R v Bertram Davis [1915] ZATPD 23 (14 April 1915)

Criminal law.-Lottery.-Picture title competition.--Law 7 of 1890. Criminal procedure.-Remittal to different Magistrate.-Sec. 88 (c),Ord. l of 1903.

D inserted an advertisement in a newspaper containing a picture, and offered 1st, 2nd and 3rd and 50 consolation prizes for the best title to the picture. Competitors were required to send ls. with each answer. The sole and final decision in the competition rested with a certain B. The prizes were awarded
by B according to his judgment, ,bona fide given upon the merit of the answers, based upon their originality or wit. Held, that this was a competition dependant upon skill and not chance. A case remitted for trial under sec. 88 (c) of Ord. 1 of 1903 may be heard by a
magistrate other than the one who took the preliminary examination.