Wager - Law Dictionary Search Results
Home Dictionary Name: wagerWager
Wager, a contract by A. to pay money to B. on the happening of a given event, in consideration of B. paying money to him on the event not happening; and see the elaborate definition of 'wagering contract' in Carlill v. Carbolic Smoke Ball Co., (1892) 2 QB 490, by Hawkins. J.1. Money or other consideration risked on an uncertain event; a bet or gamble 2. A promise to pay money or other consideration on occurrence of an uncertain event, Black's Law Dictionary, 7th Edn., p. 1573.At Common Law a wager was a legal contract, which the courts were bound to enforce, so long as it was not against morality, decency, or sound policy, Johnson v. Lumley, (1852) 12 CB 468. But by the (English) Gaming Act, 1845, s. 18:All contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void; and no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall ...
Non-summons, wager of law of
Non-summons, wager of law of, the mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time, 31 Eliz. c. 3, s. 2....
Wager of battel
Wager of battel. See BATTEL....
Wager of law
Wager of law [fr. vadatio legis, Lat.], a proceeding which consisted in a defendant's discharging himself from the claim on his own oath, bringing with him at the same time into Court eleven of his neighbours (compuratores) to swear that they believed his denial to be true. It was abolished after long disuse [see, however, a revival of it in 1824 in King v. Williams, (1824) 2 B&C 538] by 3 & 4 Wm. 4, c. 42, s. 13....
Battel, wager of
Battel, wager of, a form of trial formerly used in military cases, arising in the Court of chivalry and honour, in appeals of felony in criminal cases, and in the obsolete real action called a writ of action. The question at issue was decided by the result of a personal combat between the parties, or, in the case of a writ of right, between their champions. See Ashford v. Thornton, (1818) 1 B & Ald 405, which quickly led to the practice, which had long been disused, being formally abolished in 1819 by 59 Geo. 3, c. 46....
Wagering policies
Wagering policies, those effected for gambling purposes, which are void by 14 Geo. 3, c. 48. As far as marine insurance is concerned the matter is dealt with by s. 4 of the Marine [Insurance Act, 1906, and the Marine Insurance (Gambling Policies) Act, 1909. See INSURANCE...
Compurgation
The act or practice of justifying or confirming a mans veracity by the oath of others called also wager of law See Purgation also Wager of law under Wager...
Betting
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...
Obsolete
Obsolete, invalid by virtue of discontinuance, said of a law or practice which has ceased to be enforced or be in use by reason of change of manners and circumstances, as 'wager or battel' (see BATTEL, WAGER OF), the punishment of the stocks (see STOCKS), the provision of the Gaming Act of Henry VIII. (33 Hen. 8, c. 9) (Revised Statutes, 2nd Edn., vol. i. p. 378, published in 1888; Chitty's Statutes, tit. 'Games and Gaming'), by which labourers and others are forbidden to play cards or other specified games 'out of Christmas,' but allowed to play them in Christmas in their masters' houses and in their masters' presence; and that of 1285 in the Stat. Westm. Sec., 13 Edw. 1, c. 34, by which elopement with a nun from her convent, although the nun consent, is punishable by three years' imprisonment and fine. For further instances, see the (English) Statute Law Revision Act, 1908 (8 Edw. 7, c. 49); and see also STATUTE LAW REVISION. But however absurd and, in common language, obsolete an En...
Sacramentum
Sacramentum, an oath. As to the sacramenti actio of the Civil Law, see Sand. Just., and Cum. C. L. 313.Means the money staked as wager. The word evidently has a religious significance. The sum of the wager, forfeited by the party found to be in the wrong, was anciently devoted to religious pur-poses, later went to the public chest. But there is reason to think that at a still earlier period the word sacramentum meant, not a thing staked as a wager on the result of litigation, but an oath by each party as to justice of his cause, involving a penalty to be paid to the offended deity, if the oath was found to be false, the Element of Roman Law, R.W. Lee, 4th Edn., 1956, p. 422....
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