Transcriber’s Note:
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Since the publication of the last edition of this work the somewhatvaried topics treated of herein have never ceased tooccupy the attention of the Courts. Nor is it to be wondered at,considering the diverse and complex forms of gambling which theingenuity, combined with the cupidity of mankind, is constantlyinventing, that our judges should from time to time be called uponto adjudicate upon the legal attributes of the most recent devices.
Of legislative interference there has been but little. The GamingAmendment Act, which was passed to prevent the evasion ofthe Act of 1845, by the interposition of an Agent, seems in realityto have substituted another anomaly, seeing that while it hasabrogated the right of the Agent to recover reimbursement orcommission from his principal, it at the same time leaves unaffectedthe right of the principal to recover winnings received by theAgent on his behalf. The only other statute which has beenpassed touching the subject, is the Infants’ Betting and LoansAct, which may have its uses in protecting youths at the Universities,Schools and Training Ships from unnecessary temptation.
Turning now to the fresh material afforded by the Contents ofthe Law Reports, it will be noticed that the course of business inwhat are commonly known as “bucket shops” has been consideredin two cases in the Scotch Courts, Shaw v. The Caledonian Railway,and The Liquidator of the Universal Stock Exchange v. Mowat,with a view to ascertaining the identity of the transactionsvitherein conducted with wager contracts. As to these two casesthe Authors have ventured to give reasons for suggesting thatthey might have been decided the other way; and it is believedthat similar cases are pending in this country, so that it is notun