Ultimate Casinos
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What Gambling Means to Us
Gambling, gaming, betting and wagering are terms which are often used synonymously.
It is being regarded as embracing all the activities of this kind and the term adopted by the Royal Commission on Betting, Lotteries and Gaming, 1949-51, to include not only gaming and betting, but also lotteries.
The playing of games and the staking of money on them was not illegal at common law, but early legislation restricted gaming because it interfered with pastimes such as archery, proficiency in which rendered men more useful to serve the state in war.
From the 14th century restrictions were imposed to prohibit the playing of certain games by various classes of persons, in particular places or at specified times.
Some games were themselves made illegal; certain lawful games were made illegal if accompanied by wagering; and the use of certain places such as houses, offices and rooms, for gaming was prohibited.
The preamble to the Gaming Act 1541, for instance, referred to the statuses which had been passed earlier in the reign of Henry VIII to prohibit the many unlawful games then being practiced to the detriment of shooting and archery, and went on to state how the provisions of the earlier statutes had been avoided by the inventing of new games.
As a result, the practice of archery had been discontinued, and by prohibiting gaming in certain places, notably gaming houses by certain classes of persons (such as craftsmen and apprentice laborers) at specified times (e.g. except at Christmas) it was hoped to revive interest in archery and thereby increase the country's military strength.
Later legislation, however, was directed to protecting the moral welfare of the nation and to protecting losers from the consequences of immoderate gambling often taking place in surroundings, such as gaming houses - where gamblers were encouraged to lose more than they could afford.
The Gaming Act 1710, made utterly void all securities (including cheques) given in respect of gaming or betting on games, or for repaying money knowingly lent for these purposes. As a result no one could recover in the courts money owing on such securities, not even an innocent party to whom the security had been negotiated.
It was therefore provided by the Gaming Act 1835, that certain securities should be deemed to have been given 'for an illegal consideration,' instead of being void.
Although this did not affect the position so far as the original parties were concerned, it enabled the holder of security, to whom it had been negotiated in good faith without notice of the illegality, to recover in the courts the money owing on the security.
