c. 16 (1710), avoiding all wagers and securities relating to the then

war with France. The earliest general enactment was 16 Car. II. c. 7 (1665), prohibiting the recovery of a sum exceeding L100 lost in games or pastimes, or in betting on the sides or hands of the players, and avoiding securities for money so lost. 9 Anne c. 19 avoided securities for such wagers for any amount, even in the hands of bona-fide holders for value without notice, and enabled the loser of L10 or upwards to sue for and recover the money he had lost within three months of the loss. Contracts of insurance by way of gaming and wagering were declared void, in the case of marine risks in 1746, and in the case of other risks in 1774. It was not until 1845 that a general rule was made excluding wagers from the courts. Section 18 of the Gaming Act 1845 (passed after a parliamentary inquiry in 1844 as to gaming) enacted "that all contracts or agreements, whether by parole or in writing, by way of gaming or wagering shall be null and void, and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made; provided always that this enactment shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or towards any plate, prize or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime or exercise."

The construction put on this enactment enabled turf commission agents to recover from their principals bets made and paid for them. But the Gaming Act 1892 rendered null and void any promise, express or implied, to repay to any person any sum of money paid by him under, or in respect of, any contract or agreement rendered null and void by the Gaming Act 1845, or to pay any sum of money by way of commission, fee, reward, or otherwise in respect of any such contract or agreement, or of any services in relation thereto or in connexion therewith, and provided that no action should be brought or maintained to recover any such sum. By the combined effect of these two enactments the recovery by the winner from the loser or stakeholder of bets or of stakes on games falling within s. 18 of the Gaming Act 1845 is absolutely barred; but persons who have deposited money to abide the event of a wager are not debarred from crying off and recovering their stake before the event is decided, or even after the decision of the event and before the stake is paid over to the winner;[3] and a man who pays a bet for a friend, or a turf commission agent or other agent who pays a bet for a principal, has now no legal means of recovering the money, unless some actual deceit was used to induce him to pay in ignorance that it was a bet. But a person who has received a bet on account of another can still, it would seem, be compelled to pay it over, and the business of a betting man is treated as so far lawful that income-tax is charged on its profits, and actions between parties in such a business for the taking of partnership accounts have been entertained.

The effect of these enactments on speculative dealings in shares or other commodities calls for special consideration. It seems to be correct to define a wagering contract as one in which two persons, having opposite opinions touching the issue of an event (past or future), of which they are uncertain, mutually agree that on the determination of the event one shall win, and the other shall pay over a sum of money, or other stake, neither party having any other interest in the event than the sum or stake to be won or lost. This definition does not strike at contracts in "futures," under which the contractors are bound to give or take delivery at a date fixed of commodities not in existence at the date of the contract. Nor are such contracts rendered void because they are entered into for purposes of speculation; in fact, their legality is expressly recognized by the Sale of Goods Act 1893. Contracts of insurance are void if made by way of gaming or wagering on events in which the assured has no interest present or prospective whether the matter be life or fire risks (1774) or maritime risks (Marine Insurance Act 1906). An act known as Sir John Barnard's Act (7 Geo. II. c. 8, entitled "An act to prevent the infamous practice of stock jobbing") prohibited contracts for liberty to accept or refuse any public stocks or securities and wagers relating to public stocks, but this act was repealed in 1860, and contracts to buy or sell stocks and shares are not now void because entered into by way of speculation and not for purposes of investment. The only limitation on such contracts is that contained in Leeman's Act (30 & 31 Vict. c. 29) as to contracts for the sale of shares in joint-stock banking companies. But a transaction in any commodity, though in form commercial, falls within the Gaming Acts if in substance the transaction is a mere wager on the price of the commodity at a date fixed by the contract. It does not matter whether the dealing is in stocks or in cotton, nor whether it is entered into on the Stock Exchange, or on any produce exchange, or elsewhere; nor is it conclusive in favour of the validity of the bargain that it purports to bind the parties to take or deliver the article dealt in. The courts are entitled to examine into the true nature of the transaction; and where the substantial intention of the parties is merely to gamble in differences, to make what is called "a time bargain," the fact that it is carried out by a series of contracts, regular and valid in form, will not be sufficient to exclude the application of the Gaming Acts.

In very many cases transactions with "outside stockbrokers" or "bucket shops" have been held to be mere wagers, although the contracts purported to give "put" or "call" options to demand delivery or acceptance of the stocks dealt with; and the cover deposited by the "client" has been treated as a mere security for performance of the bargain, and recoverable if sued for in time, i.e. before it is used for the purpose for which it is deposited. There was not up to 1909 any authoritative decision as to the application of the Gaming Act 1892 to transactions on the London Stock Exchange through a stockbroker who is a member of "the House"; but the same principle appears to be applicable where the facts of the particular deal clearly indicate that the intention was to make a mere time bargain, or to pay or receive differences only. The form, however, of all bargains on the Stock Exchange is calculated and intended to preclude people from setting up a gaming act defence: as each contract entitles the holder to call for delivery or acceptance of the stock named therein. In the event of the bankruptcy of a person involved in speculations, the bankruptcy officials exclude from proof against the estate all claims founded on any dealing in the nature of a wager; and on the same principle the bankrupt's trustee cannot recover sums won by the bankrupt by gaming transactions, but unexhausted "cover" on uncompleted transactions may be recovered back.

Gambling debts.

Besides the enactments which prevent the recovery of bets or wagers by action there has also been a good deal of legislation dealing with securities given in respect of "gambling debts." The earliest (1665) dealt with persons playing at games otherwise than for ready money and losing L100 or more on credit, and not only prohibited the winner from recovering the overplus but subjected him to penalties for winning it. An act of 1710 (9 Anne c. 19) declared utterly void all notes, bills, bonds, judgments, mortgages or other securities where the consideration is for money or valuable security won by gaming at cards, stocks or other games, or by betting on the sides or hands of the gamesters, or for reimbursing money knowingly advanced for such gaming or betting. This act draws a distinction between gaming and other bets or wagers. Under this act the securities were void even in the hands of innocent transferees. In 1841 the law was altered, declaring such securities not void but made upon an "illegal" consideration. The effect of the change is to enable an innocent transferee for value, of a bill, note or cheque, to recover on a security worthless in the hands of the original taker (see s. 30 of the Bills of Exchange Act 1882), but to put on him the burden of proving that he is a bona fide holder for value. In the case of a negotiable security given for a wager not within the acts of 1710 or 1841 (e.g. a bet on a contested election), but within the act of 1845, a third person holding it would be presumed to be a holder for value and on the person prima facie liable under the security falls the burden of proving that no consideration was given for it. It has been decided after considerable divergence of judicial opinion that an action will not lie in England in favour of the drawee against the drawer of a cheque drawn at Algiers on an English bank, partly for losses at baccarat, and partly for money borrowed to continue playing the game. The ground of decision was in substance that the Gaming Acts of 1845 and 1892 as the _lex fori_ prohibit the English courts from enforcing gaming debts wherever incurred (_Moulis_ v. _Owen_, 1907, 1 K.B. 746).

_Scotland._--A Scots act of 1621 c. 14 (said still to be in force) forbids playing at cards or dice in any common house of hostelry, and directs that sums over 100 marks won on any one day at carding or dicing or at wagers on horse races should be at once sent to the treasurer of the kirk session. The Lottery Acts, except that of 1698, apply to Scotland; and the Betting House Act 1853 was extended to Scotland in 1874. The Street Betting Act 1906 extends to Scotland, and gaming houses can be suppressed under the Burgh Police Act 1892, and street betting, lotteries or gaming under that of 1903.

The Scots courts refuse to try actions on wagers, as being _sponsiones ludicrae_, unbecoming the dignity of the courts. 9 Anne c. 19 and 5 & 6 Will. IV. c. 41 extend to Scotland, but the weight of judicial opinion is that the Gaming Act 1845 does not.

_Ireland._--The British Acts against lotteries were extended to Ireland in 1780, and the general law as to gaming is the same in both countries.

_British Possessions._--Certain of the earlier imperial acts are in force in British possessions, e.g. the act of 9 Anne c. 19, which is in force in Ontario subject to amendments made in 1902. In the Straits Settlements, Jamaica and British Guiana there are ordinances directed against gambling and lotteries, and particularly against forms of gambling introduced by the Chinese. Under these ordinances the money paid for a lottery ticket is recoverable by law. In the Transvaal betting houses were suppressed by proclamation (No. 33) soon after the annexation. An invention known in France as the _pari mutuel_, and in Australia as the totalizator, is allowed to be used on race-courses in most of the states (but not in New South Wales). In Queensland, South Australia, Tasmania and Western Australia the state levies a duty on the takings of the machine. In Tasmania the balance of the money retained by the stewards of the course less the tax must be applied solely for improving the course or promoting horse-racing. In Victoria under an act of 1901 the promoters of sports may by advertisement duly posted make betting on the ground illegal.

_Egypt._--By law No. 10 of 1905 all lotteries are prohibited with certain exceptions, and it is made illegal to hawk the tickets or offer them for sale or to bring illegal lotteries in any way to the notice of the public. The authorized lotteries are those for charitable purposes, e.g. those of the benevolent societies of the various foreign communities.

_United States._--In the United States many of the states make gaming a penal offence when the bet is upon an election, or a horse race, or a game of hazard. Betting contracts and securities given upon a bet are often made void, and this may destroy a gaming note in the hands of an innocent purchaser for value. The subject lies outside of the province of the federal government. By the legislation of some states the loser may recover his money if he sue within a limited time, as he might have done in England under 9 Anne c. 19.

AUTHORITIES.--Brandt on _Games_ (1872); Oliphant, _Law of Horses, &c._ (6th ed. by Lloyd, 1908); Schwabe on the _Stock Exchange_ (1905); Melsheimer on the _Stock Exchange_ (4th ed., 1905); Coldridge and Hawksford, _The Law of Gambling_ (1895); Stutfield, _Betting_ (3rd ed., 1901). (W. F. C.)

FOOTNOTES:

[1] Leake on _Contracts_ (4th ed.), p. 529.

[2] Pollock, _Contracts_ (7th ed.), p. 313.

[3] _Burge_ v. _Ashby_, 1900, 1 Q.B. 744.

GAMUT (from the Greek letter _gamma_, used as a musical symbol, and _ut_, the first syllable of the medieval hymn _Sanctus Johannes_), a term in music used to mean generally the whole compass or range of notes possessed by an instrument or voice. Historically, however, the sense has developed from its stricter musical meaning of a scale (the recognized musical scale of any period), originating in the medieval "great scale," of which the invention has usually been ascribed to Guido of Arezzo (q.v.) in the 11th century. The whole question is somewhat obscure, but, in the evolution of musical notation out of the classical alphabetical system, the invention of the medieval gamut is more properly assigned to Hucbald (d. 930). In his system of scales the semitone was always between the 2nd and 3rd of a tetrachord, as G, A, [flat]B, C, so the [natural]B and # F of the second octave were in false relation to the [flat]B and [natural]F of the first two tetrachords. To this scale of four notes, G, A, [flat]B, C, were subsequently added a note below and a note above, which made the hexachord with the semitone between the 3rd and 4th both up and down, as F, G, A, [flat]B, C, D. It was at a much later date that the 7th, our leading note, was admitted into a key, and for this the first two letters of the last line of the above-named hymn, "Sanctus Johannes," would have been used, save for the notion that as the note Mi was at a semitone below Fa, the same vowel should be heard at a semitone below the upper Ut, and the syllable Si was substituted for Sa. Long afterwards the syllable Ut was replaced by Do in Italy, but it is still retained in France; and in these two countries, with whatever others employ their nomenclature, the original Ut and the substituted Do stand for the sound defined by the letter C in English and German terminology. The literal musical alphabet thus accords with the syllabic: A (La), B (Si), C (Ut or Do), D (Re), E (Mi), F (Fa), G (Sol). In Germany a remnant of Greek use survives. A was originally followed in the scale by the semitone above, as the classical Mese was followed by Paramese, and this note, namely [flat]B, is still called B in German, English [natural]B (French and Italian Si) being represented by the letter H. The gamut which, whenever instituted, did not pass out of use until the 19th century, regarded the hexachord and not the octachord, employed both letters and syllables, made the former invariable while changing the latter according to key relationship, and acknowledged only the three keys of G, C and F; it took its name from having the Greek letter gamma with Ut for its lowest keynote, though the Latin letters with the corresponding syllables were applied to all the other notes.

GANDAK, a river of northern India. It rises in the Nepal-Himalayas, flows south-west until it reaches British territory, where it forms the boundary between the United Provinces and Bengal for a considerable portion of its course, and falls into the Ganges opposite Patna. It is a snow-fed stream, and the surrounding country in the plains, lying at a lower level than its banks, is endangered by its floods. The river is accordingly enclosed by protective embankments.

The LITTLE GANDAK rises in the Nepal hills, enters Gorakhpur district about 8 m. west of the Gandak, and joins the Gogra just within the Saran district of Bengal.

The BURHI (or old) GANDAK also rises in the Nepal hills, and follows a course roughly parallel to and east of that of the Gandak, of which it represents an old channel, passing Muzaffarpur, and joining the Ganges nearly opposite to Moughjr. Its principal tributary is the Baghmati, which rises in the hills N. of Kathmandu, flows in a southerly direction through Tirhut, and joins the Burhi Gandak close to Rusera.

GANDAMAK, a village of Afghanistan, 35 m. from Jalalabad on the road to Kabul. On the retreat from Kabul of General Elphinstone's army in 1842, a hill near Gandamak was the scene of the massacre of the last survivors of the force, twenty officers and forty-five British soldiers. It is also notable for the treaty of Gandamak, which was signed here in 1879 with Yakub Khan. (See AFGHANISTAN.)

GANDERSHEIM, a town of Germany in the duchy of Brunswick, in the deep valley of the Gande, 48 m. S.W. of Brunswick, on the railway Boissum-Holzminden. Pop. (1905) 2847. It has two Protestant churches of which the convent church (_Stiftskirche_) contains the tombs of famous abbesses, a palace (now used as law courts) and the famous abbey (now occupied by provincial government offices). There are manufactures of linen, cigars, beet-root sugar and beer.

The abbey of Gandersheim was founded by Duke Ludolf of Saxony, who removed here in 856 the nuns who had been shortly before established at Brunshausen. His own daughter Hathumoda was the first abbess, who was succeeded on her death by her sister Gerberga. Under Gerberga's government Louis III. granted a privilege, by which the office of abbess was to continue in the ducal family of Saxony as long as any member was found competent and willing to accept the same. Otto III. gave the abbey a market, a right of toll and a mint; and after the bishop of Hildesheim and the archbishop of Mainz had long contested with each other about its supervision, Pope Innocent III. declared it altogether independent of both. The abbey was ultimately recognized as holding directly of the Empire, and the abbess had a vote in the imperial diet. The conventual estates were of great extent, and among the feudatories who could be summoned to the court of the abbess were the elector of Hanover and the king of Prussia. Protestantism was introduced in 1568, and Magdalena, the last Roman Catholic abbess, died in 1589; but Protestant abbesses were appointed to the foundation, and continued to enjoy their imperial privileges till 1803, when Gandersheim was incorporated with Brunswick. The last abbess, Augusta Dorothea of Brunswick, was a princess of the ducal house, and kept her rank till her death. The memory of Gandersheim will long be preserved by its literary memorials. Hroswitha, the famous Latin poet, was a member of the sisterhood in the 9th century; and the rhyming chronicle of Eberhard of Gandersheim ranks as in all probability the earliest historical work composed in low German.

The Chronicle, which contains an account of the first period of the monastery, is edited by L. Wieland in the _Monumenta Germ. historica_ (1877), and has been the object of a special study by Paul Hasse (Gottingen, 1872). See also "Agii vita Hathumodae abbatissae Gandershemensis primae," in J.G. von Eckhart's _Veterum monumentorum quaternio_ (Leipzig, 1720); and Hase, _Mittelalterliche Baudenkmaler Niedersachsens_ (1870).

GANDHARVA, in Hindu mythology, the term used to denote (1) in the Rig-Veda usually a minor deity; (2) in later writings a class of divine beings. As a unity Gandharva has no special attributes but many duties, and is in close relation with the great gods. Thus he is director of the sun's horses; he is guardian of soma, the sacred liquor, and therefore is regarded as the heavenly physician, soma being a panacea. He is servant of Agni the god of light and of Varuna the divine judge. He is omnipresent: in the heavens, in the air and in the waters. He is the keeper of heaven's secrets and acts as messenger between gods and men. He is gorgeously clothed and carries shining weapons. For wife he has the spirit of the clouds and waters, Apsaras, and by her became father of the first mortals, Yama and Yami. He is the tutelary deity of women and presides over marriage ceremonies. In their collective capacity the Gandharva share the duties allotted to the single deity. They live in the house of Indra and with their wives, the Apsaras, beguile the time by singing, acting and dancing. Sometimes they are represented as numbering twelve, sometimes twenty-seven, or they are innumerable. In Hindu law a Gandharva marriage is one contracted by mutual consent and without formality.

GANDIA, a seaport of eastern Spain, in the province of Valencia; on the Gandia-Alcoy and Alcira-Denia railways. Pop. (1900) 10,026. Gandia is on the left bank of the river Alcoy or Serpis, which waters one of the richest and most populous plains of Valencia and enters the Mediterranean Sea at the small harbour of Gandia (_El Grao_), 3 m. N.E. The chief ancient buildings of Gandia are the Gothic church, the college, founded by San Francisco de Borgia, director-general of the order of Jesus (1510-1572), and the palace of the dukes of Gandia--a title held in the 15th and 16th centuries by members of the princely house of Borgia or Borja. A Jesuit convent, the theatre, schools and the palace of the dukes of Osuna, are modern. Besides its manufactures of leather, silk, velvet and ribbons, Gandia has a thriving export trade in fruit, and imports coal, guano, timber and flour. In 1904, 400 vessels, of 200,000 tons, entered the harbour.

GANDO, a sultanate of British West Africa, included in the protectorate of Nigeria, situated on the left bank of the Niger above Borgu. The sultanate was established, c. 1819, on the death of Othman Dan Fodio, the founder of the Fula empire, and its area and importance varied considerably during the 19th century, several of the Fula emirates being regarded as tributaries, while Gando itself was more or less dependent on Sokoto. Gando in the middle of the century included both banks of the Niger at least as far N.W. as Say. The districts outside the British protectorate now belong to France. Since 1884 Gando has been in treaty relations with the British, and in 1903 the part assigned to the British sphere by agreement with France came definitely under the control of the administration in Nigeria. Gando now forms the sub-province of the double province of Sokoto. The emir was appointed under British authority after the conquest of Sokoto in 1903. Since that date the province has been organized for administration on the same system as the rest of the protectorate of Northern Nigeria. Provincial and native courts of justice have been established, roads have been opened, the slave trade has been abolished, and the country assessed under the new scheme for taxation. British garrisons are stationed at Jegga and Ambrusa. The chief town is Gando, situated on the Sokoto, the first considerable affluent of the Niger from the east, about 60 m. S.W. of the town of Sokoto.

GANESA, or GANESH, in Hindu mythology, the god of wisdom and prudence, always represented with an elephant's head possibly to indicate his sagacity. He is the son of Siva and Parvati. He is among the most popular of Indian deities, and almost every act, religious or social, in a Hindu's life begins with an invocation to him, as do most books. He typifies not the wisdom of knowledge but that worldly wisdom which results in financial success, and thus he is particularly the god of the Hindu shopkeeper. In his divine aspect Ganesa is ruler over the hosts of heaven, the spirits which come and go to do Indra's will.

GANGES (GANGA), a great river of northern India, formed by the drainage of the southern ranges of the Himalayas. This mighty stream, which in its lower course supplies the river system of Bengal, rises in the Garhwal state, and falls into the Bay of Bengal after a course of 1500