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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murray v Cowan. [1737] 1 Elchies 311 (9 January 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010311-009.html Cite as: [1737] 1 Elchies 311 |
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[1737] 1 Elchies 311
Subject_1 PACTUM ILLICITUM.
Murray
v.
Cowan
1737 ,Jan 9 ,19 .
Case No.No. 9.
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A case was reported by Lord Minto of a suit at the informer's instance upon the act against gaming 9no Annæ for triple value. A defence was proponed upon the statute of limitations in Queen Elizabeth's time, which respects future as well as bygone penal statutes. Answered, That the statute of limitations did not reach Scotland thought it regulated the act 9no Annæ in England. The Lords repelled the defence. Dun, Monzie, Murkle, et ego, did not vote. 10th December 1736.
The question between these parties marked 10th December last was it seems only upon a report for advice, and this day I am told, (for I was in the Outer-House) the Lords on bill and answers adhered to the Ordinary's interlocutor. Royston was for finding that the statute of limitations did not extend to the gaming act, but they say the interlocutor is general adhering.
The electronic version of the text was provided by the Scottish Council of Law Reporting