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III。 c。 119。 An evasion of the law has been attempted by
affixing a prize to every ticket； so as to make the transaction
resemble a legal sale； but this has been punished as a fraud；
even where it could be proved that the prize equalled in value
the price of the ticket。 The decision rested upon the plea that
in such a transaction there was no definite sale of a specific
article。 Even the lotteries； for Twelfth Cakes； &c。； are
illegal； and render their conductors liable to the penalties of
the law。 Decisive action has been taken on this law； and the
usual Christmas lotteries have been this year （1870） rigorously
prohibited throughout the country。 It is impossible to doubt the
soundness of the policy that strives to check the spirit of
gambling among the people； but still there may be some truth in
the following remarks which appeared on the subject； in a
leading journal：
‘We hear that the police have received directions to caution the
promoters of lotteries for the distribution of game； wine；
spirits； and other articles of this description； that these
schemes are illegal； and that the offenders will be prosecuted。
These attempts to enforce rigidly the provisions of the 10 and 11
William III。； c。 17； 42 George III。； c。 119； and to check the
spirit of speculation which pervades so many classes in this
country may possibly be successful； but as a mere question of
morality there can be no doubt that Derby lotteries； and； in
fact； all speculations on the turf or Stock Exchange； are open to
quite as much animadversion as the Christmas lotteries for a
little pig or an aged goose； which it appears are to be
suppressed in future。 Is it not also questionable policy to
enforce every law merely because it is a law； unless its breach
is productive of serious evil to the community？ If every old Act
of Parliament is rummaged out and brought to bear upon us； we
fear we shall find ourselves in rather an uncomfortable position。
We cannot say whether or not the harm produced by these humble
lotteries is sufficient to render their forcible suppression
a matter of necessity。 They certainly do produce an amount of
indigestion which of itself must be no small penalty to pay for
those whose misfortune it is to win the luxuries raffled for； but
we never yet heard of any one being ruined by raffling for a pig
or goose； and if our Government is going to be paternal and look
after our pocket…money； we hope it will also be maternal and take
some little interest in our health。 The sanitary laws require
putting into operation quite as much as the laws against public…
house lotteries and skittles。'
No ‘extenuating circumstances；' however； can be admitted
respecting the notorious racing lotteries； in spite of the small
figure of the tickets； nay this rather aggravates the danger；
being a temptation to the thoughtless multitude。 One of these
lotteries； called the Deptford Spec。； was not long ago suppressed
by the strong arm of the law； but others still exist under
different names。 In one of these the law is thought to be evaded
by the sale of a number of photographs； in another； a chance of
winning on a horse is secured by the purchase of certain numbers
of a newspaper struggling into existence； but the following is；
perhaps； the drollest phase of the evasion as yet attempted：
‘Here is wisdom。 Let him that hath understanding _count the
number of the beast_。'Rev。； chap。 xiii。
‘NICKOLAS REX。〃LUCKY〃 BANQUETS。
‘HIS SATANIC MAJESTY purposes holding a series of Banquets；
Levees； and DRAWING ROOMS at Pandemonium during the ensuing
autumn； to each of which about 10；000 of his faithful disciples
will be invited。 H。 S。 M。 will； at those drawing…rooms and
receptions； _NUMBER_ a lot of beasts； and distribute a series of
REWARDS； varying in value from L100 to 10_s_。 of her Britannic
Majesty's money。
‘Tickets One Shilling each； application for which must be made
_BY LETTER_ to His S。 Majesty's Chamberlain； &c。 &c。 The LAST
_DRAWING…ROOM_ of this season will be held a few days before the
Feast of the CROYDON STEEPLECHASES； &c。 &c。
CHAPTER XIV。
THE LAWS AGAINST GAMING IN VARIOUS COUNTRIES。
1。 ANCIENT ROME。
In ancient Rome all games of chance； with the exception of five
which had relation to bodily vigour； were absolutely prohibited
in public or private。 The loser could not be sued for moneys
lost； and could recover what he might have paid； such right being
secured to his heirs against the heirs of the winner； even after
the lapse of 30 years' prescription。 During 50 years after the
loss； should the loser or his heirs neglect their action； it was
open to any one that chose to prosecute； and chiefly to the
municipal authorities； the sum recovered to be expended in that
case for public purposes。 No surety for the payment of money for
gambling purposes was bound。 The betting on lawful games
was restricted to a certain amount； beyond which the loser could
recover moneys paid； and could not be sued for the amount。 A
person in whose house gambling had taken place； if struck or
injured； or if robbed on the occasion thereof； was denied
redress； but offences of gamblers among themselves were
punishable。 Blows or injuries might be inflicted on the gambling
house keeper at any time and anywhere without being penal as
against any person； but theft was not exempted from punishment；
unless committed at the time of gamblingand not by a gambler。
Children and freedmen could recover their losses as against their
parents and patrons。
Cicero； in his second Philippic； speaks of a criminal process
（_publicum judicium_） then in force against gamblers。
The laws of ancient Rome were； therefore； very stringent on this
subject； although； there can be no doubt； without much effect。
2。 FRANCE。
At the time of the French Revolution warlike games alone
conferred the right of action； restricted； however； in cases of
excessive losses； games of strength and skill generally were
lawful； but were considered as not giving any right of action；
games of mere chance were prohibited； but minors alone were
allowed to recover moneys lost。
By the present law of France no judicial action is allowed for
gambling debts and wagers； except in the case of such games as
depend upon bodily skill and effort； foot； horse； and chariot
races； and others of the like nature： the claim may be rejected
if the court considers it excessive； but moneys 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。
3。 PRUSSIA。
By the Prussian Code all games of chance； except when licensed by
the state； are prohibited。 Gaming debts are not the subjects of
action； but moneys paid cannot be sued for by