et seq.
- under £10, not within Statute of Anne and Wm. IV., 12
- with stakeholder (see Stakeholder)
- does not pass under gift of “money,” 60
- in lotteries, recovery of, 143
- Differences (see Stock Exchange, Broker)
- Dividends
- Entrance Money (see Subscription to Prize)
- Excessive Gaming
- Executor,
- must not pay betting debts of testator, 38, 64,
- nor sums deposited on bets, ibid., 64,
- secus, where testator kept a Betting House, 65
- of betting agent, semble, most account to principal for winnings, 41
- must not pay stakes or forfeits, 38
- semble, can recover stakes, deposited by testator, 61
- do. entrance money when, ibid.
- Fish Ponds,
- semble, illegal as lotteries, 142
- Foreign Laws (see Conflict of Laws)
- Forfeit,
- Fraud (see Cheating)
- Games
- Gaming (see Gaming House, Unlawful Gaming, Lottery, Wager-Contract, Licensed Premises, Public Place, Instruments of Gaming, Excessive Gaming, Betting House)
- Gaming House (see Betting House, Licensed Premises)
-
- illegal at common law, 148 et seq.
- a common nuisance, ibid.
- Evidence of, 156
- bank kept by some of players, ibid.
- excessive gaming, 157, 160
- unequal chances of game, 156
- unlawful game, playing of, ibid.
- obstruction of officers entering under powers of Act, 154, 156
- instruments of gaming, ibid.
- contrivances,
- for destroying instruments, ibid.
- for barring doors or access, ibid.
- for giving alarm, ibid.
- Manager (see Manager)
- obstructing or assaulting officers entering, 154
- giving false names and addresses, ibid.
- Partnership in (see Partnership)
- (see Persons found therein)
- club or private house may be, 160
- procedure in respect of (see Procedure)
- user of, 160 (see Players)
- warrant, 196, et seq. (see Procedure)
-
- Grand Stand,
- Guarantee of Bet, 63
- Hawkins, Sir Henry,
- Horse-Racing,
- Illegal Betting (see Betting House)
- Illegal Consideration (see Bill of Exchange, Lottery)
- void ditto, difference between and, 18–20
- gaming debt is, 11
- betting debt is, if bet on game, &c., ibid.
- bills or notes, effect of, on (see Bill of Exchange)
- is a defect of title, 19
- should be specially pleaded, 23
- deposit for, when recoverable, 143 et seq.
- should be accurately stated, 23
- avoids bonds and other deeds, 24
- part consideration illegal, whole avoided, 24 et seq.
- secus, where contract divisible, ibid.
- past race, bet on, not illegal, 11
- deposit on race under £10, not an illegal consideration, 12
- Illegality,
- Indian Law,
- Infant,
- sending advertisement or information to, 194
- Information (see Procedure)
- with respect to betting (see Advertising)
- Instrument of Gaming,
- coin not included in, 205
- pari-mutuel, ibid.
- in gaming houses, 156
- may be seized by officers entering in Metropolis, 197
- secus, out of Metropolis, ibid.
- superintendent entering may search for, ibid.
- evidence of gaming houses, 156
- means for destroying ditto, ibid.
- magistrate may order destruction, 197–8
- I O U,
- not within 5 & 6 Wm. IV., c. 41, 28
- Ireland (see Metropolis)
- Irish Cases,
- Lynn v. Bell, }
- Crofton v. Colgan, }
- Graham v. Thompson, } (see Table of Cases.)
- MacElwaine v. Mercer, }
- Irwin v. Osborne, }
- Newcomen v. Lynch, }
- Judge (in race),
- jurisdiction of, 76 et seq.
- decision final, ibid.
- Leeman’s Act (see Stock Exchange Broker)
- Licensed Premises,
- Lists (see Betting Lists)
- Loan of Money,
- Lottery (see Place),
- adventurers in, penalty on, 129, 130, 132
- advertising illegal, ibid.
- aiding and abetting, 130, 133
- Art Unions, when legal, 147
- bonus in companies, distribution of by lot, 137
- companies formed for (see Partnership)
- characteristics of, 140
- charter for, void, 128
- in club or private house, 132
- Bazaars,
- proceedings in, qy. within Lottery Acts, 142
- definition of, 128, 140
- fish ponds, 142
- foreign lotteries, 133
- illegality of, 142
- deposits recoverable on notice, 143
- vitiates subsidiary contract, ibid.
- little-goes illegal, 130
- partnership in, 145
- patent for, void, 128
- sale under guise of setting up, 129, 130
- stakeholder of, 133
- sweepstakes, 134
- tickets, sale of, 128 et seq.
- proceedings in case, 146
- warrant for arrest, 130
- Royal Palaces, exception in favour of, 86
- no privilege of Parliament, 148
- Manages of Betting House, Gaming House,
- Metropolis (see Public Place)
- Newmarket Meeting,
- Nominator,
- death of, avoids entry of horse, 38
- Notice,
- to determine authority (see Stakeholder)
- of illegal consideration (see Bill of Exchange)
- Occupier (see Betting House Place)
- Official Assignee (see Stock Exchange)
- Options (see Stock Exchange)
- Palaces, Royal,
- exempt from laws against unlawful games and lotteries, 86
- Partition by Lot,
- Partnership,
- Penalty to enforce Wager not Recoverable, 63
- Person found therein (see Gaming House, Betting House)
- Persons resorting thereto (see Betting House)
- Place (see Public Place Betting House)
- Plate, meaning of, 74, 82
- “Play or Pay,” meaning, 81 (see App. B.)
- Players (in illegal games) 118, 121, 152, 161
- Privilege of Parliament,
- Prize (see Subscriptions to Prize)
- Procedure,
- 1. Gaming Houses
- 2. Betting Houses
- Produce Stakes,
- breeders cannot recover, 76
- Promissory Note (see Bill of Exchange)
- Public House (see Licensed Premises)
- Public Place,
- what is a, 206
- Punters (see Players)
- Purchase (speculative)
- not a wager, 39
- Race Course,
- Ready Money Betting,
- place kept or used for illegal betting, 187 et seq.
- (see Betting House, Commission Agent, Deposit)
- Rescission (by wager)
- void, 38
- Room (see Place)
- Royal Palace
- gaming in, lawful, 86
- Rules of Racing Evidence, 53, 81
- Rules of Betting do., ibid. (see App. B.)
- Sale,
- wager under guise of, void, 35
- lottery under guise of, illegal, 129, 139
- bank shares (see Stock Exchange)
- speculative sales not wagers, 39
- nor sales with contingencies, 36
- of things first in possession, valid (see Indian Law), ibid.
- of public stocks not in possession formerly void under Barnard’s Act, 40, 87
- of future dividends
- Scotland,
- Betting House Act applies to, 193
- Stakeholder,
- agent for depositor only, 54 et seq.
- deposits revocable before paid over, ibid.
- notice necessary, 57
- authority determined, 60
- (1.) by express revocation
- (2.) by impossibility of performing his trust
- (3.) by death of depositor
- (4.) by bankruptcy of depositor (see Lottery)
- liability of
- for paying wrong person (see Winner), 62
- for default in payment of stakes, ibid.
- cannot sue for stakes, ibid.
- not liable under Betting House Act, 190
- Stakes
- Stamp semble,
- sporting agreement should have, 81
- Starter,
- when necessary, 81
- Steeplechase (see Horse-race)
- Steward of Race,
- Stock Exchange (see Broker)
- bargains for differences not known, 96 et seq. (but see Bucket Shop)
- test of difference, bargain, 91
- customs of binding on principal, 117, 123
- secus if contrary to law, ibid.
- broker liable personally to jobber, 96
- bank shares, sale of, 116
- continuations, nature of, 108 et seq.
- Options, puts, calls, nature of, 106
- semble not in nature of wager, 107
- Differences,
- Official Assignee,
- receives differences due to defaulter, 89
- claims against, for differences due to defaulter, ibid.
- Trustee in bankruptcy of defaulter cannot recover differences from, ibid.
- Time Bargains, meaning of, 95, 101 (see Sales)
- Wagering,
- Subscription to Prize,
- “Sum Added” by OUTSIDER,
- recoverable, 73 (see Added Money)
- may be a subscription to a prize, ibid. (see Stakes)
- Superintendent
- (see Procedure, Instruments of Gaming, Metropolis)
- Sweepstakes (see Lottery, Stakeholder)
- Tattersall’s,
- not within Act, 183
- Telegram (see Advertising)
- Ticket (see Lottery)
- Time Bargains (see Stock Exchange)
- Tipster,
- Umpire (see Judge, Winner)
- Unlawful Gaming
- Unlawful Games
- User (see Place Gaming House)
- Vexatious Indictment (see Procedure)
- Wager Contract (see Subscription to Prize Deposit)
- nature and test of, 32 et seq.
- agent and principal, agreement between not in nature of, 40
- consensus and knowledge of both parties necessary, 32
- construction of (see Construction)
- dividends, sale of future, not, 102
- games, &c., for money, are, 36
- guarantee of, enforceable, 63
- mutuality necessary, 33
- parties select their own events, 33
- penalty for non-performance not recoverable
- rescission of contract by, void, 38
- sale, under guise of, void, 35
- sale of things not in possession, 39
- time bargains (see Stock Exchange)
- winner and loser is of essence of, 33
- Tipster, agreement with, 36 (but see note in Appendix A.)
- Warrant,
- Welshing, an indictable offence, 195
- Winner,
- Winning,