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.
Quotation dates: 1773, 1838
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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.
