Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 PACTUM ILLICITUM.

M'Master
v.
Forsyth

Date: 2 March 1775

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M'Master commissioned from George Muir, merchant in the Isle of Man, a puncheon of rum and two casks of brandy. William Forsyth, having a vessel employed constantly in transporting goods betwixt the Isle of Man and Scotland, was employed to bring over the spirits, which were duly delivered to him ; but he, instead of twelve and a half ankers of rum, and two casks of brandy, delivered only eight ankers of rum, and none of brandy. For the deficiency, M'Master brought an action before the Sheriff of Galloway. The Sheriff decerned ; but Lord Elliock, Ordinary, 25th January 1774, suspended the letters simpliciter. And the Lords, 2d March 1775, adhered, and gave expenses. They considered the contract as a pactum illicitum, as a smuggling contract, not only defrauding the revenue, but counteracting a positive statute, Geo. I, c. 28, § 22, prohibiting such species of goods to be imported from Man into Britain; and that it was impossible that the same law which prohibited importation, could sustain action for breaking bargain concerning it.