The Code Francais allows an action for monies won at games of strength and skill, when the amount is not excessive; but monies paid can never be recovered, unless on the ground of fraud. The keepers of gaming-houses, their managers or agents, are punishable with fine (100 to 6000 francs) and imprisonment (two to six months), and may be deprived of most of their civil rights. A. trifling fine is imposed on those who set up lotteries, or games of chance in public places ; the furniture, implements, &c. are in all cases to be seized.
By the Prussian Code all games of chance, except when licensed by the state, are prohibited. Gaming debts are not the subject of action; but monies paid cannot be sued for by the loser. Wagers give a right of action when the stakes are constituted in cash in the hands of a third person ; they are void when the winner had a knowledge of the event, and con cealed it. Monies lent for gambling or betting purposes, or to pay gambling or betting debts, cannot be sued for. Gaming house keepers are punishable with fine, professed gamblers with banishment; and if they break the ban, by imprisonment. Occasional cheating at play obliges to compensation ; professed swindlers at play are punishable as for theft, and banished afterwards. Monies won from a drunken man, if to a considerable amount, must be returned, and a fine paid of equal value.
In Austria no right of action is given either to winner or loser. All games of chance are prohibited, except when li censed by the state. Cheating at play is punishable with imprisonment, according to the amount of fraudulent gain. Play
ing at unlawful games. or allowing such to take place in one's house, subjects the party to a heavy fine, or in default to im prisonment.
The provisions of the Sardinian civil code are similar to those of the French, giving an action for monies won at games of strength or skill, when not excessive in amount ; but not allowing the recovery of monies lost, except on the ground of fraud or minority (a provision taken from the old French law).
The Bavarian code is somewhat special in its provisions ; it distinguishes between games of pure skill, and mixed skill and chance on the one hand, and games of mere chance on the other. In the two former, monies honestly won, and not excessive in amount, may be lawfully claimed, and monies lost cannot be re covered ; but with respect to fraudulent or excessive gaming, and also as to all games of mere chance, the winner may be called upon to repay his gains, and is liable, together with the loser (except as to the latter, in the case of fraud), to a penalty of varying amount. Gaming house keepers and professed gamblers are subjected to various penalties. Distinc tions are also taken as to wagers, which are only void for fraud or immorality, but the amount of which is liable to be re duced, if excessive. When monies lost at play are proved to have been the pro perty of some other person than the player, the true owner may recover them.
Wagers also appear to be lawful in Spain, when not in themselves fraudulent, or relating to anything unlawful or im moral. (Johnson's Institutes of the Civil Law of Spain, p. 242.)