Friday, May 17, 2019

Victorian Vice- The Gambling Laws


Gambling requires little more than stakes, an agreed wager, and an event or contest over which to wager the stakes. This simplicity and the growing percentage of the population with disposable incomes spread gambling as a pastime and a business through English society in the 1800s. Men and women of the working class tossed away their week’s pay on games of chance and dice throws, as gentlemen and ladies lost thousands of pounds a night sitting at a gaming club. From copper hells to golden halls, we’re looking at gambling in Victorian England.

Since Englishmen first gathered to wager, English law sought to discourage it, or at least discourage it among the poor. King Henry VIII decreed only members of his court were allowed to gamble and play games. Everyone else could only play games of chance on Christmas day. Another well-intentioned act in 1739 banned betting over games such as hearts, hazard, and faro in clubs. Parliament later amended the act to include dice games and roulette as well. Faced with this iron-clad law, gentlemen’s clubs simply claimed any games on their premises were private affairs unassociated with club policy or rules. They couldn’t be held accountable for wagers among their members. Despite these attempts, gambling (or as it’s more respectably known “gaming”) reached it’s most ubiquitous and notorious heights in the late 1700s and early 1800s. By the 1850s, middle-class concern over the notorious gambling scandals of high born young men and moral outrage over the corruption of the lower classes brought new legislation designed to curb gambling’s iron hold.

The Gaming Act of 1845 legalized games of skill (such as tennis and bowling), made cheating a crime punishable by two years in prison, enabled police constables to more easily obtain warrants for searching suspected gambling houses,  and most importantly prohibited wagers from being enforced by law. Disgruntled gamblers with influence and means no longer took up time in court to argue the minutia of their bets. While this rapidly cleared many drawn-out cases, it clearly had more ramifications for the poor than the closely knit upper-class. If a bookmaker decided not to pay out to a lucky client, there was nothing legally the client could do about it. 

Her Majesties’ government took further steps against gambling’s corruptive influence among the working class with the Betting Act of 1853. The act outlaws the keeping or use of “any house, office, room, or other place, for the purpose of the owner or occupier betting with persons resorting thereto, or receiving money in advance in respect of bets”. Those managing the gambling house or those caught gambling inside faced a fine of up to £500 or up to a year in jail. The act also set fines for those delaying or obstructing the police from entering a suspected gambling club or giving a fake name and address to the police while caught in a raid. Once again the law left the gaming in gentlemen’s clubs legal. Betting at the racetrack, which was popular with the upper and middle classes, remained legal as well.

Faced with these new laws, many bookies left England to set up shop in Scotland or continental Europe and their clientele continued betting by mail, a method of gambling not criminalized by the acts. Some moved outdoors and did all their business in the street employing messengers for payments, payouts, and bets. Others continued to break the law moving their gambling house from premises to premises ahead of the police.

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