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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.

ONEROUS, adj. Sc. Law: given, created or arising from a consideration of value received, in money, services or the like (Sc. 1782 J. Sinclair Ob. Sc. Dial. 213, 1946 A. D. Gibb Legal Terms 60), opposed to Gratuitous.Sc. 1722 T. Craig-Brown Hist. Slk. (1886) II. 23:
He created the clerk and his successors Knights, . . . the onerous cause in the patent being for the good service done by Wm. Bryden, clerk of our burgh of Selkirk.
Sc. 1737 J. Drummond Memoirs Locheill (1842) 24:
The onerous cause or reason inductive of the grant was for the foresaid Allan his faithfull defending and keeping of the said Castle.
Sc. 1764 Caled. Mercury (3 March):
There was no intention to exclude the children of single onerous burgesses, but the children of mere honorary and gratuitous burgesses only.
Sc. 1787 J. Beattie Scoticisms 63:
An onerous contract, as buying and selling, barter, etc., is for the advantage of both the contracting parties. . . . An indorsee, who has paid the value of the bill indorsed to him, is called an onerous indorsee.
Sc. 1838 W. Bell Dict. Law Scot. 218:
Consideration; is the name given to the cause or reason of granting a deed, or of entering into a contract. The consideration may be either onerous or gratuitous. Where value in money, or goods, or services, has been given in return for the deed, the consideration is said to be onerous. . . . By the law of Scotland, a deed granted for a gratuitous consideration, where not struck at as a fraud against onerous creditors, is as effectual as a deed granted for a valuable consideration, or in implement of a valid, legal obligation.

Hence onerosity, n., the doing or giving of a thing for a consideration (Sc. 1946 A. D. Gibb Legal Terms 60).Sc. 1874 Session Cases (1873–4) 481:
When a cheque is presented to a bank there is no presumption of onerosity as between the drawer and the holder.

[O.Sc. onerous, id., 1630.]

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"Onerous adj.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 29 Mar 2024 <http://www.dsl.ac.uk/entry/snd/onerous>

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