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5 N.C. 291

Sears v. . West

Supreme Court of North Carolina

Decided July 5, 1809

Supreme Court of North Carolina · decided 1809-07-05

1 From Craven. This was an action of 'trespass, to recover damages from the Defendant for haying taken out of tfye possession of the Plaintiffs a billiard table. The Plaintiffs were the owners of the table, which, previous to the first day of April, 1807, they caused to be erected in the town of> Newborn, at their own expense; not for any purpose of emolument, or to be employed as a gaming table, but for their private and individual amusement.

Decided 1809-07-05

By the Court.

¶1 The object of the act of 1798, ch. 19, was to suppress excessive gaming, and also to remove the temptations to idleness and dissipation,” as these contributed to the main vice. The act therefore forbids the use of “ gaming tables,” generally, with a proviso, that it should not extend to billiard tables until the first *293 day of April, then ensuing. The act of 1804, ch. 31, tolerates the use of billiard tables, but imposes a tax upon that use. By that act, every man -«who “ erects and keeps” a billiard table, is made liable to the tax. The Legislature seems to have considered the use of the billiard table as conducive to idleness and dissipation, as well as a mean by which excessive gaming was promoted. We are therefore of opinion that judgment should be entered for the Defendant.

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