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The Gaming Table by Andrew Steinmetz
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CHAPTER
XIV. page 18
The Legislature interfered in behalf of the defendants, and passed an
Act, repealing in their eagerness not merely the penal clauses of the
Act, but the Act itself, so far as it related to horse-racing. Now,
it was supposed that upon the Act of the thirteenth of George II.
depended the whole legality of horse-racing, that the Act of the eighteenth
of George II. was merely explanatory of that statute, which, being
repealed, brought the practice again within the old law,
according to which it was illegal. By a judgment of the Court of
Common Pleas it was decided, however, that the words of the
eighteenth of George II. were large enough to legalize all races
anywhere for fifty pounds and upwards, and that the Act was not
merely an explanatory one. Upon this basis rests the existing
law on the subject of horse-racing. Bets, however, as before
stated, on horse-races are still as illegal as they are on any of
the forbidden games--that is to say, they are outside the law;
the law will not lend its assistance to recover them.'[152]
[152] _Ubi Supra_.