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Bouvier's Law Dictionary, Revised 6th Edition (1856)

GAMING. A contract between two or more persons by which they agree to play
by certain rules at cards, dice, or other contrivance, and that one shall be
the loser, and the other the winner. When considered in itself, and without
regard to the end proposed by the player's, 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.
2. There are some games which depend altogether upon skill, others,
upon chance, and some others are of a mixed nature. Billiards is an example
of the first; lottery of the second; and backgammon of the last.
3. In general, at common law all games are lawful, unless some fraud
has been practiced, or such games are contrary to public policy. Each of the
parties to the contract must, 1. Have a right to the money or thing played
for. 2. He must have given his full and free consent, and not been entrapped
by fraud. 3. There must be equality in the play. 4. The play must be
conducted fairly. But even when all these rules have been observed, the
courts will not countenance gaming by giving too easy a remedy for the
recovery of money won at play. Bac. Ab. h. t. A.
4. But when fraud has been practiced, 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 Russ. on Cr, 406.
5. Statutes have been passed in perhaps all the states forbidding
gaining for money, at certain games, and prohibiting the recovery of money
lost at such games. Vide Bac. Ab. h. t.; Dane's Ab. Index, h. t.; Poth.
Traite du Jeu; Merlin, Repertoire, mot Jeu; Barbeyrac, Traite du Jeu, tome
1, p. 104, note 4; 1 P. A. Browne's Rep. 171: 1 Overt. R. 360; 3 Pick. 446;
7 Cowen, 496; 1 Bibb, 614; 1 Miss. 635; Mart. & Yerg. 262; 1 Bailey, 315; 6
Rand. 694; 8 Cowen, 139; 2 Blackf. 251; 3 Blackf. 294; and Stakeholder;
Wagers.

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