370  EQUITY  CASES  IN  THE

1831.  case  is,  whether  the  money  was  advanced  for  betting  or  gam-
ing within  the  meaning  of  the  statute ;  and  I  think,  apply-
ing to  it  the  rule,  that  the  act,  being  a  penal  act,  is  to  be  con-
strued strictly,  still  that  the  case  comes  within  the  words
and  strict  meanmg  of  the  statute.  It  was  money  advanced
in  pursuance  of  previous  engagements,  for  the  purpose  of
paying  the  bets  that  were  lost  immediately  after  the  event
was  ascertained.  I  think  it  is  impossible  to  give  any
construction  to  this  statute  which  will  not  embrace  a
case  of  this  description.  If  that  be  so,  then  the  next
question  is,  how  itlafTects  these  securities.  It  is  not
material  that  the  security  should  be  given  at  the  timei
though,  as  far  as  relates  to  the  mortgage,  I  believe  it  was
given  at  the  time;  however,  it  does  not  signify  whether  the
security  was  given  at  the  time  or  after  a  short  interval.  The
mortgage  was  given  for  the  purpose  of  securing  the  sum  of
^000/.— which  was  less  than  the  sum  stated  on  the  face  of
this  bill,  and,  therefore,  to  be  taken  as  true  for  the  purpose
of  the  question — the  sura  that  was  due  by  Parker.  It  is
stated,  that  about  500/.  was  to  be  the  sum  that  was  to  be
taken  by  each  of  the  parties,  Clapham  and  Alcock — the
sum  does  not  appear  to  have  been  distinctly  ascertained.
