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Scottish National Dictionary (1700–)

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First published 1960 (SND Vol. V). Includes material from the 2005 supplement.
This entry has not been updated since then but may contain minor corrections and revisions.

ISH, n. Also †ische. Sc. Law. [ɪʃ]

1. Right or facility of exit or egress. Used gen. in phr. ish and entry (cf. Entry, n., 4.), of the right of an occupier of property to get access to it through the property of another.Ayr. 1702 Munim. Irvine (1891) 112:
Reserveing to the said James Nisbet tuo elnes breadth for ish and entrie betwixt the said meill mercatt house and the said William Burns now Master Andrew Taits gavill.Sc. 1751 Caled. Mercury (10 Jan.):
That Tenement lying on the North-side of the Canongate, . . . with free Ish and Entry by the Fore-stret and the Back-entry, and Liberty of Close and Court.Abd. 1793 Session Papers, Leslie v. Fraser (29 March 1805) 9:
Of taking white fish in the sea, with free ish and entry to the same from both sides of the said water.Sc. 1838 Bell Dict. Law Scot. 533:
The clause, cum libero exitu et introitu (“with free ish and entry”) imports a right to all ways and passages, in so far as they may be necessary to kirk and market, through the adjacent grounds of the granter. Every proprietor must afford to, and is entitled to claim from, his neighbour, free ish and entry.Sc. 1853 Jnl. Agric. 632:
The great advantage would be, the preservation of all the spawn, by giving it a proper temperature and perfect peace, with ish into the river whenever it might be desirable.wm.Sc. 1873 D. Landsborough Tours in Arran 66:
The dogs and cats found ische and entrance under the door.Sc. 1908 Private MS. per wm.Sc.¹:
No money should be paid for it as it had no access at that time thereto or in legal phrase ish and entry.

2. The conclusion of a period of time, esp. the (date of) expiry or termination of a lease (Sc. 1946 A. D. Gibb Legal Terms 46).Sc. 1701 Burgh Rec. Gsw. (1908) 319:
He is bound to mantaine and uphold the samen, with the kilne and houses, in a sufficient case dureing the tack and leave them so att the ish thereof.Inv. 1726 Inv. Session Rec. (Mitchell 1902) 267:
At such other time as he, his heirs, his or their Assignies shall Cede the possession of saids Lands and others foresaid, after the Ish of this Tack.Sc. 1763 Faculty Decis. (1772) III. 287:
A tack without an ish is an anomalous right.Peb. 1802 C. Findlater Agric. Peb. 290:
In Scotish law, it is considered as indispensable to the nature of a tack, that it shall have an ish, or term of expiry.Dmf. 1824 Scots Mag. (May) 535:
As they pay just ane elusory duty, and there's nae ish in their tacks, they're kent in law-buiks by the name o' “friendly tenants”.Sc. 1893–4 Session Cases (Lords) 75:
The term of Martinmas must be taken as the ish for the arable lands under crop in the year 1892.Sc. 1927 Gloag and Henderson Intro. Law Scot. 148:
In the case of lands let for agriculture or pasture, . . . notice, if the lease exceed two years, must be given not less than one or more than two years before the ish.Sc. 1997 The Hon. Lord Gill The Law of Agricultural Holdings in Scotland 173:
16.22 Handover dates and multiple dates of ish
In many cases the lease provides for the tenant's departure in stages. It is important in such cases to determine whether the lease is one with multiple dates of ish or with a single ish and related handover dates.
Leases with multiple dates of ish are those where, for example, the contract runs from Whitsunday to Whitsunday as to houses and grass and from Martinmas to Martinmas as to arable land. In such cases the lease terminates in separate stages and the notice to quit must specify the separate ishes. Sc. 1997 The Hon. Lord Gill The Law of Agricultural Holdings in Scotland 204:
17.38...If the lease had more than two years to run at the date of the acquisition of the right to the lease, the notice must specify as its effective date "the term of outgo stipulated in the lease". Since the notice must comply with section 21, it follows that it can be served at any date which is less than two years and more than one year before the contractual ish.