Chapter I: Part I

At Common Law what Wagers Illegal, 1–4; Statutes 16 Car. II., and 9 Anne, 4, 5; Betting at Games alone within Statutes, 7–9; whether Contract avoided as well as Security, 9; _bonâ fide_ Indorsee for Value could not sue Acceptor of Bill, 10.

_PART II._

5 & 6 Wm. IV., c. 41.

1. All Bills and Securities within Statute of Anne deemed to be for
Illegal Consideration, 11; Law as to Bills and Notes for Illegal
Consideration, 11; What cases are within the Act, 11; Wagers on
Games only, 11, 12; Cheque for Gaming Debts incurred abroad, 14;
Loans for Gaming purposes, 15, 16; Deposit of Stakes under £10 net,
12; Results of Illegality, 18; Void Consideration different, 20;
Notice, 21; Pleading Illegality, 23; Drawer’s Liability to Indorser,
11–12; Bonds within Act, 28; Consideration Illegal in part,
Contracts Divisible and Indivisible, 24; Test of whether Contract
affected with Illegality, Agents, Partners, &c., 16–18.

2. Acceptor who has paid Bill for Gaming Debts can recover from
Drawer, 26; with Interest when, 27; Acceptor paying by Cheque, 27;
Instruments within the Act, 28.

_PART III._

8 & 9 Vict., c. 109, s. 18, p. 28.

Statute makes Wagers Void, not Illegal, 29–; Indian Law of Wagers,
31.

Decisions under the Statute—

I. What are Contracts by way of Wagering, 32; _consensus ad idem_
necessary, 32; mutuality, 33; One must win, the other must lose, 33;
Each party selects an event in which he is to be paid, 33; Substance
rather than the form of Contract must be looked at, 33; Wagers under
guise of Sales, void, 35; Agreement with Tipster, 36; Executors must
not pay betting debts, 38; Deposit of Stakes on Horse Race, 36;
Rescission by Wager, 38; Speculative Sales valid, 39; Principal and
Turf Commission Agent, agreements between, not in nature of Wager,
40–; Agent must account to Principal for Winnings, 40–; Authority of
Agent to pay Losses, 45; such authority irrevocable, 47–; What Agent
must prove, 52; Gaming Amendment Act, 53; Agent cannot recover from
third party, 53.

II. No action to be brought on Wager, or to recover money deposited,
&c., 51–; Depositor can recover Stake from Stakeholder before money
paid to Winner, 51–; Notice necessary to determine Stakeholder’s
authority, 54; other ways in which authority determined, 57; His
liability, 60; When he Guarantees Stakes, 60; Guarantee of Wager,
60; Forfeits or Penalty for non-performance of Wagers not
recoverable, 61; Money deposited on bet, right to recover, 64;
ditto, from keeper of betting house, 65; Conflict of laws, 66;
Wagers made abroad, 68.

III. The Proviso in favour of a Subscription to a Prize for the
Winner of a lawful Game, 68.

(_a._) The meaning of a Subscription to a Prize, deposits by
Competitors in a race are not, 69 _et seq._; “Sum added” by
Third Party is, 73; Entrance Money, Stakes, Forfeits, Cups,
Plates, 74.

(_b._) When a person is the “Winner,” 74; Second Horse within
term, 75; must be Two competing, 75; Winner must be a
competitor, 75; _semble_ Breeder cannot recover Produce Stakes,
76; must have decision of Judge or Umpire in his favour, 76;
when authority of Umpire to decide exists, 76; Stewards of
Racecourse, Decision final, 78; Person cannot sue as Winner
unless their decision in his favour, 79; Construction of
Agreement by Court, parol evidence, 81; Starter requisite, 81.

(_c._) What are Lawful Games within Statute, 82; _Horse-racing_,
History of, 82; _Cock-fighting_ illegal, 85; Billiards on Public
Tables, 85; Games prohibited by the Statutes of Geo. II., 86;
Royal Palaces, Exception in favour of, 86.