TOTALISATOR COMMISSIONS.

Nelson Evening Mail, Volume XLIII, 5 February 1909, Page 3

TOTALISATOR COMMISSIONS.

LEGAL RECOVERY BARRED. A POINT OF HONOUR, NOT LAW. [United Pnns3 Association.] WELLINGTON, Thursday. In tho betting case of John Kemp and Percy Maxwell Cameron v. George Owler, for the recovery of tho sum of £51, a decision was given by Dr ■Mc-Arthur, S.M., to-day. The .plaintiffs' claim was that they had given defendant £1 to invest for them on - the totalisator at the New Zealand •. Cup meeting at Christchurch. Defend- ■ ant they alleged, was charged with certain instructions whereby he should have returned tbem the sum of £112. Defendant, who accounted to the plaintiffs only for the sum of £62- 10s, denied that ho was bound down, by instructions as to the speculation;- _ Commenting on the claim, his Worship said i that section 70 of the Gaming-- Act, ■ ISDB, in his opinion was conclusive as to plaintiffs' right of action. J«lt provided that "no action shall be brought or maintained to recover any-sum of i 'money ,wonj, lost or staked, in a.ny betting -transaction whatever." What, he remarked, coufd he plainer or more comprehensive? 'If young men, .or old otaes, ;. .for that matter, entrusted a companion with a 'sum of money to invest "on the totalisator, then no insrnctions given to ' him would render . him : legally liable to repay any . aivii denid he might receive. At least, that . Was his opinion gathered from the '. provision of- the Gaming Act, _ 1908. . Those who gave the money for investment' must rely not on the law for recovery but on the honour of the person to' whom the money wag" given. Judgment must be for the defendant, but no costs would be allowed. - ';