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Scottish National Dictionary (1700–)

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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.

MEMORIAL, n. Sc. Law: 1. A statement of the particulars of a case, submitted by one or other of the parties to the Lord Ordinary in the Court of Session as one of the preliminaries to the hearing. Hence memorialist, one who submits a memorial.Sc. 1729 Session Papers, Lady Southesk (23 Jan.):
My Lady duly entered her Appeal, . . . the same has been argued before your Lordships, and in Pursuance of the Appointment of Court, this Memorial is humbly offer'd.Sc. 1752 Acts of Sederunt (1760) 462:
The Lords, having taken into consideration the bad practice of giving in long memorials before advising prepared states, They from this day forward discharge the giving in any such memorials, and that short cases . . . be made by each party, and put into the Lords boxes.Sc. 1757 Session Papers, Smith v. Earl of Cassilis (4 Jan.) 7:
The Memorialist's Plea receives additional Strength, when the other Circumstances above-recited are brought under View.Sc. 1763 Boswell London Jnl. (1950) 193:
This is a mere memorial. It might very well be given in as a representation to the Lords of Session.Sc. 1799 Edb. Weekly Jnl. (3 July) 215:
The Court of Justiciary declined judging in the matter, and remitted it for discussion to the Civil Court. It was heard before Lord Methven as Ordinary, who ordered memorials, and reported the cause to the Court.Sc. 1893 Stevenson Catriona xvii.:
We should embody the fact of his sequestration, and perhaps some heads of the testimony he was prepared to offer, in a memorial to the Crown.

2. The instructions and information given by a litigant to his counsel, a brief (Sc. 1798 Monthly Mag. (Sept.) 175).Sc. 1815 Scott Guy M. xxxvi.:
“Give me the memorial, and come to me on Monday at ten”, replied the learned counsel. “Na, sir, nae memorial”, answered Dandie; “for your honour said . . . that ye liked best to hear us hill-folk tell our ain tale by word o' mouth”.Sc. a.1822 in Kay's Portraits (1838) II. 278:
Dinna tell me that; it's no in your memorial — awa' wi' ye.Sc. 1915 J. A. Maclaren Bill Chamber Practice 52:
A Note of Suspension and Interdict is appropriate to prevent the circulation of a memorial to counsel by one of the Parties to a case depending before the Court.Sc. 1960 Parliament House Bk. A 58:
The Auditor shall not also allow any charges for preparation of presentation of a Memorial to Counsel in connection with the Case.