ambling which is fostered by lotteries, however fairly conducted. They
are an unmitigated evil.
In the United States lotteries were established by Congress in 1776,
but, save in the Southern States, heavy penalties are now imposed on
persons attempting to establish them.
I need scarcely say that lotteries, whether foreign or British, are
utterly forbidden by law, excepting those of Art Unions. The operations
of these associations were indeed suspended in 1811; but in the
following year an act indemnified those who embarked in them for losses
which they had incurred by the arrest of their proceedings; and since
that time they have been _TOLERATED_ under the eye of the law without
any express statute being framed for their exemption. It is thought,
however, that they tend to keep up the spirit of gambling, and therefore
ought not to be allowed even on the specious plea of favouring 'art.'
_PRIVATE_ lotteries are now illegal at Common Law in Great Britain and
Ireland; and penalties are also incurred by the advertisers of _FOREIGN_
lotteries. Some years ago it became common in Scotland to dispose of
merchandise by means of lotteries; but this is specially condemned
in the statute 42 Geo. III. c. 119. An evasion of the law has been
attempted by affixing a prize to every ticket, so as to make the
transaction resemble a legal sale; but this has been punished as a
fraud, even where it could be proved that the prize equalled in value
the price of the ticket. The decision rested upon the plea that in such
a transaction there was no definite sale of a specific article. Even
the lotteries; for Twelfth Cakes, &c., are illegal, and render their
conductors liable to the penalties of the law. Decisive action has been
taken on this law, and the usual Christmas lotteries have been this year
(1870) rigorously prohibited throughout the country. It is impossible
to doubt the soundness of the policy that strives to check the spirit
of gambling among the people; but still there may be some truth in the
following remarks which appeared on the subject, in a leading journal:--
'We hear that the police have received directions to caution the
promoters of lotteries for the distribution of game, wine, spirits, and
other articles of this description, that these schemes are illegal, and
that the offenders will be prosecuted. These attempts to enforce rigidly
the provisions of the 10 and 11 William III., c. 17, 42 George III.,
c. 119, and to ch
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