By the Ground Game Act, 1880, every occupier of land is to have, as incident to and inseparable from his occupation of the land, the right to take and kill ground game, i.e., hares and rabbits thereon, concurrently with any other person who may be entitled to kill and take ground game on the same land subject to the limitations in Clause 1. The occupier cannot divest himself of the right, but he may authorize in writing one person to kill ground game with firearms in addition to himself. He may, however, authorize other persons to kill or take ground game, but by section 6, spring traps are not to be set except in rabbit holes, and the use of poison is forbidden. The authority can, however, only be given to (1) members of his household resident on his land, (2) persons in his service on such land, (3) one other person bona fide employed for reward for the purpose.

Ground game must not be shot between the first hour after sunset and the last hour before sunrise.

The occupier and persons authorized need not have game licenses, but require gun licenses.

Gaming Houses, Gaming, &c.

The Act 8 & 9 Vict. c. 109, prohibits any house being used as a common gaming house. Penalty on owner or keeper, or banker, croupier, or other person conducting business of house, 1001. (section 4).

A common gaming house is one kept or used for playing therein at any unlawful game, and where a bank is kept by one or more of the players exclusively of the others, or where the chances of any game played therein are not alike favourable to all the players, including the banker or other person by whom the game is managed, or against whom the other players stake, play, or bet (section 2).

A justice may issue a warrant to enter and search suspected house, and persons found therein may be arrested (section 3).

It shall not be necessary, in support of any information for gaming, &c., to prove that any person found playing at any game was playing for any money, wager, or stake (section 5).

Where any cards, dice, balls, counters, tables, or other instruments of gaming shall be found in any house, room, or place suspected to be used as a common gaming house, it shall be evidence, until the contrary be made to appear, of such place being a common gaming house, although no play was actually going on in the presence of the superintendent or constable entering the same, and justices may direct all such tables and instruments of gaming to be destroyed (section 8).

Persons are liable to a penalty of 100l. for obstructing entry of constables authorized to enter suspected houses under 17 & 18 Vict. c. 38, s. 1, and under section 2 of the same Act obstructing the entry of the constables is to be an evidence of the house being a common gaming house.

Under section 3, persons found in gaming house giving a false name or address, &c., may be fined 501.

Under 17 & 18 Vict. c. 38, the penalty for keeping a common gaming house, or assisting therein, or advancing money for the purpose of gaming, is 500l.

The following are the results of the judgments in Jenks v. Turpin, 13 Q. B. D. 505, which was a case under 17 & 18 Vict. c. 38, s. 4, stated by Sir James Ingham to the High Court:

THE PARK CLUB CASE.-"A house that is used partly as a social club bonâ fide, and partly as a house for gaming, is none the less a house opened and kept for the purpose of gaming.'"

The proprietor and committeemen of such a club are liable to conviction under the statute; but the players, though possibly liable to be indicted for unlawful gaming in a common gaming house, are not liable to summary conviction under the statute.

To constitute "unlawful gaming" it is not necessary that the games played shall be unlawful games; it is enough that the play is carried on in a "common gaming house." It makes no difference that the use of the house is limited to the subscribers or members of the club, and that it is not open to the public; it is not a public but a common gaming house that is prohibited. "Baccarat is a game of chance and unlawful under the statute. (Judgment of HAWKINS, J., June, 1884).

SMITH, J., in the same case, defined a common gaming house as a house kept or used for playing therein at any game of chance, or any mixed game of chance or skill, in which (1) a bank is kept by one or more of the players exclusively of the others, or (2) in which any game is played the chances of which are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed or against whom the other players stake, play, or bet. It is immaterial whether the bank is kept by the owner or occupier or keeper of the house, or by one of the players.

Cheating at play.-Any person who shall by any fraud or unlawful device, or ill practice in playing at or with cards, dice, tables, or other game, or in bearing a part in the stakes, wagers (a), or adventure, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or exercise, win from any other person to himself or any other or others any sum of money or valuable thing, shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to cheat or defraud such person of the same (8 & 9 Vict. c. 109, s. 17). See also BETTING ACTS,

ante.

(a) As to what is a wager, see cases collected at 40 J. P. 227.

Gaming on licensed premises.—If any licensed person suffersany gaming or any unlawful game to be carried on on his premises, or opens, keeps, or uses, or suffers his house to be opened, kept, or used in contravention of 16 & 17 Vict. c. 119 (Act for the Suppression of Betting Houses), he is liable to a penalty of 10l.

The statute 8 & 9 Vict. c. 109, allows alehouse keepers without a license, and beerhouse keepers and others with a license from justices, to keep a billiard table, bagatelle board, or instrument used in any game of the like kind, and repeals so much of 33 Hen. 8, c. 9, as prohibited any game of mere skill as bowls, tennis, and the like. But if those games or any other games as cards, dice, &c., be played for money or money's worth, or there be any betting on the game with the privity of the licensee, he will be guilty of an offence, as the section prohibits "any gaming" (Foot v. Baker, 11 J. P. 444).

Playing at dominoes is not gaming unless money or money's worth is staked (R. v. Ashton, 22 L. J. 1; Searle v. St. Martin's-in-the-Fields, 14 J. P. 276).

Playing at skittles for beer, although the beer is not drunk on the skittle ground, is gaming (Luff v. Leoper, 36 J. P. 54).

Playing a game of skill, in which each player contributed towards a prize to the winner, was held to be within this section (Bew v. Harston, 42 J. P. 808).

A licensee will be liable to conviction if he permit even his private friends to play at cards or other game for money or money's worth (Patten v. Rymer, 29 L. J. 189). It is not necessary to prove actual knowledge of the licensed person or his manager, but it is enough to show gross negligence or wilful ignorance. As to constructive knowledge or something from which the justices could infer the landlord wilfully shut his eyes to what was going on, see Bosley v. Davies, 45 L. J. 27; 39 J. P. 774; Redgate v. Haynes, 45 L. J. 65; 40 J. P. 70; Crabtree v. Hole, 43 J. P. 799.

Gaming in public place.-Under the Vagrant Act (5 Geo. 4, c. 83) every person playing or betting in any street, road, highway, or other open or public place (a), at or with any table or instrument of gaming at any game or pretended game of chance, is to be deemed a rogue and vagabond (section 4).

By 36 & 37 Vict. c. 38, s. 3 (Amendment of Act), every person playing or gaming in any street, road, highway, or other place to which the public have access at or with any instrument of gaming, or any coin, card, or token, may be apprehended and dealt with as a rogue and vagabond, or fined 40s. for a first offence, and 51. on second conviction.

Although this statute does not in words repeal the enactment contained in 5 Geo. 4, c. 83, on the subject of gaming, it in effect substitutes the above clause for it, and removes some of the difficulties experienced in carrying out the former Act, not only as to the place, but as to the means used in gaming. In Watson v. Martin, 28 J. P. 775, playing at pitch and toss with halfpence was held not to be playing by way of wagering and gaming with any instrument of gaming. Under the present law playing with any coin, card, token, &c., will be an offence not only in any open and public place," as to which questions frequently arose, but in any place to which the public are permitted to have access, as to which questions may still arise. See Ex parte Friestone, 25 L. J. 121. The offence can only be committed in a place to which the public have or are permitted to have access. "Stone's Justices' Manual."

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Roulette. By 18 Geo. 2, c. 84, any person keeping any house, room, or place for playing, or permitting, or suffering, any person whatsoever within any such house, room, or place, to play at roulette, or at any other game with cards or dice prohibited by law, is liable to a penalty of 501.

(a) A railway carriage in transit is a public place (Langrish v. Archer, L. R. 10 Q. B. D. 44; 52 L. J. 47 ; 47 L. T. 548 ; 47 J. P. 295).