Betting - Definition - Law Dictionary Home Dictionary Definition betting

Definition :

Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER.

Bets are irrecoverable at law by virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD 779; and see Tatam v. Reeve, (1893) 1 QB 44; and De Mattos v. Benjamin, (1894) 70 LT 560. In the case of a cheque given in payment of a gaming transaction the combined effect of s. 1 of the (English) Gaming Act, 1710 (9 Anne, c. 14), and ss. 1 and 2 of the (English) Gaming Act, 1835, was that if it was paid to any indorsee or holder, the amount so paid could be recovered by the drawer from the payee, Dey v. Mayo, (1920) 2 KB 346; Sutters v. Briggs, (1922) 1 AC 1. The Gaming Act, 1922, does away with this position.

The (English) Betting Act, 1853 (16 & 17 Vict. c. 119)--as to which see Reg. v. Brown, (1895) 1 QB 119--elaborately provides for suppressing of houses, rooms, offices, or 'places' kept open for the purpose of betting. In Powell v. Kempton Park Racecourse Co., 1899 AC 143, it was held that a betting-ring on a racecourse to which subscribers only were admitted was not a 'place' within the meaning of the Act.

Betting in the metropolitan streets by three or more persons is constituted a penal obstruction by the (English) Metropolitan Streets Act, 1867 (30 & 31 Vict. c. 134), s. 23; and every person betting in any street or public place, or in any place to which the public have access [including, as was decided in Langrishe v. Archer, (1882) 10 QBD 44, a railway carriage on its journey], is declared to be a rogue and a vagabond within the (English) Vagrancy Act, 1824, by the (English) Vagrant Act Amendment Act, 1873 (see VAGRANT).

Street betting as prohibited by the Street Betting Act, 1906, is committed by any person frequenting or loitering in streets or public places on behalf either of himself or of any other person for the purpose of book-making, or betting, or wagering, or agreeing to bet or wager, or paying or receiving or settling bets. Upon a third or subsequent offence, or if there was any betting transaction with a person under 16 years, the offender is liable to imprisonment. Loitering for the purpose of betting includes distributing handbills containing offers to bet, etc., Dunning v. Swetman, (1909) 1 KB 774; Richards v. Price, (1931) 2 KB 204 (Distribution of entry forms in football pools)].

The (English) Betting Act, 1874 (37 & 38 Vict. c. 15), imposes penalties on persons advertising or sending letters, circulars, telegrams, etc., as to betting; and by the (English) Betting and Loans (Infants) Act, 1892 (55 & 56 Vict. c. 4), soliciting infants by circular, etc., to bet is made a misdemeanour punishable by imprisonment or fine, or both.

Betting duties were imposed by ss. 15-18 of the (English) Finance Act, 1926, but the duties chargeable on bets made with a bookmaker were repealed by the (English) Finance Act, 1929.

The totalisator was legalised under certain conditions by the (English) Racecourse Betting Act, 1928; which Act also contained a section (which is now repealed except as to Northern Ireland) dealing with bets made with persons under seventeen). The (English) Betting and Lotteries Act,1934, amends the law regarding betting on tracks. It permits the establishment of the totalisator on dog racecourses on certain conditions, and prohibits betting with persons under eighteen and the employment of young persons in betting business. The (English) Ready Money Football Betting Act, 1920, penalises the printing, publishing or circulating of circulars, advertisements or coupons of any ready money football betting business. See Chitty's Statutes, tit. 'Games and Gaming,' Coldridge's Law of Gambling, and Jenkins on Betting Offences; and tits. INFANT; GAMING; and WAGER.