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.
NOMINATE, v. Also nominat(t). As in Eng. Pa.t. nominat (Abd. 1715 Burgh Rec. Abd. (B.R.S.) 354); pa.p. nominat(e) (Lnk. 1717 Minutes J.P.s (S.H.S.) 176).
Sc. Law usage in ppl.adj. 1. of an executor or tutor, following these nouns: named and appointed in the will of the testator or parent (Sc. 1946 A. D. Gibb Legal Terms 33, 91); 2. of a legal right, crime, etc.; which fails within one of the well-known and named classes (see quot.).1. Sc. 1773 Erskine Institute i. vii. § 2:
With us tutors are either testamentary, otherwise called nominate, or of law, or dative; which division is analogous to the tutores testamentarii, legitimi, and dativi, of the Romans.Sc. 1838 W. Bell Dict. Law. Scot. 395, 1016:
The office of executor is conferred either by the written nomination of the defunct, or, failing that, by decree of the Commissary; the executor, in the former case, being called an executor-nominate, and, in the latter, an executor-dative. . . . A tutor-nominate or testamentary, is he whom the father, who alone has the power of naming a tutor, has nominated, either in a testament, or in some other writing.2. Sc. 1838 W. Bell Dict. Law Scot. 224, 675:
The nominate contracts in Scotch, as in the Roman law, are loan, commodate, deposit, pledge, sale, permutation, location, society and mandate. . . . A nominate right is a right possessing a nomen juris, the use of which defines its boundaries, and settles the consequences to all concerned. Those rights generally receive a nomen juris, which are frequently the subjects of contract and of legal discussion; while other rights of infrequent occurrence remain innominate, and must be determined by the application of the law to the circumstances in the particular case.
