CHAPTER 55. ACTIONS, SUITS AND ARBITRATION;
ARTICLE 9. GAMING CONTRACTS.
§55-9-1. Gaming contracts void.
Every contract, conveyance, or assurance, of which the
consideration, or any part thereof, is money, property, or other
thing won or bet at any game, sport, pastime, or wager, or money
lent or advanced at the time of any gaming, betting, or wagering,
to be used in being so bet or wagered (when the person lending or
advancing it knows that it is to be so used) shall be void as
between the parties thereto, and as to all persons except such as
hold or claim under them in good faith, for value, and without
notice of the illegality of the consideration.
§55-9-2. Recovery of money or property lost in gaming.
If any person shall lose to another within twenty-four hours
ten dollars or more, or property of that value, and shall pay or
deliver the same, or any part thereof, such loser may recover back
from the winner the money or property, or in lieu of the property
the value thereof, so lost, by suit in court, or before a justice,
according to the amount or value, brought within three months after
such payment or delivery. The loser may so recover from the
winner, notwithstanding the payment or delivery was to the winner's
indorsee, assignee, or transferee. But nothing in this section
shall be so construed as to permit a recovery of such property, or
its value, from any person (or those claiming under him) other than
the winner, when such person has paid value for such property
without notice of illegal consideration under which the winner
derived his claim of title.
§55-9-3. Recovery of gaming losses by bill in equity; repayment
discharges winner from punishment.
Such loser may file a bill in equity against such winner, who
shall answer the same, and upon discovery and repayment or
redelivery of the money or property so won, or its value, such
winner shall be discharged from any forfeiture or punishment which
he may have incurred for winning the same.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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