Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. XI.

Sponsiones ludicræ. - Game Debt. - Premium for procuring a Wife. - Private Lotteries.

Fraser
v.
Sprott

Date: 7 July 1796
Case No. No 68.

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Fraser, a jeweller and hardware merchant, having advertised a scheme of a lottery, for disposing of his goods, the Procurator-fiscal of the City of Edinburgh applied to the Magistrates for an interdict against him, upon the ground of such lotteries being declared nuisances by law, particularly by 27th George III. cap. 1. § 2. Urged in defence, That the remedy prescribed by the statute was confined to the Courts of Westminster Hall, and that we have no common law against making sales in this manner. The Magistrates granted the interdict. On a bill of advocation being reported to the Court, the Lords remitted to the Ordinary to pass the bill, to the effect of trying the question; and, in the mean time, continued the interdict.—See Appendix.

Fol. Dic. v. 4. p. 34.