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.
Quotation dates: 1705-1740, 1818
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INFER, v. Also inferr. Sc. usage in †law phrs. to infer the pains of law, the punishment of . . ., etc., to involve, lead to (a certain penalty) as a consequence, used in the declaration of a court in cases where the relevancy of a criminal charge is contested.Sc. 1705 J. Maclaurin Crim. Cases (1774) 20:
The court found the libel relevant to infer an arbitrary punishment.Sc. c.1740 D. Hume Trial for Crimes (1800) II. 68:
The style of the judgment reformed into what it now is; viz. a general finding or declaration that the libel, as laid, is relevant to infer the pains of law. The meaning whereof is only this, that it contains a regular and consistent charge of a known crime, such as may go to an assize, and justify a sentence, in case the pannel shall be convicted.Sc. 1818 Scott H. Midlothian xxii.:
The Judges, after a few words, recorded their judgment, which bore, that the indictment, if proved, was relevant to infer the pains of law.