GAMING. 437 



omitted to give notice of his claim previously to the distri- 

 bution of the prizes, can recover the amount of his subscrip- 

 tion from the keeper of the lottery, depends upon a different 

 consideration, viz., whether or not the parties are in pari 

 delicto. There is no reported decision directly in point, but 

 it would appear that although both have been parties to an 

 illegal contract the delictum is not jmr, as the subscriber is 

 a member of a class of persons fur the protection of whom 

 the Lottery Acts were passed, and is therefore entitled to 

 recover (s). But no action will lie to recover money alleged 

 to be due as the winnings of a lottery [n) . 



Cock-fighting is illegal, and indictable at common law (J). Cock-fighting-, 

 Cock-fighting and a variety of other cruel sports wore tuH-baiting, 

 prohibited under a penalty by 5 & 6 Will. 4, c. 69, s. 3, 

 which however was repealed by 12 & 13 Vict.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

 By s. 2 of that Act it is 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 6Z." A cock has been held to be "an ani- 

 mal " 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 tor- 

 tured (c). 



And by s. 3 of the same Act it is enacted, that "every Keeper of a 

 person who shall keep or use or act in the management of any P'^'^'' ^"^ 

 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, shaU 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 suffer 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 

 every person who shall in any manner encourage, aid or 

 assist at the fighting or baiting of any bull, bear, badger, 



Iz) Browning v. Morris, 2 Cowp. supra; Allport v. Nutt, 1 C. B. 974 ; 



790, 792, per Lord Mansfield, C.J. ; 14 L. J., C. P. 272. 



Kearley v. Thomson, 24 Q. B. D. ih) Bac. Abr. Gaming (A.); 3 



742, 745, per Fry, L.J. ; Barclay v. Keb. 403, 510. 



Pearson, [1893] 2 Ch. 154, 167, per (c) Bridge v. Parsons, 32 L. J., 



Stirling, J. . M. C. 95. 



(a) Browning v. Morris, ubi 



