Scottish National Dictionary (1700–)
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First published 1941 (SND Vol. II). Includes material from the 1976 supplement.
This entry has not been updated since then but may contain minor corrections and revisions.
CIRCUMDUCE, v. In phr. to circumduce the term, a Sc. legal term: “to declare the term elapsed for leading a proof” (N.E.D.). Used fig. in second quot. [sərkʌm′djus]Sc. 1754 J. Erskine Princ. Law Scot. (1809) 477:
Where the party to whom a proof is granted brings none within the term allowed by the warrant, an interlocutor is pronounced, circumducing the term, and precluding him from bringing evidence thereafter.Sc. 1815 Scott Guy M. (1817) l.:
I have allowed you a competent space to express your feelings. I must circumduce the term — you must let me proceed in my examination.
Hence phr. circumduction of the term (see quot.).Sc. 1890 Bell Dict. Law Scot. 180:
Circumduction of the term is the sentence of a judge declaring the time elapsed for leading a proof; after which the party is precluded from adducing farther evidence. . . . (Under the modern form of procedure, the term circumduction is not applied to the closing of proof.)Rnf. 1721 W. Hector Judicial Rec. (1878) 121:
The Sherriff. . . . Therefore circumduce the term agst the said Defender, and fynes and amerceates him.
