It was urged by the counsel for the defendant that the claim was void by by statute, in support of which he quoted the Gaming and Lotteries Act, ISBI, sections 11 to 15 and section 33, the latter being the one relied on. Itwa3 also urged by the counsel for the plaintiff that the latter was entitled to recover, in support of which the counsel quoted the case of tiampden v. Walsh, I. Queen's Bench Division, page 187, and other cases referred to in Roscoe's Nisi Prius, 14th edition, page 557, and Fisher's Digest, page 1951. The most recent case, and the one that must rule this (as it gives a decision under the English statute Viet. S-9, the 18th sec tion of which is identical with our Gaming and Lotteries Act, 1881, section 33) ia that of Hampden v. Walsh. In that case Lord Chief Justice Cockburn, when quoting from the case of Varney v. Hickman, said : 'An action for money had and received having been brought by the plaintiff to recover a deposit, the statute S-9 Viet., c, 109, was relied upon for the defence. But it was held by the Court, consisting of Maule, Cresswell, and Williams, that the part of section 18 relating to deposits was meant to apply only to the non-recovery by the winner of a sum. de posited by the other party to abide the event, and not to the right of the depositor to recover back his deposit, if demanded be fore the money was paid over. Judgment will therefore be for the plaintiff for £5, with costs 15s, witnesses' expenses 9s, and solici tor's for £1 lsJ' " T. Lyford, who was injured so severely in Napier, has got home to Christchurch, and will soon be all right again. Mr Taucred has had to abandon the idea of getting Consul fit for the New Zealand Cup in November, as the horse will not stand a severe preparation. He will there fore go to the stud, and be at the service of breeders in the Wairarapa this season. To do away with so many well bred weedy sires, the V. B.C. has started a race for two year old geldings. This will add a lot of horses to the "list," and be a benefit to breeders. T. Coffey has Welcome Jack in hand now. 