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.
INTRINSIC, adj. Also †-ick. Sc. Law. Of circumstances sworn in evidence: “so intimately connected with the point at issue that they make part of the evidence afforded by the oath, and cannot be separated from it” (Sc. 1838 W. Bell Dict. Law Scot. 528).Sc. 1702 Morison Decisions 9424:
It was agitated among the Lords, whether the quality adjected to the oath, that what he got was in payment of a debt owing to him, was intrinsic, or if he behoved to condescend on the particular debt owing to him, and prove it.Sc. 1896 W. K. Morton Manual 475:
Whatever qualification “makes a part of the allegation which is referred to oath,” that is, whatever is part of and inseparable from any admission [a defender] may make, is intrinsic, and must be given effect to.Sc. 1927 Gloag and Henderson Intro. Sc. Law 136:
An admission on a reference to oath must be taken with all intrinsic qualifications, such as an explanation that the debt was paid. But if the deponent admits that a debt exists, and only disputes liability on some extrinsic ground, such as that the amount is overcharged, . . . it lies on the defender to prove his objections by the appropriate evidence.
