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: 1710-1727, 1890-1916
[0,1,1,0,0,0,0,0,0,0,0,0,0,0,0,0,0,0,0,1,1,1,0,0,0,0,0,0,0,0]
EXTRACT, n., v. Also Sc. form extrack (Fif. 1894 D. S. Meldrum Margrédel ix.; Sh.10 1950); see P.L.D. §63.2. Sc. legal usages:
1. n. An official certified copy of a judgment of a court, or of any other publicly recorded document (Sc. 1946 A. D. Gibb Legal Terms 34); “an office copy” (Sc. 1825 J. Mitchell Scotsman's Library 529).Bnff. 1710 in J. F. S. Gordon Chrons. Keith (1880) 85:
The sd day Compeired Isobel S — and produced ane Extract from the Shirreff Court Book of Elgin bearing that Thomas U — was truly infamous.Sc. 1890 Bell Dict. Law Scot. 447–448:
The term extract, in the law of Scotland, signifies either the proper written evidence or warrant on which diligence or execution on a judicial decree may issue; or it signifies a copy, authenticated by the proper officer, of a deed, writing, or other entry, of which either the principal is in a public record, or a transcript, taken from the principal, has been preserved in a public record.Sc. 1916 J. A. Maclaren Ct. of Session Practice 1101:
A successful party is entitled . . . to one extract at the expense of the unsuccessful party.
2. v. To make an official and properly authenticated copy of a judgment of a court or of any publicly recorded document; to procure such an instrument (Sc. 1946 A. D. Gibb Legal Terms 34). Ppl.adj. extract.Sc. 1714 Forbes Decisions Pref. xiv.:
And when the Defender cannot quarrel any Thing done by the Lords, he has the Privilege to demand a Copy of any Sentence or Decreet before it is signed by the Clerk, (which we call Extracting) to compare the same with the Minutes and Warrants, that Things may be fairly done.Abd. 1727 in Process Powis v. Fraserfield (1805) 322:
Mr Keith desir'd to see the petition, as I suppose for my Lord Gray, but return'd it without any objection. It is now extracting, and shall be sent by next bearer.Sc. 1904 W. Mair Digest Church Laws 34:
“Extract” is frequently used as a form of, or at least equivalent to, “extracted” — e.g. extract minute, extract judgment; and this frequently gives the meaning more exactly than extract “of” minute or judgment would.
Hence extractor, n., a person appointed by the Crown who is authorised to prepare such extracts.Sc. 1890 Bell Dict. Law Scot. 448:
This duty [of extracting] is entrusted to one principal extractor, appointed by the Crown, who may not practise in the Court of Session, nor hold any other official situation; and one assistant extractor, nominated by the principal.
