Scottish National Dictionary (1700–)
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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
LOCUS, n.1 A place, site or position, freq. in Sc. Law, “beloved of the police and certain lawyers in referring to the spot where an event of importance for the matter in hand has taken place” (Sc. 1946 A. D. Gibb Legal Terms 52). Phrs.: 1. locus delicti [də ′lɪktɑe], the scene of a crime or offence, which determines the jurisdiction within which criminals may be tried (Sc. 1829 P. Halkerston Tech. Terms 19); 2. locus poenitentiae [pinɪ ′tɛnʃie], lit. “room for repentance”, the opportunity given to one to withdraw from an agreement before he has confirmed it in law (Sc. 1838 W. Bell Dict. Law Scot. 607).Sc. 1889 Session Cases (1888–9) 1128:
The Sheriff-substitute accompanied by the agents of the parties, examined the locus of the events.Sc. 1937 St Andrews Cit. (24 April) 3:
He proceeded to the locus of the accident.1. Sc. 1773 Erskine Institute i. ii. § 23:
Where a foreigner, after having committed a crime in this kingdom, retires to his native country, our judges cannot, on pretence that the locus delicti is a competent forum in the trial of crimes, proceed against the criminal.2. Sc. 1709 Morison Decisions 8432:
The minute of agreement charged on being signed by both parties … was a complete minute and bargain, and there was no locus poenitentiae.Sc. 1754 Erskine Principles iii. ii. § 2:
Till writing is adhibited, law gives both parties a right to resile, as from an unfinished bargain [concerning heritage]; which is called locus poenitentiae.Sc. 1927 Gloag and Henderson Intro. 40:
The right to withdraw from negotiations for a contract is in Scotland termed locus poenitentiae.
