Scottish National Dictionary (1700–)
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First published 1960 (SND Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.
†IN LITEM, n.phr. Sc. Law: used of an oath sworn by the pursuer in an action regarding the amount of loss suffered by him at the hands of the defender. [′ɪn ′ləitəm]Sc. 1707 Morison Decisions 9239:
He claimed a certain sum from the defender as the value of the breeches, and what was in them; and that his oath in litem might be taken thereupon.Sc. 1754 Erskine Principles iv. ii. § 10:
An oath in litem, as it is the affirmation of a party in his own behalf, is only allowed where there is proof that the other party has been engaged in some illegal act, e.g. in a spulzie, or in an unwarrantable intermeddling with the pursuer's goods.Sc. 1838 Bell Dict. Law Scot. 379:
The oath in litem is conclusive as to the quantities lost; but, in so far as regards the price or value put on the articles, it is subject to modification by the court.Sc. 1946 A. D. Gibb Legal Terms 43:
The oath in litem was that of the pursuer, swearing to value, in an action of delict based on the loss or destruction of goods. It constituted proof without corroboration.
