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Scottish National Dictionary (1700–)

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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.

PRESENCE, n. Also praisence (Abd. 1880 W. Robbie Glendornie iv.; Mry. 1927 E. B. Levack Old Lossiemouth 21), preesence (s.Sc. 1894 J. Cunningham Broomieburn 18). Sc. forms and usage in ‡Sc. Law phr. (hearing) in presence, the hearing before an enlarged Court of a case in which the Judges of the Inner House have been equally divided (Sc. 1946 A. D. Gibb Legal Terms 67). See quots. The phr. survives in its Latin form in the letters I.P.D. (In praesentia Dominorum) appended to the signature of the Judge signing interlocutors of the Inner House of the Court of Session. See Suppl. Excl. phr. my presence, a mild oath (Sh. 1966).Sc. 1722 W. Forbes Institute I. iv. 218:
What the Lords do here [in the Inner House] is said to be done in praesentia, in Presence, that is, in Presence of the whole Lords, or a Quorum of them.
Sc. 1736 Kames Decisions (1766) 15:
The Court beginning to demur upon the relevancy, the case was ordered to be pleaded in presence.
Sc. 1816 Scott Antiquary ix.:
The cause was to come on before the Fifteen — in presence, as they ca't.
Sc. 1838 W. Bell Dict. Law Scot. 462:
In the judicial procedure of the Court of Session, a hearing in presence is a formal hearing of counsel, before the whole thirteen Judges. This course is followed only in cases of great difficulty and importance.

[O.Sc. presens, of Court of Session, 1557.]

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"Presence n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 22 Nov 2024 <http://www.dsl.ac.uk/entry/snd/presence>

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