Chapter XIII: Section 7: makes any horse-race contrary to the Act a common nuisance

Cock-fighting seems to have been illegal at Common Law. In “Bacon’s Abridgment” it is stated that an information would lie at Common Law for using the game of cock-fighting. In _Squiers_ v. _Waiskin_, Lord ELLENBOROUGH described it “a barbarous diversion not to be encouraged in a Court of Justice. I believe that cruelty to these animals in throwing at them forms part of the dehortatory charge of judges to grand juries.” It was forbidden in the metropolis by 2 & 3 Vict., c. 47, section 47, under a penalty of £5, and by 12 & 13 Vict., c. 92, the same penalty is inflicted for keeping or using any “place” for the purpose of fighting or baiting any bull, bear, badger, dog, cock, or other animal. But these Acts[224] only apply to a place kept for the purpose. A case was lately noticed in the newspapers of a cock-fight having taken place on board a ship out at sea, and the question was suggested whether this could be a “place” within the Act. It should be remembered that the Statute 4 George IV., c. 60, defines the word “place” in previous statutes as including places “on land or water.”

_Billiards_ is a perfectly lawful game,[225] except that the keeping of public tables is subject to restrictions. By 8 & 9 Vict., c. 109, sections 11 and 13, it is necessary for the keeper of any public house, or any person setting up a public table, to take out a license for the same. It is made penal to allow playing on such table between the hours of 1 a.m. and 8 p.m., or in the case of a licensed victualler’s, at any time when his premises may not be open for the sale of intoxicating liquors. However, a subsequent statute, 37 & 38 Vic., c. 49, section 10, empowered licensed victuallers to sell liquor at any time to persons residing on their premises, but it has been held that that does not authorise the playing of billiards except at the times mentioned in the previous statute; it was, the Court said, a _casus omissus_ in the statute.[226] So, of course, games played on public tables at other than the authorised hours are not within section 18 of 8 and 9 Vict., c. 109. This will be more fully discussed in the chapter on gaming houses.

_Lotteries_ are illegal, as will be explained in a future part of this work.

By 12 George II., c. 28, section 2, _ace of hearts_, _pharaoh_, _bassett_ and _hazard_,[227] are declared to be illegal games, to which list 13 George II., c. 19, section 19, has added the games of _passage_ and any game with one or more dice or instrument in the nature of dice with one or more figures or numbers thereon, except _backgammon_.

18 George II., c. 34, provides that no person shall keep any house or place for playing _roulet_ or _roly-poly_ or any game with cards or dice prohibited by law.

[Sidenote: 33 Henry VIII., c. 9.]

A number of games were made unlawful by a statute 33 Henry VIII., c. 9, on the ground that they diverted people’s attention from the pursuit of archery. 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]

[Sidenote: 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.

As to what constitutes a royal palace see _Coombe_ v. _De la Bere_ (22 Ch. Div. 316) and cases therein quoted.