Sears v. . West

5 N.C. 291

• Court: Supreme Court of North Carolina
• Decided: July 5, 1809
• Status: Published

Opinion

By the Court.

The object of the act of 1798, ch. 19, was to suppress excessive gaming, and also to remove the temptations to “ idleness and dissipation,” as these contributed to the main vice. The act therefore forbids the use of “ gaming tables,” generally, with a proviso, that it should not extend to billiard tables until the first day of April, then ensuing. The act of 1804, ch. 31, tolerates the use of billiard tables, but imposes a tax upon that use. By that act, every man -«who “ erects and keeps” a billiard table, is made liable to the tax. The Legislature seems to have considered the use of the billiard table as conducive to idleness and dissipation, as well as a mean by which excessive gaming was promoted. We are therefore of opinion that judgment should be entered for the Defendant.