Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII). Includes material from the 1976 supplement.
This entry has not been updated since then but may contain minor corrections and revisions.
PARTIBUS, n. Sc. Law: a note written in the margin of a Court of Session summons listing the contestants in a case and their counsel and solicitors (Sc. 1946 A. D. Gibb Legal Terms 63).Sc. 1734 in Hope Minor Practicks 9:
These after Callings, with the Clerk's marking thereof, on the Margine of the Summons, were called a Partibus, from the Words . . . as 16 June 1711 Partibus ut supra.Sc. 1838 W. Bell Dict. Law Scot. 710:
Partibus; is a note written on the margin of a summons, or of letters of advocation or suspension, when lodged for calling, containing the name and designation, in plain and legible writing, of the pursuer, advocator or suspender. . . . The partibus must also contain the names of the pursuer's, advocator's or suspender's counsel and agent. As it is from this partibus that all the entries in the calling lists, rolls and minute-book are made, it is of great consequence that it be perfectly correct.Sc. 1916 J. A. MacLaren Ct. of Session Practice 349:
To enable the summons to be called, the pursuer's agent prepares the partibus, which is a note written on the margin of the principal summons containing (1) the name of the Lord Ordinary and the Division of the Court to which the cause shall belong; (2) the names and designations of the pursuer and defender; and (3) the names of the pursuer's counsel and agent.
