FUTURE

792

FUTURE

of goods "at any Future Date," is not valid for all time, but only for a reasonable time; and a County Court Judge having held that such an agreement made in Feb 1883 might be determined in Sept 1884, it was held his decision was final, the question being one of fact (Houghton v. Orgar, 1 Times Rep. 653).

"Future Debt or Liability"; V. LIABILITY.

Future Earnings; V. EARNINGS: INCOME.

"Future Election"; V. Oswald v. Berwick-upon-Tweed, 5 H. L. Ca. 856; 25 L. J. Q. B. 383; 4 W. R. 738.

The words "or other future Estate or Interest" (s. 3, 3 & 4 W. 4, c. 27), comprehend all executory devises (per Tindal, C. J., James v. Salter, 3 Bing. N. C. 554). Vf, Doe d. Johnson v. Liversedge, 13 L. J. Ex. 61; 11 M. & W. 517: Lewis v. Rees, 3 K. & J. 132: Astley v. Essex, L. R. 18 Eq. 290; 43 L. J. Ch. 817: Jumpsen v. Pitchers, 13 Sim. 327: Doe d. Corbyn v. Bramston, 3 A. & E. 63: INTEREST.

A covenant to settle all such "Future Fortune" as may be acquired or succeeded to, embraces property the title to which was in existence at the date of the covenant, but the enjoyment of which was not acquired till afterwards (Grafftey v. Humpage, 1 Bea. 46; 8 L. J. Ch. 98). Future Goods"; V. Goods.

"Past or Future Husband"; V. HUSBAND.

means that

Resolution of a Co altering "the future Qualification of a Director," does not affect existing Directors, whose "Qualification " which qualified at the time of their election (Hamilton's Case, 8 Ch. 548; 42 L. J. Ch. 465).

Future Tenancy"; Stat. Def., 44 & 45 V. c. 49, s. 57. V. TENANCY. "Certain Future Time"; V. CERTAIN TIME.

V. PRESENT.

GABBERT - GAIN

GABBERT.- Gabbert," is a Scotch word for LIGHTER; and is not a "SHIP, or Vessel," within s. 2, 26 G. 3, c. 86 (Hunter v. McGown, 1 Bligh, 573).

GABEL.—“Here note for the better understanding of ancient records, statutes, charters, &c, gabel, or gavell, gablum, gabellum, gabellettum, galbellettum, and gavillettum, doe signifie a rent, custome duty, or service, yeelded or done to the king or any other lord" (Co. Litt. 142 a). Vf, Termes de la Ley, Gable: Cowel: Elph. 582: GALE.

GAGE." Signifies a Pawn or PLEDGE" (Cowel, who shows the change of the word into " WAGE").

GAIN. - Business Companies, of more than 20 persons, for "the acquisition of Gain" must be registered (s. 4, Comp Act, 1862). 66 6 Gain,' means exactly Acquisition. Therefore the expression here is 'the acquisition of acquisition.' Gain is something obtained or acquired. It is not limited to pecuniary gain. In fact, we should have to put the word 'pecuniary' to show it. It is not gains,' but gain' in the singular. Commercial profits, no doubt, if acquired are gain; but I cannot find any word limiting it simply to a commercial profit. I take the word as referring to a Company which is formed to acquire something, as distinguished from a Company formed for spending something and in which the individual members are simply to give something away or to spend something, and not to gain anything" (per Jessel, M. R., Re Arthur Average Assn, 44 L. J. Ch. 572; 10 Ch. 546: Vf, Smith v. Anderson, 50 L. J. Ch. 39; 15 Ch. D. 247: Crowther v. Thorley, 50 L. T. 43: Re Siddall, 54 L. J. Ch. 682). A diminution of a loss, is a “Gain" within the meaning of the section (Re Padstow Assrce, 51 L. J. Ch. 344; 20 Ch. D. 137). V. JOINT STOCK COMPANY.

A person is not EMPLOYED "for the purposes of Gain," s. 47, Elementary Education Act, 1876, "merely because what he does enables some one else to earn money (per Darling, J., Mather v. Lawrence, 68 L. J. Q. B. 714; 1899, 1 Q. B. 1000; 80 L. T. 600; 47 W. R. 559; 63 J. P. 455); therefore, there is no such Employment if a father keeps his daughter at home for domestic purposes in order to enable his wife to go out to work (S. C.).

V. GAINS: BUSINESS: HIRE: INCOME.

GAIN

794

CAMBLER

"Arable Land (which anciently is called hyde and gaine)" (Co. Litt.

85 b).

"Beasts that gain his land"; V. BEASTS: Termes de la Ley, Gainage: Cowel, Gaynage.

GAINS." Although in the Income Tax Act, 1842 (Sch D and s. 100), 'profits' and 'gains' are really equivalent terms, yet the use of the word Gains' in addition to the word 'Profits' furnishes an additional argument for excluding the contention that you are to introduce into the word Profits' some ideas connected, not with the nature of the thing but, with the manner and rule of its application. What are the 'Gains' of a trade? If it could be reasonably contended that the word 'Profits' in these (Income Tax) Acts has reference to some advantage which the persons carrying on the concern are to derive from it, it might be said, perhaps, that the same argument might have been raised upon the word 'Gains,' but, to my mind, it is reasonably plain that the Gains' of a trade are that which is gained by the trading, for whatever purpose it is used whether it is gained for the benefit of a community or for the benefit of individuals. Whether the benefit is to be obtained by dividends, or whether it is to be obtained by lightening and diminishing public burdens, it is all the same" (per Selborne, C., Mersey Docks v. Lucas, 53 L. J. Q. B. 7; 8 App. Ca. 891; 49 L. T. 781; 32 W. R. 34; 48 J. P. 212).

V. INCOME: PROFITS.

GALE. - From GABEL comes

'Gale,' still used for the taking of a

mine in the West of England. To gale a mine, to acquire the right of working it; and gale is the common word in Ireland for a payment of rent, or for the rent due at a certain term; Wedgwood, Dict. Eng. Etym., Gabel" (Elph. 582). Vf, Wood on Dean Forest, 6, 94: s. 1, Dean Forest Act, 1861, 24 & 25 V. c. xl.

Quà Dean Forest (Mines) Act, 1871, 34 & 35 V. c. 85, "Galee,' or 'Galees,' shall respectively include all persons holding or having any interest in or under any Gale or Gales" (s. 2).

GALLON.—"The Unit or Standard Measure of Capacity from which all other Measures of Capacity (as well for Liquids as for Dry Goods) shall be derived, shall be the Gallon, containing 10 Imperial Standard Pounds weight of distilled water weighed in air against brass weights, with the water and the air at the temperature of 62° of Fahrenheit's thermometer, and with the barometer at 30 inches" (s. 15, 41 & 42 V. c. 49).

GAMBLER.

To write of a person that he is a "Gambler," without more, is not actionable (Forbes v. King, cited MAN FRIDAY). V. PROFESSED GAMBLER.

CAME

GAME: Animals. The word 'Game' is an indefinite word, and seems at various times to have had various meanings; to have at one time included one thing, at one time another; to have had at one time a wider, and at another time a narrower, signification" (per Erle, C. J., Jeffryes v. Evans, 34 L. J. C. P. 263; 19 C. B. N. S. 264).

Under Night Poaching Act, 1828, 9 G. 4, c. 69 (s. 13), and under the Game Act, 1831, 1 & 2 W. 4, c. 32 (s. 2), “Game " includes, Hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards"; a definition which, it will be observed, does not include Rabbits (Spicer v. Barnard, 28 L. J. M. C. 176; 1 E. & E. 874; 7 W. R. 467; 33 L. T. O. S. 121: Padwick v. King, 29 L. J. M. C. 42; 7 C. B. N. S. 88).

Under the Poaching Prevention Act, 1862, 25 & 26 V. c. 114, " Game" includes," Hares, pheasants, partridges, eggs of pheasants and partridges, woodcocks, snipes, Rabbits, grouse, black or moor game, and eggs of grouse black or moor game" (s. 1).

Quà, and by, subs. 5, s. 5, Land Law (Ir) Act, 1881, 44 & 45 V. c. 49, "Game,' means, Hares, Rabbits, pheasants, partridges, quails, landrails, grouse, woodcock, snipe, wild-duck, widgeon, and teal."

But, quà Game Trespass Act, 1864, 27 & 28 V. c. 67 (which extends to Ireland only), Rabbits are omitted, the def being, "Game,' includes, Hares, pheasants, partridges, grouse, heath or moor game, black game, woodcocks, snipes, quails, landrails, wild-ducks, widgeon, and teal" (s. 2).

Quà the Game Acts for Scotland, "Game," includes, "all the animals. enumerated in the Game Acts, or any of them" (40 & 41 V. c. 28, s. 3), which Acts are those enumerated in Sch 1, to that statute, and include the above mentioned Acts, 9 G. 4, c. 69; 1 & 2 W. 4, c. 32; and 25 & 26 V.

c. 114.

Rabbits are GROUND GAME. In Australia they are Vermin; V. The Vermin Destruction (Victoria) Act, 1890. V. VERMIN.

"

Game," in the Acts relating to the Sale of Game, means, generally, game killed in the United Kingdom (Pudney v. Eccles, 1893, 1 Q. B. 52; 62 L. J. M. C. 27; 67 L. T. 713; 41 W. R. 125; 57 J. P. 38).

"Bird of Game" in s. 4, Game Act, 1831, means English Bird of Game (Guyer v. The Queen, 58 L. J. M. C. 81; 23 Q. B. D. 100; 37 W. R. 586; 60 L. T. 824: Va, Robertson v. Johnson, cited TAKE); but extends. throughout the section to live birds (Loome v. Baily, 30 L. J. M. C. 31; 3 E. & E. 444). Cp, FowL.

V. ENTERING OR BEING: SEARCH: HUNTING.

Note. As to the property in Game and other animals feræ naturæ; V. Sutton v. Moody, 1 Raym. Ld. 250; 12 Mod. 144: Lonsdale v. Rigg, 26 L. J. Ex. 196; 1 H. & N. 923: Blades v. Higgs, 34 L. J. C. P. 286, and cases there cited: Bowlston v. Hardy, cited NUISANCE: 2 Bl. Com.

CAME

796

GAMING

GAME: Lawful.

A Foot-race is a "lawful game" (Batty v. Marriott, 17 L. J. C. P. 215; 5 C. B. 818). So are Billiards (Parsons v. Alexander, 24 L. J. Q. B. 277; 5 E. & B. 263), Dominoes, Chess, or Draughts (R. v. Ashton, 22 L. J. M. C. 1; 1 E. & B. 286). So Cards would seem, per se, not unlawful (Patten v. Rhymer, 29 L. J. M. C. 189: R. v. Davies, cited UNLAWFUL GAMING).

Vh, Jacob, Gaming: 6 Encyc. 45–47.

V. GAMING.

Subscriptions or contributions for any plate, prize, or sum of money, to be awarded to the winner" of any lawful game, sport, pastime, or exercise," are legal (V. proviso to s. 18, Gaming Act, 1845, 8 & 9 V. c. 109). But a match for so much a side is a wager and not within this proviso (Diggle v. Higgs, 2 Ex. D. 422: Trimble v. Hill, 5 App. Ca. 342, overruling Batty v. Marriott, sup: Vf, Shoolbred v. Roberts, 1899, 2 Q. B. 560; 68 L. J. Q. B. 998; 81 L. T. 522).

V. SUBSCRIPTION: GAMING CONTRACT.

GAME, Sport, Pastime, or Exercise. — Gambling by tossing with coins, if not a game," is a "pastime or exercise" within s. 17, Gaming Act, 1845 (R. v. O'Connor, 15 Cox C. C. 3; and as to what is a "Game " within the section, V. R. v. Hudson, 29 L. J. M. C. 145; Bell C. C. 263).

GAME CERTIFICATE.- Quà Game Act, 1831, Hares Act, 1848 (11 & 12 V. c. 29), and Hares (Scot) Act, 1848 (11 & 12 V. c. 30), "Game Certificate " "shall be construed to mean, a License to Kill Game' under the provisions of" the Game Licenses Act, 1860, 23 & 24 V. c. 90 (s. 6, last mentioned Act).

GAME LAWS. Shooting Game without a License is an offence against the Revenue Laws, and is not an offence against the "Game Laws," within a Condition for Re-entry in a Lease (per Kelly, C. B., Stevens v. Copp, L. R. 4 Ex. 20; 38 L. J. Ex. 31; 17 W. R. 166; 19 L. T. 454).

GAME OF CHANCE.. - Is a Dog Race, or any other Race, a "Game of Chance" within s. 3, 31 & 32 V. C. 52 ? V. Hirst v. Molesbury, cited INSTRUMENT OF GAMING. Vf, BET. Cp, GAMING.

GAMING. "To game," is to play at any game, whether of skill or chance, for money or money's worth; and the act is not less gaming because the game played is not in itself unlawful (R. v. Ashton, 22 L. J. M. C. 1; 1 E. & B. 286: Patten v. Rhymer, 29 L. J. M. C. 189: Parsons v. Alexander, 24 L. J. Q. B. 277; 5 E. & B. 263: Bew v. Harston, 47 L. J. M. C. 121; 3 Q. B. D. 454; 26 W. R. 915; 42 J. P. 808: Dyson v. Mason, 58 L. J. M. C. 55; 22 Q. B. D. 351; 60 L. T. 265; 53 J. P. 261; 5 Times Rep. 230). In view of the serious doubts ex