Scottish Court of Session Decisions

Subject_1 FOREIGN.
Subject_2 DIVISION VII.

Prescription, by the Law of which Country regulated.

Murray
v.
Cowan

Date: 19 January 1737
Case No. No 61.

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In a process for recovery of money lost at play, with the triple value, founded upon the British statute, 9th Queen Anne, the defence was, That the action being brought upon a penal statute, and for a penalty, was fallen by the lapse of a year, in terms of the English statute, 31mo Elizabeth, cap. 5, declaring that no action shall be sustained upon any penal statute made, or to be made, unless within one year of the offence. And it was pleaded, that as this is a sovereign law in England, it must regulate the said penal British statute, 9th Queen Anne, the same way as if the limitation were engrossed in the act. Answered, It is by no means the same; the action arising upon the British statute, is in its nature perpetual, because not limited by the act. The act of limitation, so far as its authority goes, will found a defence so as to take away the action, ope exceptionis only; but as the laws of England have no authority here, the said act of limitation cannot be founded upon to bar the action. The Lords repelled the defence. See Appendix.

Fol. Dic. v. 1. p. 322.