It was enacted by 13 Geo. II. c. 19, that no horse-race shall be run for any prize less than 50/. in value. According to the decision of the courts, a wager was illegal when the race was for a stake of less than 501. The above act of 13 Geo. II. was repealed so far as relates to horse-racing by 3 84 4 Viet. c. 5. The 18 Geo. II. c. 34, was an act similar to the one of 13 Geo. II. It was designed "to explain, amend, and make more effectual the laws in being to prevent excessive and deceit ful gaming, and to restrain and prevent the excessive increase of horse-races," and contained a clause to the effect that nothing contained in the act should re peal or invalidate the act 9 Anne, c. 14, which prohibited betting for sums ex ceeding 101. The later statutes (13 Geo. IL c. 19, and 18 Geo. II. c. 34), however, made it lawful for horses to run for a stake of 501., and were therefore incon sistent with the statute of Anne, and must be considered as having so far super seded it ; but as respects betting on horse races the statute of Anne was not affected.
The provision of the statute of Anne against bets exceeding 101. was so much a dead letter, that its existence appears to have been almost forgotten, until m 1843 a number of actions were brought by common informers against several noble men and gentlemen who had violated the law by betting sums of more than 1111. en horse-races. On the plea that they were ignorant of the law which they had broken, a bill was brought in early in the session of 1844, for the relief of these per sons, and was passed through its several stages with an alacrity which excited some attention at the time. The act is e. 3, 7 Viet., and it was entitled An Act to stay proceedings for three calendar months, and till the end of the present session of Parliament, in certain actions under the provisions of several statutes for the pre vention of excessive gaming, and to prevent any proceedings being taken under those statutes during such limited time.' Select committees were appointed in both Houses of Parliament to inquire into the laws respecting gaming, and another act (7 Vict. c. 7) was passed to indemnify witnesses implicated in gaming transactions who should give evidence before these committees. Before the session was over, and to prevent the con sequences of the act 7 Vict. c. 3 being allowed to expire, another act was passed (7 & 8 Vict. c. 58) which further stayed proceedings in the actions for gaming.
It is to be observed that the act 8 & 9 Viet. e. 109, repeals those parts of 9 Anne, c. 14, and 18 Geo. II. c. 34, which rendered it illegal to win or lose any sum exceeding 101. at play or by betting ; and there is a clause under which all actions and informations commenced previous to this act under former statutes against gaming are to be discontinued on payment of costs.
The act 7 Geo. II. c. 8, which was made perpetual by 10 Geo. II. c. 8, entitled An Act to prevent the infamous practice of stock-jobbing,' is violated hourly on the London Stock-Exchange by the practice of time-bargains.
The acts 19 Geo. II. c. 37, and 14 Geo. III. c. 48, are intended to prevent trans actions of the nature of gaming or wager ing on policies of marine and life, in surance.
Various acts were passed at different times for suppressing lotteries not allowed by law, and at length the state lotteries themselves were put an end to.[Lormay.] All gaming-houses are regarded as nuisances at common law, and those who keep them are liable at common law (in dependently of statutory provisions) to be indicted and punished by fine and im prisonment at discretion.
The statute 33 Hen. VIII. c. 9 entitled The bill for the maintaining artillery and the debarring of unlawful games,' prohibits the keeping for gain, lucre, or living, any house or place of " bowling, coring, cloysh-cayls, half-bowl, tennis, dicing-table, or carding, or any other manner of game prohibited by any sta tute heretofore made, or any unlawful game now invented or made, or any other new unlawful game then or here after to be invented, found, had, or made," on pain of forfeiting 40s. a-day. The same statute imposes a penalty .of 6s. 8d. for every time upon any person using such houses and there playing.
By 8 & 9 Vict. c. 109, public billiard and bagatelle boards are not to be kept without a licence, and the places where they are kept are to be closed entirely on Sundays, and on other days at midnight, except Saturday, when the hour of closing is fixed at eleven o'clock.
The act 8 & 9 Vict. C. 109, greatly faci litates proceedings against any common gaming-house, by enacting that in delimit of other evidence it shall be sufficient to prove that such house or place is kept or used for playing therein at any unlawful game, and that a bank is kept there by one or more of the players exclusively of the others, or that the chances of any game played therein are not alike favour able to all the players, including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play, or bet ; and every such house or place shall be deemed a common gaming-house. It is not necessary under this act to prove that any person found playing at any game was playing for any money, wager, or stake. The act dispenses with the necessity of obtaining the allegation of two householders that any house is a common gaming-house ; and provides, that on the report of a superintendent of metropoli tan police, it shall be lawful for either of the commissioners of police to authorize the superintendent by a written order to enter any house or room with constables, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to take into custody all persons who shall be found therein, and to seize and destroy all tables and instruments of gaining found in such house or premises, and also to seize all monies and securities for mo ney found therein. If any cards, dice, balls, counters, tables, or other instru ments of gaming used in playing any unlawful game be found in any house or room which the police have entered as a suspected gaming-house, or about the person of any of those who shall be found therein, it shall be evidence until the contrary be made to appear, that such house or room is used as a common gam ing-house, and that the persons found in the room where such instruments of gaming shall have been found, were play ing therein, although no playing was actually going on in the presence of those who made the entry. BeA,re this act was passed, persons found in a gaming house could not be searched ; and proof of play was necessary before entry. In all other places out of the metropolitan police district the iustic,es may by warrant empower constables to enter gaming houses. Witnesses who have been con cerned in unlawful gaming are indem nified.