Game

Birds and beasts of a wild nature, obtained by fowling and hunting. Bac. Abr. See 11 Mete. (Mass.) 79. All sorts of birds and beasts that are objects of the chase. Wharton, Sports. In our language, the word game has a very broad and comprehensive signification. It means sport of any kind, and means physical contests, whether of man or beast, when practiced for the purpose of deciding wagers or rewards, or for the purpose of diversion, as well as games of hazard or skill by means of instruments or devices. Such were the Olympic and Nemean games among the Greeks, the former of which are lately being revived, and Apollinarian and Capitoline games among the Romans. 23 Ill. 440.

Birds and beasts of a wild nature, obtained by fowling and hunting. Bacon, Abr. See Coolldge v. Choate, 11 Mete. (Mass.) 79. As applied to animals it Is to be understood in its ordinary sense, in the absence of statutory definition; Guim v. State, 89 Ga. 341, 16 S. E. 458. A contest Playing golf alone on Sunday is not playing the game of golf; [1908] BJ. D. C. 43 (So. African). GAME LAWa Laws regulating the killing or taking of birds, and beasts, as game. The English game laws are founded on the idea of restricting the right of taking game to certain privileged classes, generally landholders, and are said to be directly descended from the old forest laws. The doctrine as laid down by Blackstone that the sole right of hunting and killing game was at common law vested in the crown has been controverted by Prof. Christian who clearly demonstrated that the owner of the soil, or the lessee or occupier, If no reservation was made In the lease, possessed the exclusive right to such game restriction. In 1831 the English law was so modified as to enable any one to obtain a certificate or license to kill game on payment of a fee. The laws relating to game in the United States were generally, if not universally, framed with reference to protecting the game from indiscriminate and unreasonable havoc, leaving all persons free to take game under certain restrictions as to the season of the year and the means of capture. But the more recent acts have provided other restrictions, such as requiring licenses, etc. As the most effective means of enforcing such statutes, most of them prohibit all persons, Including licensed dealers, under penalty, from buying or selling or even having in possession or control any game purchased within, a certain period after the commencement of the close season. The enforcement of these penalties has been fruitful of much litigation. A statute forbidding any one to kill, sell, or have In possession woodcock, eta, between specified days has been held not to apply to such lawfully taken in another state; Com. V. Hall, 128 Mass. 410, 35 Am. Rep. 387; Roth V. State, 61 Ohio St 209, 37 N. E. 259, 46 Am. St Rep. 566 (followed in State v. Rodman, 58 Minn. 393, 59 N. W. 1099); Com. V. Wilkinson, 139 Pa. 298, 21 Atl. 14; contra as to game^ unlawfully taken in another state; 35 Am. Rep. 390, note; State v. Saunders, 19 Kan. 127, 27 Am. Rep. 98; L. R. 2 G P. Div. 663; People v. O’Neil, 71 Mich. ft statute prohibiting the killing or having possession of certain birds after the same are killed; People v. Flshbough, 134 N. Y. S93, 81 N. B. 083, reversing 58 Hun 404, 12 N. Y. Supp. 24; and the mere possession of game during the closed season does not constitute an offence if it were killed during the open season; State v. Bucknam, 88 Me. 385, 84 Ati. 170, 51 Am. St. Rep. 406; but a stat- • ute which forbids the sale or having in possession for the purpose of sale, of such game during the close season, is constitutional and a valid exercise of the police power, even if it were killed out of the state; In re Deinlnger, 108 Fed. 623. A state may forbid those in rightful possession of game taken within the state from selling It; Ex parte Blardone, 55 Tex. Cr. R. 189, 116 S. W. 838, 116 S. W. 1199, 21 L. R. A. (N. S.) 607; American Express Co. v. People, 133 111. 649, 24 N. E. 758, 9 L. R. A. 138, 23 Am. St Rep. 641; Ex parte Kenneke, 136 Cal. 627, 69 Pac. 261, 89 Am. St. Rep. 177; State v. Dow, 70 N. H. 286, 47 Atl. 734, 63 L. R. A. 314; State v. Heger, 194 Mo. 707, 93 S. W. 252; or may make it an offence to have in possession, for the purpose of transportation beyond the state, birds which have been lawfully killed within the state; Geer V. Connecticut, 161 U. S. 619, 16 Slip. Ct 600, 40 L. Ed. 793. Such legislation Is not an unconstitutional Interference with Interstate commerce; id.; New York v. Hesterberg, 211 U. S. 31, 29 Sup. Ct. 10, 53 L. Ed. 76; Organ V. State, 66 Ark. 267, 19 S. W. 840. An act d^laring it unlawful in a non-resident to hunt or fish at any season of the year was held unconstitutional as denying the equal protection of the law to the non-resident land owner which was afforded to the resident land owner; State v. Mallory, 73 Ark. 236, 89 S. W. 955, 67 L. R. A. 773, 3 Ann. Cas. 852. The Lacey Act provides that all bodies of foreign game birds, the importatlpn of which is prohibited, or of any game birds transported Into any state, shall be subject therein to the operation of its laws; People V. Hesterberg, 184 N. Y. 126, 76 N. E. 1032, 3 L. R. A. (N. S.) 163, 128 Am. St- Rep. 628, 6 Ann. Cas. 353; New York v. Hesterberg, 211 U. S. 31, 29 Sup. Ct 10, 63 L. Ed. 76; Ex parte Maler, 103 Cal. 470, 37 Pac. 402, 42 Am. St. Rep. 129; State v. Rodman, 58 Minn. 893, 69 N. W. 1098; Roth v. State, 61 Ohio St 209, 37 N. E. 269, 46 Am. St. Rep. 566; a statute forbidding the possession of game in the close season extends to game in cold storage; State v. Judy, 7 Mo. App. 624; one forbidding the sale of trout applies to trout artificially propagated; Com. V. GUbert, 160 Mass. 157, 86 N. E. 464, 22 L. R. A. 489. A statute forbidding the transportation of game Includes deer in a private park; Dleterlch v. Fargo, 119 App. Dlv. 816, 104 N. Y. Supp. 834. gun or rifle is not obnoxious to the XIVth Amendment or the treaty with Italy; Com. V. Patsone, 231 Pa. 46, 79 Atl. 928, affirmed in Supreme Court of United States, 232 U. S. 138, 34 Sup. Ct. 281, 68 L. Ed. — (January, 1914). See, generally, Austin, Farm and Game Law; and, for the English game laws at the end of the 18th century, Jacob, Law Diet.

1. Birds and beasts of a wild nature, obtained by fowling and hunting. Bacon, Abe, See Co.olidge v. Choate, 11 Mete. (Mass.) 79. The term is said to include (in England) hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards. Brown. See 1 & 2 Wm. IV. c. 32.
-Game-keeper. One who has the care of keeping and preserving the game on an estate, being appointed thereto by a lord of a manor.

— Game-laws. Laws passed for the preservation of game. They usually forbid the killing of specified game during certain season
2. A sport or pastime, played with cards, dice, or other appliances or contrivancos. See Gaming.

— Game of chance. One in which the result, as to success or failure, depends less upon the skill and experience of the player than upon purely fortuitous or accidental circumstances, incidental to the game or the manner of playing it or the device or apparatus with which it is played, but not under the control of the player. A game of skill, on the other hand, although the element of chance necessarily cannot be entirely .eliminated, is one in which success depends principally upon the superior knowledge, attention, experience, and skill of the player, whereby the elements of luck or chance in the game are overcome, improved, or turned to his advantage. People v. Lavin, 179 N. Y. 164, 7l N. B. 753, 66 Li. R. A. 601; Stearnes v. State, 21 Tex. 692; Harless v. U. S., Morris (Iowa) 172; Wortham v. State, 59 Miss. 182; State v. Gupton, 30 N. C. 271.

All such animals as are ferm natures and Game laws: laws for the preservation of game at what times, by what means, etc., certain be pursued and taken.

Birds and beasts of a wild nature, obtained by fowling and hunting. Bacon, Abr. See 11 Metc. (Mass.) 79. The term is said to include (in England) hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards. Brown, See 1&2 Wm. IV. ce. 32. A sport or pastime played with cards, dice, or other contrivance. See GAMING.

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.

All such animals as are ferae naturae and objects of the chase. 2 Bl. Com. 410. Wharton's Lex. Defined by a late English statute (1 & 2 Will. IV. c. 32,) as including hares, pheasants, partridges, grouse, heath or moor game, black game and bustards. 2 Steph. Com. 82, 83. In New-York, game includes pheasants, partridges, heath-hens, quails and woodcock. 1 Rev. St. [701, 702,] 698, 699.

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.