Game

1. "Wild animals pursued for amusement or profit. In its most comprehensive sense includes beasts, birds or fowl, and fishes.

Game laws

Statutes regulating the tak- ' ing or killing of animals of a wild nature. Another designation is Oame and Fish Laws. See Fish, 1. Game laws are designed to preserve insectivorous birds,, and the breeds of fowl and quadrupeds valuable to man for food and for sport. The details of these regulations must be sought for in the statutes of the several States.' See Pbopebty, Qualified. In English law, a " chase " Is the liberty of keeping beasts of chase or royal game in an uninclosed space, protected even from the owner of the land, with right to hunt them thereon. A *' park " is an inclosed chase, extending over a man's own grounds. A " forest," in the hands of a subject, is the same as a chase. At common law, it was once unlawful to kill beasts of park or chase, except as to such persons as possessed one of these franchises.* In 1831 the law was modified to enable any one to obtain a license to kill game, on the payment of a fee.* See Cruelty, 3; Wakeen. Game; games; gaming; gambling. A device or play the terms of which are that the winner shall receive something of value from the loser., The act of playing a game for stakes. "Gaming," without the prefix "unlawful," seema usually to imply something of an unlawful nature, by betting on the sport. " Persons may play at a game which is not in itself unlawful, without gaming; but if money is staked it becomes gaming." * "Gaming" is the risking of money, between two or more persons, on a contest or chance of any kind, where one must be the loser, and the other the gainer.' Imjilies something which in its nature de- ' People V. Sponsler, ante; 8 Whart. Cr. Law, § 1466. = Gambs v. Covenant Life Ins. Co., 50 Mo. 47 (1872). » See 19 Kan. 187; 128 Mass. 410; 7 Mo. Ap. 663; 60 N. Y. 10; 95 U. S. 465; L. E. 2 C. P. 653. <2B1.

Com. 33, 416. 'See Appleton's New Am. Cyo, VIII; Wharton^ Law Diet. • Bishop, Stat. Crimes, § 860, quoting Campbell, C. J., in Eegina v. Ashton, 16 E. L. & E. 346 (1882).

See Ansley v. State, 36 Ark. 67 (1880); Be Lee Tong, 18 F. E jends upon chance, or in which chance is an (lement.i "Gaming "is an offense against the public police )r economy. It tends to promote idleness, theft, and lebauchery among those of the lower class; and unong persons of a superior rank it has frequently Qeen attended with the sudden ruin and desolation of families, and an abandoned prostitution of every principle of honor and virtue, and often has ended in selfmurder itself.* Playing at a game of chance for mere recreation is lawful.' " Illegal gaming " implies gain and loss between the parties by betting, such eis would excite a spirit of cupidity.* A "game of chance " is such a game as is determined entirely or in part by lot or mere luck, and in which judgment, practice, skill, adroitness, and honesty have no ofl Bce at all, or are thwarted by chance. In a " game of skill " nothing is left to chance.' A " gaming table " is any table kept and used for playing games of chance.

— It ueed not be necessary to the game, nor made in any particular way." " Gaming " implies games. " To game " is to play at any sport or diversion;

— to play for a stake or prize;

— to use cards, dice, billiards, or any other instrument according to certain rules with a view to win money or any other thing waged upon the issue of the contest;

— to practice playing for money or any other stake;

— to gamble. " Game " embraces every contrivance or institution intended to furnish sport, recreation, or amusement. \STien a stake is laid upon the chances, the game becomes "gaming." "Games" become unlawful by being prohibited by statute.'

In common usage, "betting" and "gaming" are employed interchangeably; yet not always so. If two persons play at cards for money, they are said to be gambling or gaming. They are gambling because they lay a wager or make a bet on the result of the game. To say that they are betting is equally appropriate. If two persons lay a wager upon the result of a pending election, it will be said that they are betting, not gaming. There is no gaming in which the element of the wager is wanting, but there is betting which the term gaming does not commonly embrace. It is so common to apply gaming or gambling to any species of immoral betting that the precise meaning intended in a given case can be learned only from the connection. The terms are often applied to transactions which are illegal in the sense only of being immoral, but which involve the element of wager, as in the case of option conti-acts. But while such contracts are probably not gaming in the sense of any criminal law, there could be nothing to prevent their being legislated against under that head, 1 Bew V. Harston, L. E., 3 Q. B. 456 (1878), Cookburn, C. J. See also Bell v. State, 5 Sneed, 509 (1858). "431.

Com. 171. ' 4 Chitty, Bl. Com. 171. ' People V. Sergeant, 8 Cow. 141 (1828). •State V. Gupton, 8 Ired. L. 873 (1848), Euffln, C. J. • Toney d.

State, 61 Ala. 3 (1878); Whitney v. State, 10 when they are of the nature of gaming and embody its evils... Base-ball and horse-races are games, and any "pooling" scheme in betting thereon is gaming, and the place where the pools are sold is a pooling room or place.' The means or device for either gaming or gambling may be — backgammon, 2 bagatelle,' billiards,' candy prize-packages," cards," cock-flghting,' dog-flghts," faro," gift-enterprises'" (g. v.), horse-racing," keno," loto," poker or draw-poker,'< pool,'" raffle with dice," rondo," stocks," tan, tantan," ten-pins.'" A discharge will not be granted to an insolvent debtor who has spent property in gaming: his is fraudulent insolvency." Property so acquired is an asset, which may not be spent in gaming; and the mode of acquisition cannot be inquired into.''' Money lost by gaming is not recoverable." Statutes which allow gaming are to be strictly construed.'* See Bet; License, 3; Lottery; Morals; Or, 2;PooliNG^rABLE; Speculation; Stakeholder; Wageb, 2.