Game

Birds and beasts of a wild nature obtained by fowling and hunting.; seems now to be settled that when the witness believes ina God who will reward or punish him even ian this world, he is competent.

Willes, 550.

Vide Atheist. other contrivance. When practised as a recreation, the better to fita person for business, it is not unlawful at common law; but a person guilty of cheating at any game, as by playing with false cards, dice, and the like, may be indicted at common law, and fined and imprisoned according to the heinousness of the offence.

1 Russ. on Cr. 406.

This offence is punished by statutory provisions in perhaps all the states.

Vide Roscoe, Cr. Ev. 446; Hawk. B. 1, c. 92, 8.1.

There is nothing contrary tonatural equity in gaming, and unless the game be of an immoral, illegal or indecent tendency, the contract will be considered as a reciprocal gift, which the parties make of the thing played for under a certain condition. Vide Bac. Ab. h. t. (A); Toull. liv.

3, t. 3,n. 381; Barbeyrac, Traité du Jeu, tom. 1, page 104, n. 4; Poth. Traité du Jeu; Merl. Répert. mot Jeu; 1 P. A. Bro. Rep. 171.

But the courts will not countenance gaming by giving too easy a remedy for the recovery of money won at play. Bac. Ab. wt supra.