Game law

“ Every where I see the dove-cotes demolished, which were the earliest victims of the first revolution; and I cannot lament their overthrow. The game-law now established{142} gives liberty to every one to kill what game he may find upon his own ground, or that which he rents; and if any person, without leave, shoot on his neighbour’s ground, he pays for each offence a fine of ten livres. How superior is this simple regulation, conceived in a spirit of equity, to a perplexed and odious code of penal statutes for the preservation of hares and partridges! ”

“ Others, again, think the game laws are unfair, and therefore see no harm in going out shooting on their own lands without a licence; while many see no harm, or say they see no harm, in poaching on other people’s grounds, and killing game contrary to law wherever they can. That it is wrong to break the law in these two first cases, you all know in your own hearts. On the matter of poaching, some of you, I know, have many very mistaken notions. ”

“ For my purpose, as a question of law, the real question is whether a man may dispose of his own as he chooses? If so, then he has a right to wager it on a game of cards, or at dice; and it is absurd to treat as criminal another man who may join in with him in gaming, as an antagonist. ”

“ GAMING HOUSES. In Bacon’s Abridgment (title “Gaming”) it is stated “that by the Common Law the playing at cards, dice, etc., when innocently practised, and as a recreation the better to fit a person for business, is not at all unlawful; yet if a person be guilty of cheating, as by playing with false cards, dice, &c., he may be indicted for it at Common Law and fined and imprisoned. So, also a common player at hazard and using false dice may be indicted for it at Common Law and set in the pillory. An information against a person using the game of cock-fighting may be at Common Law. ”

“ Administration of the Game Laws.
But bad as are the Game Laws in essence, the manner in which they are administered makes them far worse and more hateful. It is notorious that a large number of Justices of the Peace are game preservers. The people who break the Game Laws almost all belong to one class, the people who sit in judgment on them almost all belong to another and hostile class. The effect of this arrangement is made very clear by the following questions and answers ”

“ It is not difficult to suppose cases in which a club, though it could not possibly be called a common gaming house, might still be, according to the strict letter of the law, a house kept for unlawful gaming, if a game, not being a game exclusively of skill—say, for example, whist—were one of the objects for which a club was formed. ”

“ Why, you know there is a law in this State which says that game shall not be shot except at certain seasons of the year, and a game-constable is a man whose business it is to see that the law is obeyed. It is against the law to trap partridges and quails, and if we had a game-constable in town I shouldn't have set these snares, for I should have rendered myself liable to prosecution ”

“ The penalty of cheating at any game is liability to penal servitude for three years—the delinquent being proceeded against as one who obtains money under false pretences. Wagers and bets are not recoverable by law, whether from the loser or from the wager-holder; and money paid for bets may be recovered in an action 'for money received to the defendant's use.' All betting houses are gaming houses within the meaning of the Act, and the proprietors and managers of them are punishable accordingly. ”

“ The religious community deem all games of chance unholy, and therefore incompatible with their mode of living. I am not aware that gaming is prohibited by their law in a direct way, [8] but all practices tending to covetousness are strictly forbidden; and, surely, those who can touch the money called 'winnings' at any game, must be more or less exposed to the accusation of desiring other men's goods. ”

“ Hazard, which is now practically obsolete, seems to have made an irresistible appeal to the gaming instincts of former generations, and the financial ravages for which it was responsible eventually provoked such scandals that the game was rendered illegal in 1845. It was a somewhat complicated form of gambling, and in these days, when so [Pg 76] many easy forms of speculation exist, would in all probability have died a natural death even without the intervention of the law. ”

“ It may be the pleasure of other sportsmen to kill birds of all kinds and also deer at any and all times of the year. This kind of work can not be allowed. In order to enforce the game laws, the laws must be in harmony with the greatest number of people possible, and not enact game laws that deprives a goodly portion of the people (I refer to the trapper) of their pleasure simply to gratify a certain class of sportsmen.
The game wardens will then find it hard enough to enforce the law. Say, comrades, I wish to call your attention to an article in the December number of H-T-T, 1912, by Mr. ”

“ From this circumstance arose the right of lords of manors or others to the game within their respective liberties; and to protect these species of animals, the game laws were originated, and still remain in force. There are innumerable acts of parliament inflicting penalties on persons who may illegally kill game, and some of them are very severe; but they cannot be said to answer their end, nor can it be expected that they ever will, whilst there are so many persons of great wealth who have not otherwise the means of procuring game, except by purchase, and who will have it. ”

“ Jenks, [325] that any which is a game of chance or of chance and skill combined is now an unlawful game, if not in the sense of being penal, at any rate so as to make it unlawful to keep a house for the purpose of such games. There would then seem to be three legal consequences of a game being unlawful;
(1) Where the statute inflicts a penalty;
(2) A house kept for the purpose is constructively a common gaming house or primâ facie evidence of it.
153 (3) No prize to be awarded to the winner can be recovered, as we saw when we were discussing section 18 of 8 & 9 Vict., c. ”

“ Among these were bowling, coyting, tennis, when played by artificers and apprentices; and all persons were bound, under penalty of 6s. 8d., to provide themselves with bow and arrow. But these provisions of the statute were repealed by section 1, 8 & 9 Vict., c. 109.
Dominoes has been held to be a lawful game. [228]
The subject of unlawful games will be more fully treated in the Chapter on Gaming Houses. [229]
Exception in favour of Royal Palaces. All the statutes against unlawful games contain exceptions in favour of royal palaces during the actual residence of the Sovereign. ”

“ Every true sportsman strictly obeys the game laws, and it is to his advantage to do so, although in many States the laws are practically a dead letter. Shooting out of season has nearly killed the game in many localities, when it would still be abundant if the game laws had been observed. ”

“ Men still throw out their chests when talking of their rights. The posting of the game laws in a club last summer, and the instruction of all the natives of the countryside in regard to their rights as against those of outsiders, meant that for the first time in their history the game laws were enforced. ”

“ Every state in the North American Union, and in some cases every county in a state, has its own close-times and game laws, and the same is true of Canada. Moreover, heavy fees for licences to kill big game are now exacted in all parts of the world where game laws exist. ”

“ As, however, the open, undulating, grassy plains of the Masai country, and other places of a like nature, are the headquarters of by far the greatest quantity and variety of game, and are entirely free from the tsétsé fly, and as they are also well adapted to hunting on horseback, the game would very soon be exterminated if pursuit on horseback were permitted, and I trust that when the game laws which will doubtless be drawn up for this, probably the finest game country in the world, are drafted, a clause will be introduced which will make the pursuit of game in this manner altogether illegal. ”

“ Carpe diem must undoubtedly be the motto of the big game shooter of the present day, who requires genuine wild sport under the highest possible conditions. Even at present it is essential that he should obtain the fullest information as to the existing game laws in the part of the world in which he proposes to hunt, the whole of North America and practically three-fourths of Africa being governed by stringent regulations respecting the preservation of big game. ”

“ The Act also contains provisions similar to those of the Gaming House Act, with respect to appeals to Quarter Sessions, certiorari, and limitations of action (see above, p. 199) .
GAMING IN LICENSED PREMISES.
Gaming. By 35 and 36 Vict., c 94, if any licensed person (1) suffers any gaming or any unlawful game to be carried on on his premises, (2) opens, uses, or suffers his house to be opened or used in contravention of 16 & 17 Vict., c. 119, he is liable for the first offence to a penalty of £10, and for every subsequent offence to a penalty of £20 ”

“ The fact is, that while no one will deny the existence of individual cases of hardship from the operation of the game laws, you will hear comparatively little about them among those who are represented as groaning under their intolerable burden. ”

“ The players. The conviction against the players could not be sustained, though they might have been convicted of playing at unlawful games, but his lordship reserved this question. The words of the statute, “use the same for the purpose of unlawful gaming being carried on there,” only applies to a licensee to carry on the business.
A. L. Smith, J., delivered a judgment to the same effect, differing from Hawkins, J., only in one point, viz., as to 161excessiveness making a game unlawful. He considered that the dicta in Bacon and R. v. ”

“ First, those absolutely forbidden by name, to the gaming at which a penalty is attached. This class included "ace of hearts," "pharaoh or faro," "basset," and "hazard," and any other game with a die or dice except backgammon.
Second, a number of games not altogether prohibited under penal consequences, nor declared to be altogether illegal, but which, nevertheless, have been declared unlawful by the Legislature, because the keeping of houses for playing them, and the play in them therein by anybody, were rendered illegal. ”

“ Card Playing.—The old-time absurdity of making certain games illegal, because they were the ones chiefly used as vehicles for gambling and left little room for skill, seems to have resulted in throwing upon the Courts the difficult task of deciding what other games come near enough to this class to share their disabilities, and to have culminated in shaping the law in a direction very unfortunate for public morality, so as to present a modicum of skill as a sufficient leaven to create immunity for a very large element of chance. ”

“ A man moved up to the last row of squares on the other side must be immediately crowned; but the king cannot play till a move has been made on the other side.
Bye-laws.—No pointing over the board or obstruction to the adversary is allowed.—Matches, unless otherwise agreed, consist of an equal number of games.—All disputes to be decided by an umpire or other disinterested player.—Neither player is allowed, without the consent of his opponent, to leave the room during the progress of a game.—Any breach of the rules involves the loss of the game. ”

“ The earlier acts declared unlawful the following games of skill: football, quoits, putting the stone, kails, tennis, bowls, clash or kails, or cloyshcayls, logating, half bowl, slide-thrift or shove-groat and backgammon. Backgammon and other games in 1739 played with backgammon tables were treated as lawful in that year. Horse-racing, long under restriction, being mentioned in the act of 1665 and many 18th-century acts, was fully legalized in 1840 (3 & 4 Vict. c. 35) . The act of 1541, so far as it declared any game of mere skill unlawful, was repealed by the Gaming Act 1845. ”

“ The only ones that really work have to be installed in the tables themselves, which means they're used to milk the suckers, not rob the management. And anyone in the State of Nevada who buys a license to operate and then uses crooked wheels is (a) stupid, and (b) out of business within a week. Howley was right. Only in a place where gambling is legalized is it illegal—and unprofitable—to rig a game.
The gadget itself didn't look too complicated from the outside. ”

“ It is the Game Act of William IV that concedes to any one the right to kill game on his own ground, irrespective of qualifications of rank or property, game being defined in this statute, as in the earlier one of George IV, to include "hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards." This Act, however, requires all persons killing or pursuing game to take out a yearly certificate ”

“ If any person keep a house, shop, or place resorted to for the purpose of gambling, or permit or suffer any person in any house, shop, or other place under his control or care to play at cards, dice, faro, roulette, or other game for money or other things, such offender shall be fined not more than eight hundred dollars, or imprisonment not exceeding one year, or both, at the discretion of the court. ”

“ Thomas Lediard, Esq., attended by a constable and a party of guards, went this night to the Long Room, in James St., Westminster, where there was a Masquerade, in order to suppress the notorious practice of gaming, for which such assemblies are calculated. The whole was conducted without opposition, or mischief. Seventeen were committed to the gatehouse, some were discharged, and others gave sufficient bail, never to play at any unlawful game, or resort to any gaming house. ”