Wagers

The law does not prohibit‘all wagers. 1 Browne’s Rep. 171. In general, it seems, that a wager is legal and may be enforced in a court of law, 3 T. R. 693, if it be not, Ist, contrary to public policy, or immoral; or if it do not in some other respect tend to the detriment of the public; 2dly, if it do not affect the interest, feelings, or character of.a third person. 1. Wagers on the event of an election laid before the poll is open, - 1 T. R. 56; 4 Johns. 426; 4 Harr. & McH. 284; or after it is closed, 8 Johns. 454, 147; 2 Browne’s Rep. 182, are unlawful. And wagers are against public policy if they are in restraint of marriage, 10 East, 22; made as to the mode of playing an illegal game, 2 H. Bl. 48; 1 Nott é& M‘Cord, 180; 7 Taunt. 246; or on an abstract speculative question of law or judicial practice, not arising out of circumstances in which the parties have a real interest. 12 East, 247, and Day’s notes, sed vide dividual, Cowp. 729; or whether an unmarried woman had borne or would have a child, 4 Campb. 152, are illegal; as unnecessarily leading to painful and indecent considerations. The supreme court of Pennsylvania have laid it down as a rule, that every bet about the age, or height, or weight, or wealth, or circumstances, or situation of any person, is legal; and this whether the subject of the bet, be man, woman, or child, married or single, native or foreigner, in this country or abroad. 1 Rawle, 42. And it seems that a wager between two coach proprietors, whether or not, a particular person would go by one of their coaches is illegal, as exposing that person to inconvenience. 1 B. & A. 683. In the case even of a legal wager, the authority of astakeholder, like - that of an arbitrator, may be rescinded, by either party before the event happened. And if after his authority has been countermanded, and the stake has been demanded, he refuse to deliver it, trover or assumpsit for money had and received is maintainable. 1B. & A.683. And where the wager is in its nature illegal, the stake may be recovered, even after the event, on demand made before it has been paid over. 4 Taunt. 474; 5 T. R. 405; sed vide 12 Johns. 1. See further on this subject, 7 Johns. 434; 11 Johns. 23; 10 Johns. 406, 468; 12 Johns. 376; 17 Johns. 192; 15 Johns. 5; 13 Johns. 88; Mann. ee anne Harr. Dig. Gaming.