s 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 gaming 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.
3. PRUSSIA.
By the Prussian Code all games of chance, except when licensed by the
state, are prohibited. Gaming 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 a 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. Gaming 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.
4. 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.
5. 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.
6. 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 gaming, and in all games
of mere chance, the winner cannot claim his winnings, but must repay
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