426 GAMING. 



to enjoy a diversion called " a stag-hunt," which consisted 

 in one of the numher 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 (m). 

 Unlawful A variety of games are prohibited by statute. Thus all 



games. lotteries are declared to be public nuisances in whatever way 



they may be drawn or arranged {x). The games of the ace 

 of hearts, pharaoh, basset and hazard {y) are to be deemed 

 games, or lotteries by cards or dice, and are unlawful, 

 whether played at a public table or in private (2). Also 

 the game of passage and every other game with dice, except 

 backgammon and other games played with backgammon 

 tables, are to be deemed games or lotteries by dice within 

 12 Geo. 2, c. 28 («). The game of rolypoly, or roulet, is 

 also prohibited under the same penalties (b). 



To these may be added any game of chance, or mixed 

 game of chance and skill, when played for money in a 

 common gaming house, at all events within the meaning 

 of the 17 & 18 Vict. c. 38, s. 4, which imposes a penalty 

 upon the keeper of a house for the purpose of unlawful 

 gaming being carried on therein (c). Baccarat, whether 

 " banque " {d) or " chemin de fer " (e), is a game of chance, 

 and, therefore, an unlawful game in this sense. The 

 question whether or not games of chance when played for 

 money in a gaming house are unlawful, in the sense that 

 they render the players subject to a criminal prosecution, 

 has not yet been decided. In Jenks v. Turpin (/), 

 Hawkins, J. committed himself to no opinion on this point, 

 on the ground that it was unnecessary under the circum- 

 stances of the case {g) ; but A. L. Smith, J. said that in his 

 opinion gaming in a common gaming house was unlawful 

 in the sense of being criminal, and that the law would 

 punish it accordingly (/?). 

 Lotteries. The statutes contaming provisions concerning lotteries 



(?() Pappin V. Maynard, 9 L. T., (i) 18 Geo. 2, c. 34, s. 1, Appen- 



N". S. 327. dLx. 



(x) 10 & 11 WiU. 3, c. 17, s. 1. (c) JenU v. Tnrpin, 13 Q. B. D. 



(y) See Hex v. Listuii, 5 T. E. 505 ; 53 L. J., M. C. 161 ; 50 L. T., 



240 ; Jeiiks V. Turpiii, 13 Q. B. D. N. S. 808. 



at p. 524. (d) Ibid. 



(z) 12 Geo. 2, c. 28, s. 2, Appen- (f) Fmrthughv.jrhitmore,\\%^i'\ 



dix; smAsee M'KiniU'll y. Robmson, W. N. 52 — Stirling, J. 



3 M. & ^Y. 441 ; Rex v. Liston, (/) XJbi supra. 



5 T. E. 240. (<;) 13 Q. B. D. at p. 626. 



(a) 13 Geo. 2, u. 19, ». 9, Appen- (A) Jenks v. Tiapiii, 13 Q. B. D. 



dix. at p. 532. 



