18 Me. 337 | Me. | 1841
The opinion of the Court was by
The question, upon which this cause must necessarily turn is, whether horse racing is a game, within the stat.
Under the stat. of 9 Anne, c. 14, although horse racing is not mentioned, it has been held to be embraced in the act, under the general words, other game or games. Bluxton v. Pye, 2 Wilson, 309. So a foot race has been adjudged to be a game within the same statute. Brown v. Berkeley, Cowper, 281. In Segel v. Jebb, 3 Stark. R. 1, Abbott C. J. was of opinion, that the statute applied to all games, whether of skill or chance, and that it was the playing for money, which made them unlawful. The statute with respect to the party losing, is remedial not penal. Bines v. Booth, 2 Wm. Bl. 1226. Horse racing is within all the mischiefs, which render gaming unlawful.
Exceptions sustained.
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