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.
EJECTION, n. Sc. law:
1. Unlawful expulsion of a person from his heritage leading to an action of ejection for its recovery (Sc. 1946 A. D. Gibb Legal Terms 31). The Eng. legal equivalent is ejectment.Sc. 1754 Erskine Principles iv. i. 20:
Actions of spuilzie, ejection and intrusion, are penal.Ib. iv. iii. 15:
If one be decerned . . to quit the possession of lands, and refuses . . . letters of ejection may be raised . . . ordaining the Sheriff to eject him.Sc. 1928 Green's Encycl. VI. 124:
Where the decree is pronounced in the Court of Session it is still necessary to employ the old process of Letters of Ejection.
2. “The putting out of a tenant by the landlord on the termination of his lease or when an irritancy is incurred” (Sc. 1946 A. D. Gibb Legal Terms 31); an eviction.Sh. 1737 J. Mill Diary (S.H.S. 1889) 147:
The Presbytery . . . find that Mr Walter Hugens [the previous minister of the parish] had obtained a Decreet of ejection and removing against Robert Sinclair of Quendale, from the said lands . . . in the year 1722, upon which he had entered into the peaceable possession of the foreside lands.Sc. 1928 Green's Encycl. VI. 125:
In this sense ejection is frequently used as equivalent to the summary removing of a tenant.
