The Sun.
London, England, 1845-10-30 00:00:00

IMPORTANT DECISION UNDER

THE NEW GAMING ACT.

RIGHT OF STAKEHOLDERS TO RETAIN STAKES.
BIRMINGHAM, TUESDAY NIGHT.—A decision of itself unhn.
portant as to the amount in dispute, but of the greatest consequence
to the sporting world as regards the question involved, was given
this day by Matthew Davenport Hill, Esq., Q.C., Recorder for the
borough, at the Mayor's Court. The facts of the case are briefly
these :—The plaintiff and defendant are both publicans, residing
in this town. At the close of the past year a wager was made be-
tween the plaintiff and a man named Barber, to play a game at
"put," the plaintiff staking 1/. ha., and his opponent 1/. In con-
sequence of a dispute having arisen in the course of the game, an►d
Barber affirming that he had won, owing to some mistaken play on
the part of Smith, that party at once threw down his cards and re-
fused to play any further ; at the same time denying that he had
lost the game, and asking for his money from Mr. Chattaway, the
defendant, who refused to give it him, but handed it over
to Barber. The consequence was that Smith sued
Barber for the I/. 55., and the case came on for trial
this day, when Mr. W. Morgan appeared for the plaintiff and Mr.
T. Harding for the defendant. A witness having been called by
the plaintiff's attorney, who proved that the money was paid into
the defendant's hands in his capacity of stakeholder while the
game at cards was being played, Mr. T. Harding said he thought
that that fact having been adm►tted by the plaintiff's witness must
put an end to the case—to show which he would refer the Learned
Recorder to the 18th section of the Act of Parliament recently
passed to " Amend the law concerning Game,, and Wagers," in
which it was enacted, " That all contracts or agreements, whether
by parole or in writing, by way of gaming and wagering, shall be
null and void ; and that 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
have been deposited in the hands of any person to abide the event
OR which any wager shall have been made. Provided always that
this enactment shall not be deemed to apply to any subscription, or
contribution, or agreement to subscribe and contribute for, or to.
ward, any plate, prize, or sum of money to be awarded to the
winner oriwinners of any lawful game, sport, pastime,'or excercise."
The Recorder having looked over the clause and the Act in
general, expressed some surprise at the construction of it, and
said, that if the Parliament were obliged to put a reasonable con-
struction upon all the Acts that they passed, he was afraid that
they would not often find time for a recess. Although the Le.
gislatnre might think that by preventing actions being brought
against stakeholders, they should be putting an end to parties en.
trusting stakeholders with money, he did not anticipate any such
result, nor did he think that they would retain the money for their
own use, but give it to the parties they might deem the winners,
and of course such a decision would be final, as no remedy could
be obtained from the stakeholder. -

After hearing Mr. Morgan, who sought to explain away the
meaning of the clause, but without effect, the Learned Recorder,
presuming that playing the game in question was unlawful, decided
that the plaintiff must be nonsulted.l