game

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Game

Wild birds and beasts. The word includes all game birds and game animals.

The state, in its sovereign power, owns game for the benefit of the general public. The only manner in which a private individual can acquire ownership in game is by possessing it lawfully such as by hunting and killing it under a license.

Generally, every individual has the right to hunt and take game in any public place where his or her presence is lawful, so long as the person neither violates statutory regulations nor injures or infringes upon the rights of others. A hunter does not acquire an absolute right to a wild animal by mere pursuit alone, and the individual forfeits any potential ownership by abandoning the chase prior to capture. The exclusive right to hunt or take game on privately owned property vests in the owner or his or her grantees. This property right of the owner is limited by the right of the state to regulate and preserve the game for public use. A suit for Trespass may be brought against one who interferes with another's right to hunt.

A statute that proscribes the hunting of game without a license, and that requires the payment of a fee for such license, constitutes a proper exercise of the Police Power of the state.

Game laws govern the killing or taking of birds and beasts. Game wardens ordinarily can arrest violators, seize illegally taken game, bring actions for trespass, or institute prosecutions for violations of the game laws.

Under a number of game laws, it is a penal offense to kill or take certain types of game in certain seasons of the year or without a license. A hunter is required to exhibit a license when properly called on to do so, and it constitutes a legal violation if the person cannot do so.

In a situation where an individual has lawfully obtained possession of game—enclosing and caring for them as domestic animals—the person can kill one or more of them if necessary for care and management or for humane purposes. In addition, an individual might be justified in killing game in violation of the law if it were necessary for the protection of persons or property. It sometimes constitutes an offense to export game beyond the limits of the nation or state in which it was killed or captured, to ship it for sale in a certain manner, or to absent certain information upon the package.

The United States has entered into treaties with other countries, including Great Britain and Mexico, for the protection and preservation of migratory birds and game animals. It constitutes an offense to violate statutes that were enacted to implement such treaties. For example, a regulatory statute might limit the number of birds that can be killed by any individual each day, and it would be an offense to exceed such limit.

The federal government, subject to the consent of the state, can establish a game refuge for the protection of game and migratory birds and proscribe all hunting in the vicinity. The U.S. Fish and Wildlife Service is administered by the Interior Department, to conserve and preserve fish and game in wildlife refuges and game ranges.

Cross-references

Endangered Species Act; Fish and Fishing.

See: bet, competition, contest, ridicule

game

see POACHING.

GAME. Birds and beasts of a wild-nature, obtained by fowling and hunting. Bac. Ab. h. t.; Animals; Ferae natural.

References in classic literature ?
The end and the means, the gamester and the game, --life is made up of the intermixture and reaction of these two amicable powers, whose marriage appears beforehand monstrous, as each denies and tends to abolish the other.
This is a capital show of gamesters, considering the amount of the prize; so, while they are picking their sticks and drawing their lots, I think I must tell you, as shortly as I can, how the noble old game of back- sword is played; for it is sadly gone out of late, even in the Vale, and maybe you have never seen it.
In the first case they are allowed a minute's time; and go on again; in the latter another pair of gamesters are called on.
Some half-dozen of his brothers and kinsmen had gone to the wars, of whom only one had survived to come home, with a small pension, and three bullets in different parts of his body; he had shared Benjy's cottage till his death, and had left him his old dragoon's sword and pistol, which hung over the mantelpiece, flanked by a pair of heavy single-sticks with which Benjy himself had won renown long ago as an old gamester, against the picked men of Wiltshire and Somersetshire, in many a good bout at the revels and pastimes of the country-side.
And now, while they are climbing the pole in another part of the field, and muzzling in a flour-tub in another, the old farmer whose house, as has been said, overlooks the field, and who is master of the revels, gets up the steps on to the stage, and announces to all whom it may concern that a half-sovereign in money will be forthcoming to the old gamester who breaks most heads; to which the Squire and he have added a new hat.
He tries them one after another, and very nearly gets at Willum's head by coming in near, and playing over his guard at the half-stick; but somehow Willum blunders through, catching the stick on his shoulders, neck, sides, every now and then, anywhere but on his head, and his returns are heavy and straight, and he is the youngest gamester and a favourite in the parish, and his gallant stand brings down shouts and cheers, and the knowing ones think he'll win if he keeps steady; and Tom, on the groom's shoulder, holds his hands together, and can hardly breathe for excitement.
His next bout ends in an easy victory, while the shepherd has a tough job to break his second head; and when Joe and the shepherd meet, and the whole circle expect and hope to see him get a broken crown, the shepherd slips in the first round and falls against the rails, hurting himself so that the old farmer will not let him go on, much as he wishes to try; and that impostor Joe (for he is certainly not the best man) struts and swaggers about the stage the conquering gamester, though he hasn't had five minutes' really trying play.
You are going to seek a lodging in the Rue Thibautodé, are you not, monsieur le recteur, gamester on the side of the devil?
She knew that she was a past mistress in the arts which fascinate his sex, she understood the quiet speeches, the moods, every trick of the gamester in emotions, from the fluttering of eyelids to the unchaining of the passions.
profanes his noble enthusiasm for science by yielding his soul to the all-debasing passion of the gamester.
     That is a gamester too.
The reader will pardon a digression in which so invaluable a secret is communicated, since every gamester will agree how necessary it is to know exactly the play of another, in order to countermine him.