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: 1815-1838, 1890-1930
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EXCEPTION, n. Sc. law: a defence (Sc. 1946 A. D. Gibb Legal Terms 33).Sc. 1815 Act 55 Geo. III. c. 42 § 7:
The Division . . . shall thereupon order the said Exception to be heard in presence on or before the Fourth Sederunt Day thereafter.Sc. 1890 Bell Dict. Law Scot. 423:
A defender . . . either denies that the pursuer has right and title in law to pursue, or . . . propounds something that either removes it wholly, or diminishes the claim; and this . . . is an exception.
Phr.: bill of exceptions, “the mode of procedure by which legal objection to the verdict of a jury is brought under review by the Inner House of the Court of Session” (Sc. 1946 A. D. Gibb Legal Terms 33). Obs. in Eng. since 1875.Sc. 1838 Bell Dict. Law Scot. 387:
By 7 Will. IV c. 14, in all cases in which any bill of exceptions is brought before the Court of Session . . . it shall not be competent to the Court of Session . . . in pronouncing judgment on such bill of exceptions, to make any order . . . unless the said court . . . are of opinion that the exception is to be allowed.Sc. 1930 Green's Encycl. VIII. 554:
Where a party intends to insist on the exceptions taken by him at the trial, he must lodge a bill of exceptions within six days after the commencement of the next session.
