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Scottish National Dictionary (1700–)

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First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.

DECERN, v. Sc. law: to pronounce judgment in an action; to decree (Sc. 1799 H. Mitchell Scotticisms 32; 1946 A. D. Gibb Legal Terms); to order by a judicial decision. With in: to mulct in by decree of court.Sc. 1745 Rec. Conv. Burghs (1915) 193:
And wee decern both the saids partys to observe and implement these presents.
Sc. 1807 in Stat. Acc.2 I. 577, Note:
The Lords . . . decern and declare in terms of the other declaratory conclusions of the pursuer's libel, and remit to the Lord Ordinary.
Sc. 1890 Bell Dict. Law Scot. 287:
Before the judgment or interlocutor of any court in Scotland can be extracted, to the effect of warranting execution, it must import a decree. Hence, all extractable judgments close with the word “decern.”
Lnk. 1722 J.P.s Lnk. (S.H.S. 1931) 210:
After a tedious and expensive lawsuit I was decerned to throw down that gathering of stones and to replace the other stones.
Dmf. 1702 F. Millar in Trans. Dmf. and Gall. Antiq. Soc. (1891) 111:
Herbert Wilkin . . . was decerned in ten pounds Scots for an battery committed upon the said Jean Gass.

Hence decerniture, a decree of a Scots court of law.Sc. 1762 Nairne Peerage Evidence (1873) 96:
And haill obligements clauses and decernitures therein.

[O.Sc. has decern, to decide, determine; to decree by a judgment or verdict; to make or give a decision, from c.1420; decernitour, -iture, a decree or sentence of a court, from 1638. The formation of decerniture is irreg. and on analogy with such words as Absolvitor, Declarator, etc. Ultimately from Lat. decernere, through O.Fr. decerner, to decree, order, judge.]

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"Decern v.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 23 Dec 2024 <http://www.dsl.ac.uk/entry/snd/decern>

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