434 



CAMINf;, 



Lawful 

 Gaming or 

 Play. 



"Game" 

 under the 

 Highway- 

 Act. 



Unlawful 

 Games. 



ling Matches (rf), Cricket (e), Tennis, Fives, Rackets, 

 Bowls (./), Skittles (g), Quoits, Curling, Putting Stone, 

 Football {//), and every bo)id fide variety, or similar de- 

 scription of sucli Games, &c. (/). The winner therefore, 

 in any of these, may recover from the loser, or each of the 

 losers, his Subscription or Contribution to the Stake (/.•). 



The following lawful Games when played for money {I) 

 may be called Lawful Gaming or Piay : — Whist and 

 other lawful Games at Cards, Backgammon {m), Bil- 

 liards (»), Bagatelle (»), Chess (o). Draughts (o), Domi- 

 noes (o), &c. 



By the 72nd section of the Highway Act (p) a penalty 

 is imposed upon any person " who shall play at Football 

 or any other Game on any part of the Highw\ay, to the 

 annoyance of any passenger or passengers." Therefore 

 where a number of persons assembled together in a public 

 Highway to enjoy a diversion called " a Stag-hunt," 

 which consisted in one of the number representing a Stag, 

 and the others chasing him, whereby an obstruction was 

 caused, it was held that this was " a Game " within the 

 meaning of the Act {q). 



A variety of Games are prohibited by Statute. Thus 

 all Lotteries are declared to be jjublic nuisances in what- 

 ever way they may be drawn or arranged (r). The 

 Games of The Ace of Hearts, Pharaoh, Basset and 

 Hazard («) are to be deemed Games, or Lotteries by Cards 

 or Dice, and are iinlaicfnl, whether played at a public table 

 or in private (/). Also the Game of Passage and every 

 other Game with Dice, except Backgammon and other 

 Games played with Backgammon tables, are to be deemed 



((/) See Kennedy v. Gad, 3 C. «& 

 P. ;i76; Ma)ihy\. Scott, 1 Mod. 136. 



{e) See Jeffreys y. Walter, iWils. 

 220 ; Walpole v. Sanders, 7 D. & R. 

 130 ; Hodson v. Terrill, 1 C. <S: M. 

 797 ; Holmes v. Bagge, 17 Jur. 1095. 



(/) See Slgel v. Jebb, 3 Stark. 2. 



[g) See Foot v. Baker, 5 M. & G. 

 339; Batti/Y. Marriott, 5 C. B. 818; 

 Seg. V. Bailey, 4 Cox, C. C. 396. 



(A) See Manby v. Scott, 1 Mod. 

 136. 



(J) See 7 & 8 Vict. c. 3. 



(A-) See 8 & 9 Vict. c. 109. 



(/) If money is not staked, it is 

 not Gaming, lieg. v. Ashton, 22 L. 

 J., M. C. 1, Q.B. 



{m) See 13 Geo. 2, c. 19, s. 9, 

 Appendix. 



(«) See 8 & 9 Vict. c. 109, s. 13, 

 Appendix. See I'arsons v. Alex- 

 ander, 1 Jur., iSr. S. 660. 



(o) See Ecg. \. Ashton, 22 L. J., 

 M. G. 1, Q. B. 



{p) 5 & 6 Will. 4, c. 50. 



[q) Pappin V. Maynard, 9 L. T., 

 N. S. 327. 



{r) 10 & 11 Will. 3, c. 17, s. 1. 



(.S-) See Crocl-ford v. Lord Jfaid- 

 stone, Ajjpendix ; Bex v. Liston, 

 T. R. 240. 



(0 12 Geo. 2, c. 28, s. 2, Appen- 

 dix ; and see M^Einnell v. Robinson, 

 3 M. & W. 441 ; Rex v. Listou, 

 5 T. R. 240. 



