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.