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.
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.
