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Statute Law Repeals - Law Commission - Ministry of Justice

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7.11 The three survivors sought to sell the diamond, but unsuccessfully because its<br />

value was so great. The Pigot and Fisher Diamond Lottery Act 1800 7 provided<br />

that the various owners <strong>of</strong> the diamond could effect sale by “lottery or chance”<br />

(without fear <strong>of</strong> incurring a penalty), issuing up to 11,428 tickets at 2 guineas<br />

each (which would raise just short <strong>of</strong> £24,000). After giving public notice the<br />

lottery was to be determined by the first state draw after July 1800. Pending sale,<br />

the diamond was to be deposited at the Bank <strong>of</strong> England in the name <strong>of</strong> specific<br />

trustees.<br />

7.12 The lottery was drawn in January 1801, and the prize was won by a syndicate<br />

who had bought a large number <strong>of</strong> tickets. The 1800 Act thereafter became<br />

spent.<br />

Boydell’s Lottery<br />

7.13 John and Josiah Boydell (uncle and nephew) were London print sellers who<br />

published Shakespeare’s plays in editions ornamented with English artists’<br />

engravings, and exhibited them in their gallery in Pall Mall. The French<br />

Revolution <strong>of</strong> 1789 (and onwards), and the Anglo-French war <strong>of</strong> 1793, impacted<br />

adversely on their trading market: the collection became too large and expensive<br />

to maintain, and the original purpose <strong>of</strong> its passing into public ownership became<br />

unsustainable.<br />

7.14 The Boydell’s Lottery Act 1804, 8 acknowledging that ordinary sale would give rise<br />

to considerable loss, permitted the Boydell family to dispose <strong>of</strong> their leasehold<br />

gallery premises and art collection “by way <strong>of</strong> chance” without infringing the<br />

restriction on lotteries. The dispensation was afforded by parliament in<br />

recognition <strong>of</strong> the Boydells’ previous encouragement <strong>of</strong> the painting and<br />

engraving arts and their material contribution to the country’s international preeminence<br />

in the field.<br />

7.15 Under the Act 22,000 tickets could be sold in order to raise up to £69,300. The<br />

collection was to be divided into 62 prizes, and the draw was to be made either<br />

through the state lottery or by lottery drawn at the City <strong>of</strong> London guildhall.<br />

Pending the draw the collection was to be held by trustees (although copyright<br />

remained with the original owners). Any person who won an artwork was<br />

prohibited from copying it for sale without prior consent.<br />

7.16 Following public notice the draw took place via the state lottery in January 1805<br />

(ahead <strong>of</strong> the latest deadline <strong>of</strong> September 1805). John Boydell died a month<br />

before the draw, but his nephew continued the business at Cheapside until 1818.<br />

The purpose behind the 1804 Act is now long since spent.<br />

7 39 & 40 Geo.3 c.cii (1800).<br />

8 44 Geo.3 c.vi (1804).<br />

210

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