Reclaiming petition brought by William Bellinger challenging the interlocutor from the process of advocation and the judgment of the lower court finding for pursuer, Alexander Smith under the statute 9 of Queen Anne. The statute at cap. 14 sec. 2 states that "if any person shall, at any time or sitting, by playing at cards, dice or other games, lose in the whole, the value of 10 £, and shall pay or deliver the same, or any part thereof, the person losing, shall be at liberty, within three months, to sue for the money and goods lost, or any part thereof, from the winner, with costs, by action of debt founded on this act, in any of her Majesty's courts of record." The judgment orders payment to Smith by Bellinger of the sum lost by Mr. Smith to Mr. Bellinger in a dice game on December 24, 1789. Bellinger appeals on three points: 1. Does the act of 9th of Queen Anne apply to Scotland, as there are various Scottish statutes which conflict; 2. What does the statute mean by "one sitting," as the gambling happened over several hours; and 3. Was pursuer's oath in supplement properly admitted?

Locations

Repository & Extent