GAMING. A contract between two or more persons bywhich they agree to play by certain rules at cards, dice, or other contri vance, and that one shall be the loser• and the other the winner: When considered in'itself, and without regard to the end propose& by the players, there is nothing' in it contrary to natural equity, and the contract will be considered as a reciprocal gift, which the parties make of the thing played for, under certain conditions.
There are some games which depend altogether non skill, ethers which depend upon chance, and others which are of a mixed nature. Billiards is an example of the first; lottery, of the second.; and backgammon, of the last.
2. In general, at common law, all games are lawful, unless some fraud has been prac tised or such games are contrary to public policy. Each of the parties to the contract. must have a right to the money or thing played for. He must have given his full and free consent, and not have been entrapped fraud. There must be equality in the The play must be conducted fairly. But, even when all these rules lave been observed, the courts will not countenance gaming by giving too easy a remedy for-the recovery of money won at play. Bacon, Abr.
3. But when fraud has been practised, as in all other cases, the contract is void ; and in some cases, when the party has been guilty of cheating, by playing with false dice, cards,, and the like, he may be indicted at common law, and fined and imprisoned according to the heinousness of the offence. 1 Russell,, Crimes, 406.
4. Statutes have been passed in perhaps all the states forbidding gaming for money at certain games, and prohibiting' the reco very of money lost at such games. See Ba con, Abr ; Dane, Abr. Index ; Pothier, Traite du Jeu; Merlin, Repertoire, mot Jeu; Bar beyrac, Traits du Jeu, tome 1, p. 104, note 4; 1 P. A. Browne, Penn: Rep. 171 ; 1 Ov. Tenn. 3603 3 Pick. Mass. 446 ; 7 Cow. N. Y. 496; 1 Bibb, Ky. 614;. 1 Mo. 635 ; 1 Bail. So. C. 315; 6 Rand. Va. 694; 2 Blackf. Ind. 251; 3 id. 294; 2 Bishop, Crim. Law, 507.