Page:Black's Law Dictionary (Second Edition).djvu/542

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GAMBLE

the idea of unlawful play that our language nflords. It is inclusive of hazarding and betting as weil as playing. Bennett v. State. 2 Yerg. (Tenn.) 474.

—Gs.inh1ar. One wbo follows or practices games of chance or skill, with the expectation and purpose of thereby winning money or other properu Buckley v. O’\'iel. 113 Mass. 193: 18 Am. Rep. 4Gli.—Gamblin.g. See GAMING. —-Ganihling device. A machine or contriv- unce of an kind for th playing of an unlaw- ful game o chance r ha" rd. in re Lee Tong 39 c.) 18 F d -

l

e . 3a S II: v. Hardin, 1 I\'an. Gambling policy. In life insurance. One issued to a person, as beneficiary, who has no pecnni-n'_\ interest in the life insured Ot erwi.-:e called a “wager policy." Gamhs V. Covenant Mnt. L. lns. 00.. 50 Mo. 47.

GAME. 1. Birds and beasts of a wild nature. obtained by fowling and hunting. lint-on. Abr. See Coolidge v. Chnute. 11 Meta. (\Iass.) T9. The term is said to include (in En;;i.inLl) hares, pheasants. pni'triilges.;;rouse. iieath or moor game, blatk game, and bustards. Brown. See 1 & 2 Wm. 1V. c. 32.

--Game-keeper. One who has the care of keeping and preserving the game on an estate, bring: nppvintcd thereto by :1 lord of a manor. —Game-laws. Laws passed for the preservation of game They usnally forbid the killing of specilierl game during certain seasons or by certain described menus. As to English game- lxiixs’. see 2 Steph. Comm. S2; 1 & 2 “m. IV. L‘. D...

2. A sport or pastime. played with cards, (lice, or other appliances or contrivances. See GAMING.

—-Game of chance. One In which the result, ‘IS to success or failure. depends less upon ibe skill and experience of the player than upon purcli fortuitous or act-identai circumstances, incidental to the game or the manm-r of playing it or the device or apparatus with wlnch it is played, but not under the controi at‘ the player. A game of skill. on the other hand, al- though the element of chance necessarily cannot be entirely eliminated. is one in which success depends principally upon the superior know edge. attention, experience, and skill of the play- er. nhcreby the elements of luck or chance in the game are mcrcnxnc, improicd_ or tnrm-:d to his adi-anta_L'o People v. Lavin. 1'79 N. Y. 164, " til‘: L. R.

Tl N. E. i A. 601: Ste1rnr‘s V. State. 21 'le (392; Harlcss v. U. S.. Morris (Iowa) 17

_, Wortham v. State. 59 \Iiss. 18.; State v. Gnptori, 30 N. C. 271.

GAMING. The act or practice of playing glnles for stakes or wagers; gambling: the playing at any game of hazard. An agreement between two or more persons to play together at a game or chance for :1 stake or pager which is to become the property of Ilie “inner, and to which nil contribute. In re Sleuart (D. C.) 21 Fed. 398; People V, Todd, 51 Him. 446, 4 N. Y. Supp. 25: State V. Sliaiv, 39 Minn. 1573. 39 N. W'. 30 : State V. .\Ioi-gan. 13.‘! N. C. 743. 45 S. 11 1033.

Gaming is an agreement between two or more to risk money on a contest or chance of any kind, where one must be loser and the other gainer. Bell v. State, 5 Snead (Tenn.) 0 I.

In general, the words "gaming" and "sambling," in statutes, are similar in meaning, and

534

GAOL

either one comprehends the idea that, by a hat. by chance, by some exercise of skill, or by the transpiring of some event unknown until it occurs, something of Value is, as the conclusion of

premises agreed. to be transferred from a luv’!

to a winner, without which lntter element there isr no gaming or gambling. Bish. St. Crimes, I

“Gaining” implies, when used as describiiu A condition, an element of illegality-p and. V on people are said to be “ganiing." this generally supposes that the "games" have been gaoim ll: which money comes to the Victor or his bat’ ‘ 1!. ‘When the terms “-game" or “gaining" an out in statutes, it IS nlmost alnnys in connectig with words gi\in;.- them the Litter sense and in such case it is only by averring and proving the difierentio that the prosecution can be sustain ed. But when “g11rning" is spoken of in a stutute s indictable, it is to be regarded as con- gcli le nith “gnmbli.ng." 2 Whart Crim. Law.

'(.inmin;.."' is properly the art or engagement of the players. 1[ by-standeis or other ' d persons put up a stake or V\fl,‘:'Cl‘ among I selves, to go to one or the other according w the result of the game, this is more com-crly termed "betting."

—Gaming contracts. See WAGER —Gsming-houses. In criminal law. Houses In wliich gambling is carried on as the biminess at the occupants, and nhich are frcqucuterl by persons for that purpose. They are nuisances, in the eyes of the law, hoin,-__v detrimental to the public, as they promote chenti g and ntlivr cor-

' uss. Crimes. 299'. Rose Crim. EV. 663; People v. Jackson. 3 Denio (N Y.) 101. -15 Am. Dec. 4-19; Anderson v. _StIite (Tex. App.) 12 S. W. 869; People v. Weithitf, Z-l Mich. E03. 10 N. \\. 4-13.. 47 Am B» . lvl-érgan v. State, 42 Tex. (Jr. R. 422, G0 76 .

GANANCIAL PROPERTY. In Spanish law. A species of (-onirnunity in property eu- joyed by husband nncl wife, the property being divisible lietwcen them equally on a dissolution ot’ the m~.irrl:i::e. 1'Bnrge, Cami. Law, 418. see Cill'l“‘l'iL{llt v. (‘artwrlght 18

Tex. H34; Cutter v. Waildlngham, 22 Mo. 254. GANANCIAS. In Spanish law. G-inns

or profits resulting from the eniplonuent --1 property held by husband and wife in com- mon. Wliitc. New Recap. b. 1, tit. 7. c. 5.

G A N G - W E E K. The time when the houiiils of the parish are lustratcd or gone over by the parish officeis,—i'o:.-.ition ii-vw Elna. Lond.

GANGIATORI, officers in ancient times whose business it was to examine weights and measures. Skene.

GANTELOPE, (pronounced “gnnntlett") A mi.li't.ir_v punishment, in which the criminal runnim: between the ranks receives a lash from each man. Enc. Lend. This was called "running the ganntlett."

GAOI... A prison for temporary confinement; a jail; a place for the confinement of offenders against the law.

There is said to be a distinction between "gnoi" and “prison ;" the former being a place

for temporary or provisional confinement, or for