440 



GAMING. 



Periodical 

 Drawinars. 



Kepayment 

 of money. 



Cock-fig-ht- 

 ing, BuU- 

 baiting, &c. 



Keeper of a 

 place for this 

 purpose. 



allotments, and to advances upon them when selected, 

 does not appear to fall within the words or spirit of the 

 Lotie)'!/ Ads. 



A Society constituted avowedly for the benefit of its 

 members, making certain of them entitled to particular 

 benefits by the process of periodical drawings, does not 

 come within the Lottery Acts {z). 



And the only system of allotment which could be con- 

 sidered a Ldttenj, is where there are a number of subscribers 

 who absolutely pay over their money for the chance of 

 obtaining by the Ballot a portion of Land, but who have 

 not the option of receiving back again the money after they 

 have lost their chance. 



Cod:-fi(jhtin(j is illegal, and indictable at common law {a). 

 Coclx-fi(jhUncj and a variety of other cruel sports were 

 prohibited under a penalty by 5 & 6 Will. 4, c. 59, s. 3, 

 which however was repealed by 12 & 13 Yict. c. 92, s. 1. 

 By the 2nd section of this Act it was enacted that any 

 person " cruelly beating, ill-treating, over-driving, abusing, 

 or torturing, or causing or procuring to be cruelly beaten, 

 ill-treated, over-driven, abused or tortured, any animal, 

 shall pay a penalty not exceeding 5/." A cock has been 

 held to be " an animal " within this section, and therefore 

 a person who takes an active part in a cock-fight after one 

 or both is disabled, is liable to be convicted under this 

 section for causing or procuring a cock to be cruelly ill- 

 treated, abused or tortured (i). 



And by s. 3 of this Act it is enacted, that "every person 

 who shall heep or use or ad in the management of any place 

 for the purpose of fighting or baiting any bull, bear, badger, 

 dog, cock, or other bird or animal, whether of domestic or 

 wild nature, or shall permit or suffer any place to be so 

 used, shall be liable to a penalty not exceeding 5/. for 

 every day he shall so keep or use or act in the manage- 

 ment of any such place, or permit or sufi^er any place to 

 be used as aforesaid : provided always, that every person 

 who shall receive money for the admission of any other 

 person to any place kept or used for any of the purposes 

 aforesaid, shall be deemed to be the keeper thereof ; and 



{z) Jl'dllhu/ford V. Ilutual Societii, 

 L. R., 5 App. Cas. 685 ; 43 L. T., 

 iSr. S. 258; 2D W. R. 81— H. L. 

 And see Smith v. Anderson, L. E., 

 15 Ch. D. at p. 269, disapproving 

 Sykes w.Beadon, L. E.., 11 Ch. D. 



170. 



{a) Bac. Abr. Gaming (A.) ; 3 

 Keb. 403, 510. 



{h) Bridge v. Parsons, 32 L. J., 

 M. C. 95. 



