Scottish National Dictionary (1700–)
Hide Quotations Hide Etymology
About this entry:
First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1702-1807, 1890
[1,1,1,1,1,1,1,1,1,1,1,0,0,0,0,0,0,0,0,1,0,0,0,0,0,0,0,0,0,0]
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.
