Lucrative
Gambling

Below you will find the laws against gambling that prevailed in ancient Rome, France, Prussia, Austria, Italy, Bavaria and Spain.

Click here to find out the gambling laws of England...

ANCIENT ROME
In ancient Rome all games of chance, with the exception of five which had relation to bodily vigor, were absolutely prohibited in public or private. The loser could not be sued for moneys lost, and could recover what he might have paid, such right being secured to his heirs against the heirs of the winner, even after the lapse of 30 years' prescription. During 50 years after the loss, should the loser or his heirs neglect their action, it was open to any one that chose to prosecute, and chiefly to the municipal authorities, the sum recovered to be expended in that case for public purposes. No surety for the payment of money for gambling purposes was bound. The betting on lawful games was restricted to a certain amount, beyond which the loser could recover moneys paid, and could not be sued for the amount. A person in whose house gambling had taken place, if struck or injured, or if robbed on the occasion thereof, was denied redress; but offences of gamblers among themselves were punishable. Blows or injuries might be inflicted on the gambling house keeper at any time and anywhere without being penal as against any person; but theft was not exempted from punishment, unless committed at the time of gambling--and not by a gambler. Children and freedmen could recover their losses as against their parents and patrons.

Cicero, in his second Philippic, speaks of a criminal process publicum judicium) then in force against gamblers.

The laws of ancient Rome were, therefore, very stringent on this subject, although, there can be no doubt, without much effect.

FRANCE
At the time of the French Revolution warlike games alone conferred the right of action, restricted, however, in cases of excessive losses; games of strength and skill generally were lawful, but were considered as not giving any right of action; games of mere chance were prohibited, but minors alone were allowed to recover moneys lost.

By the present law of France no judicial action is allowed for gambling debts and wagers, except in the case of such games as depend upon bodily skill and effort, foot, horse, and chariot races, and others of the like nature: the claim may be rejected if the court considers it excessive; but moneys paid can never be recovered unless on the ground of fraud. The keepers of gambling houses, their managers or agents, are punishable with fine (100 to 6000 francs) and imprisonment (two to six months), and may be deprived of most of their civil rights.

PRUSSIA
By the Prussian Code all games of chance, except when licensed by the state, are prohibited. Gambling debts are not the subjects of action; but moneys paid cannot be sued for by losers. Wagers give a right of action when the stakes consist of cash in the hands of a third person; they are void if the winner had knowledge of the event, and concealed it. Moneys lent for gambling or betting purposes, or to pay gambling or betting debts, cannot be sued for. Gambling house keepers and gamblers are punishable with fine; professed gamblers with imprisonment. Occasional cheating at play obliges to compensation; professed swindlers at play are punishable as for theft, and banished afterwards. Moneys won from a drunken man, if to a considerable amount, must be returned, and a fine paid of equal value.

AUSTRIA
In Austria no right of action is given either to the winner or the loser. All games of chance are prohibited except when licensed by the state. Cheating at play is punished with imprisonment, according to the amount of fraudulent gain. Playing at unlawful games, or allowing such to take place in one's house, subjects the party to a heavy fine, or in default, to imprisonment.

ITALY
The provisions of the Sardinian Civil Code are similar to those of the French, giving an action for moneys won at games of strength or skill--when not excessive in amount; but not allowing the recovery of moneys lost, except on the ground of fraud or minority, a provision taken from the old French law.

BAVARIA
By the Bavarian Code games of skill, and of mixed skill and chance, are not forbidden. The loser cannot refuse to pay, nor can he recover his losses, provided the sport be honestly conducted, and the stakes not excessive, having regard to the rank, character, and fortune of the parties.

In cases of fraudulent and excessive gambling, and in all games of mere chance, the winner cannot claim his winnings, but must repay the loser on demand. In the two latter cases (apparently) both winner and loser are liable to a fine, equal in amount,--for the first time of conviction, to one-third of the stakes; for the second time, to two-thirds; and for the third time, to the whole: in certain cases the bank is to be confiscated.

Hotel and coffee-house keepers, &c., who allow gambling on their premises, are punished for the first offence by a fine of 50 florins; for the second, with one of 100 florins; for the third, with the loss of the license. The punishment of private persons for the like offence is left to the discretion of the judge. Unlawful games may be legalized by authority; but in such case, fraud or gross excess disables the winner from claiming moneys won, renders him liable to repayment, and subjects him to arbitrary punishment.

Immoral wagers are void; and excessive wagers are to be reduced in amount. Betting on indifferent things is not prohibited, nor even as to a known and certain thing-when there is no deception. No wager is void on account of mere disparity of odds.

Professed gamblers, who also cheat at play, and their accomplices, and the setters-up and collectors of fictitious lotteries, are subject to imprisonment, with hard labour, for a term of from four to eight years.

Although, therefore, cheating gamblers are liable to punishment in Bavaria, it is evident that gambling is there tolerated to the utmost extent required by the votaries of Fortune.

SPAIN
Wagers appear to be lawful in Spain, when not in themselves fraudulent, or relating to anything illegal or immoral.

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