Divisional Court Cases
| DOI | 10.1177/002201834901300303 |
| Date | 01 July 1949 |
| Published date | 01 July 1949 |
| Subject Matter | Article |
Divisional Court Cases
WHAT IS A
'PRIVATE'
LOTTERY?
Hudson v. Chamberlin
Isa
lottery
confined to members of a company limited
by
guarantee necessarily aprivate
lottery
within
the
meaning of sec. 24 of
the
Betting
and
Lotteries Act, 1934?
This question was raised
by
the
above case (113
J.P.
64)
which was
an
appeal
by
case
stated
by
a police officer
against
the
dismissal
by
aMetropolitan police magistrate
of
an
information charging
the
respondent, who was
the
secretary of
the
National Cyclists' Union, with having
distributed tickets in connection
with
a
lottery
contrary
to section 22 (1) of
the
Betting
and
Lotteries Act, 1934.
The case when
it
came before
the
learned magistrate
will be found to have been noted in 1948
J.c.L.
362. The
facts material
to
this appeal as proved or admitted
at
the
hearing
were:
That
the
National Cyclists' Union (hereafter
called
"the
N.C.U.") was a company limited
by
guarantee.
That
membership was divided into three classes:
(a)
"club
members", being members of certain clubs who in
virtue of such membership were affiliated members of
the
N.C.U.;
(b)
"private
members", being direct members of
the
N.C.U.
and
entitled
to
full benefits;
(c)
"associate
members", being persons entitled only
to
limited benefits.
The N.C.U. was organised with local centres with their
own committees having certain local administrative powers.
The national governing
body
consisted of members of
the
local centres. Tickets for
the
lottery
were for sale to all
three classes of member. There was produced to
the
magistrate an envelope containing tickets
and
acircular
addressed to an associate member living in Northumber-
land.The appeal
by
way of case
stated
came before
the
Divisional Court on
the
30th
November, 1948
and
that
Court, consisting of Lord Goddard C.]., Hilbery
and
Birkett
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