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.

7. SPAIN.

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

8. ENGLAND.

In England some of the forms of gambling or gaming have been absolutely
forbidden under heavy penalties, whilst others have been tolerated, but
at the same time discouraged; and the reasons for the prohibition were
not always directed against the impropriety or iniquity of the practice
in itself;--thus it was alleged in an Act passed in 1541, that for the
sake of the games the people neglected to practise _ARCHERY_, through
which England had become great--'to the terrible dread and fear of all
strange nations.'

The first of the strictly-called Gaming Acts is one of Charles II.'s
reign, which was intended to check the habit of gambling so prevalent
then, as before stated. By this Act it was ordered that, if any one
shall play at any pastime or game, by gaming or betting with those who
game, and shall lose more than