Act For Avoiding Wagers (Amendment) Act 1865

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SIND ACT No. III OF 1865.*

*For Statement of Objects and Reasons. see B.G.G.,1863, Supplement, p. 420; for Report of the Select Committee, see ibid, p. 485 ; and for Proceedings in Council, see ibid, pp. 407,452, 505, and ibid, 1864, pp. 407 and 507.

The short title was given by the Sind Short Titles Act, 1921 (Sind 2 of 1921) which has been rep by Sind Ordinance 5 of 1955, s.5, Sch.1.

[THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865.]

[31st July, 1865.]

An Act to amend Act XXI of 1848** (for avoiding wagers).

**Act 21 of 1848 rep. by the Contract Act, 1872 (9 of 1872), s. 1, but see the saving in that section.

WHEREAS it is expedient, so far as regards ***[Sind], to amend Act XXI of 1848 ** *(for avoiding wagers);*It is enacted as follows: -

***Subs. for the words "the Province of Sind" by W.P.A.O.,1964, Sch.,Pt. IV-B (III) which was previously Subs. by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind 5 of 1955), s. 3(ii) (w.e.f: 30th May, 1951), for "Presidency of Bombay."

**1. Contacts declared null and void No suit allowed on such contacts.----**All contracts, whether by speaking, writing or otherwise, knowingly made to further or assist the entering into, effecting or carrying out agreements by way of gaming or wagering, and all contracts by way of security or guarantee for the performance of such agreements or contracts, shall be null and void; and no suit shall be allowed in any Court of Justice for recovering any sum of money paid or payable in respect of any such contract or contracts, or any such agreement or agreements as aforesaid.

**2. Nor for commission or brokerage etc n respect of agreements by way of gaming or wagering.-----**No suit shall be allowed in any Court of Justice for recover ing any commission, brokerage, fee or reward in respect of the know ingly effecting or carrying out, or of the knowingly aiding in effecting or in carrying out, or otherwise claimed or claimable in respect of, any such agreement by way of gaming or wagering or any such con tract as aforesaid, whether the plaintiff in such suit be or be not a party to such last-mentioned agreement or contract, or for recovering any sum of money knowingly paid or payable on account of any persons by way of commission, brokerage, fee or reward in respect of any such agreement by way of gaming or wagering or contract as aforesaid.

3. Payments for which guardian and personal representative not to be allowed credit.---- No guardian, executor, administrator, heir or personal representative of any deceased person shall be entitled to or allowed credit in his accounts for or in respect of any payment by him on behalf of such deceased person (or in the case of a guardian, on behalf of any minor), in respect of any such agreement, or agreements as are mentioned in section I of Act XXI of 1848 ** or in respect of any such contract or contracts, commission, brokerage, fee or reward, or money paid or payable in respect thereof as are respectively mentioned in the first and second sections of this Act.

4. [Construction of Act.] Rep. Act XVI of 1895.

5. [Nu++m++ ber and gender.] Rep. Sind Act Ill of 1886.

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