CHAPTER IV. 



GAMING. 



Gaming, by playing at cards, dice, or any other games, Gammg not 

 ■when practised without fraud and as a recreation, is not "il™M- 

 an ofPence at common law ; such transactions, however, 

 have never met with much encouragement when brought 

 into a Court (a). 



By the custom of London, it is a sufiicient cause for a Where a 

 master to turn away his apprentice, that he frequents London 

 gaming, and he may justify it before the chamberlain (b). ^?ft.equ*ents " 



The dismissal of a confidential commercial clerk before gaming. 

 the expiration of the term of his engagement, upon the Dismissal of 

 discovery that he had for many years previously been servant for 

 engaged in speculating in "differences" upon the Stock 1™™^!-°° 

 Exchange to a large extent, has also been held justifi- change. 

 able(c). 



But it is laid down that the Bishop cannot refuse to "Where a 

 induct a clergyman when presented to a living, merely clergyman 

 because he is a player at unlawful games, or a haunter uiSawful 

 of taverns (d) ; because, as Sir Simon Degge says, each of games. 

 these is not malum in se, but only malum prohibitum (e). 



It appears to be somewhat doubtful whether excessive Excessive 

 gaming is, at the present day, unlawful in itself. In gaming- 

 Bacon's Abridgment, tit. Oaming (A), it is said that, "it 

 seems that by the common law the playing at cards, dice, 

 &c., when practised universally and as a recreation, the better 

 to fit a person for business, is not at all unlawful nor punishable 

 as any offence whatever." In Rex v. Bogier (/) Abbott, C.J., 

 said that "the playing for large and excessive sums of 

 money would of itself make any game unlawful ; " Best, J., 

 adding that " it is quite clear that any practice that has 

 a tendency to injure public morals is a common law 



(a) Bac. Abr. tit. Gaming, A. ; 536 ; 55 L. J. Q. B. 306— C. A. 



Dalton, c. 23 ; Sherbon v. Colebach, (d\ Sjiecofs case, 5 Eep. 58 a, 



2 Vent. 175. p. 118. 



(h) Woodrqfev.Farnham,2Yeu). (c) Degge'sP. C, Part 1, Chap. I. 



291. (/) 1 B. & C. at p. 275 ; 2 D. & 



(c) Fearce v. Foster, 17 Q. B. D. R. 431. 



