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.
Quotation dates: 1754, 1825, 1890-1927
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DISCUSS, v. Sc. law: “to proceed against one of two possible debtors, such as a principal debtor and a cautioner, as a preliminary to going against the other” (Sc. 1946 A. D. Gibb Legal Terms 29).
Hence discussion.Sc. 1754 J. Erskine Princ. Law Scot. iii. iii. 22:
The cautioner, tho' he is but an accessory, may be pursued for the whole, without either discussing, or even citing the principal debtor.Sc. 1754 J. Erskine Princ. Law Scot. iii. iii. 22:
The [cautioner] has, both by the Roman law and ours, the beneficium ordinis or of discussion, by which the creditor is obliged to discuss the proper debtor, before he can insist for payment against the cautioner.Sc. 1825 Faculty Decis. 877:
There was no room for the benefit of discussion.Sc. 1890 Bell Dict. Law Scot. 330:
The creditor shall be bound to discuss and do diligence against the principal debtor before proceeding against him [the cautioner].Sc. 1927 W. Green Encycl. Law Scot. III. 164:
The privilege of discussion has been to a great extent taken away by s. 6 of the Mercantile Law Amendment Act, 1856.Sc. 1927 W. Green Encycl. Law Scot. III. 164:
Where a special heir is burdened with a debt, the creditor must discuss that heir before he can insist against the heir-at-law.
