The Express.
London, England, 1867-06-11 00:00:00

COURT OF EXCHEQUER. -JuN z 10.

Sitting. in Banco.—(Before the Lord Chief Baron, and
Barone Martin, Bramwell, and Channel.)
SAVAGE r. MADDER AND ANOTHER.

This case came before the court upon a demurrer to
pleas, and raised a question as to the ability of a person to
recover money which he had deposited in the hands of
another in respect of • bet upon a horse race. The plain-
tiff backed the horses Lord Lions and Rustic for a place at
the Derby last year, and deposited the money sought to
be recovered with the defendants, who were to curry out
the transaction. The plaintiff won, bat obtained neither
his owu money nor the money due to the winner, and he
sued the defendants for the former sum. The action was
for money payable by the defendants to the plaintiff, for
money received by the defendants for the use of
, the plaintiff, and for money found to be due
from the defendants to the plaintiff on an account
stated. The defendants pleaded several pleas, stating, in
subetance, that the money was deposited in their hands to
abide an event upon which a wager was made, that it was
claimed by the plaintiff as winner of the acid wager, sod
that he dal not repudiate the wager or demand hack his
money before the event took place. The question now
was whether these pleas w-re • good defence to the
,action and it depended chiefly upon the construction to be
placed upon the Bth and 9th Vic. chap. 109, commonly
called Lord George Bentinck's Act, the 18th section of
which provided that all contracts or agreements by way
of gaming or wagering should be null and void, and that
no suit should be brought or maintained in any court of
law or equity for recovering any sum of money deposited
in the hands of any person to abide the event on which
any wager should have been made.
Mr. Warion was beard in support of the pleas, and Mr.
Hume Williams against them.
In the course of the arguments it appeared from
certain authorities quoted that it bad been decided
that, where the plaintiff hod repudiated the bargain or do-
mended back the money prior to the event having taken
F11:47; could recover the money from the party in whose
he had placed it.
The Lord Chief Baron, having referred to the provision
of the act, said he thought the principal pleas relied upon
constituted a good defence to the action, and that judg-
ment should be for the defendants.

Mr. Baron Martin, concurring, said the legislature had
rightly enacted that actions should not be brought upon
betting °entracte, because these were transactions which
ought rather to be discountenanced than otherwise, and
because if such actions could be brought, the business of
the courts of law would be blocked up with them, and
people would be leaving their business to come and listen
to, and take a part in, the trials. If people would bet they
must take their chance of getting their money in the event
of winning, these being entirely matters of honour which
they must settle amongst themselves.
Barons Bramwell and Channell being of the same
opinion,
Judgment wu entered for the defendants.

00IIRT OF BANKRUPTCY.—Jume 10.
(Before Mr. Commissioner Hoiroyd.)

IN Ili CAPTAIN BENT.

The bankrupt, who was formerly a captain in the army,
described himself as of Eastbourne, Paris, Northampton,
Graftonxtreet West, Euston-square, and other addresses.
This was • dieting for examination and discharge.
Mr. Sykes appeared for the official assignee ; Mr. Brough
for an opposing creditor ; and Mr. Heed for the bankrupt
The accounts tiled under the bankruptcy return the
sum of 2,1001. as being due to unsecured creditors, and
there are also liabilities of uncertain amount upon accom-
modation bills, which the bankrupt states he incurred two
or three years ago whilst at Paris, and of which he did
not keep any record. It was objected on behalf of the
creditor opposing that the accounts were quite insufficient
for the full disclosure of the bankrupt'. affairs. He had
gone about contracting debts at different places, and had
been travelling round the country with an equestrian
circus.

After bearing Mr. Reed fur the bankrupt,
His Honour granted an adjournment for the bankrupt
to Me a cash account for 12 months prior to the adjudica-
tion, and a deficiency account.

CENTRAL CRIMINAL COURT.

Witham Ramat, 22, traveller, was indicted for felo-
niously stealing two silver table spoons, one dessert spoon,
three tea spoons, and other articles of silver plate, the
property of It. S. Illingsrorth, in his dwelling-house ; and
William; Bull and William Gerrard (who, surrendered
in discharge of their bail) were indicted for feloniously re-
ceiving the said property, well knowing it to have been
stolen.

Mr. G. S. Griffiths conducted the prosecution ; and the
prisoners were respectively defended by Mr. Ribton, Mr.
Sleigh. and Mr. Montagu Williams.
The prosecutor of the indictment is a gentleman residing
in Norfolk-crescent, Hyde-park, and it appeared that the
prisoner Barwitt was acquainted with a men named Sloane,
who was footman in the prosecutor's establishment.
On the 3rd May last, Barwitt called on Sloane,
and was admitted into the pantry, and availing
himself of Sloane's temporary absenoe, he possessed him-
self of the articles of plate mentioned in the indictment
with which he made off. On the property being missed
the footman Sloane, accompanied by a pollee-constable,
went to Berwitt's house, and on charging him with the
robbery Barwitt exclaimed "Good God, what do you
mean ?" and Sloane replied, " You will soon see what I
mean," and gave the prisoner into custody. The polioe and
Sloane then went to the residence of the prisonerßull, who
keeps a general shop in the neighbourhood of Notting-hill,
and there the property which bad been sold by Torwitt to
Bull for W. was found. The only evidence against Gerrard
was that he was in Bull's service and employment.
The jury retired foe sometime to consider, and on coating