Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
PROCURATORY , n. Also †-ie. Sc. Law usage: the authorisation of one person to act on behalf of another (Sc. 1946 A. D. Gibb Legal Terms 69). Cf. Procurator.
Comb. †procuratory of resignation, a disposition executed by a vassal in which he resigns his lands into the hands of his superior with the request that they be either retained by him or transferred to another vassal. Obs. since 1874. [pro′kjurətərɪ]Sc. 1709 Morison Decisions 12248:
Where anything is to be deferred to the pursuer's oath, he must have a special procuratory for that effect.Sc. 1714 Lamont Papers (S.R.S.) 331:
Which Disposition contains procuratory of resignation precept of Seasine Clause of warrandice Assignation to the Maills and duties of the said Lands.Sc. 1715 Records Conv. Burghs (B.R.S.) 147:
There appears no procuratorie or mandat from the laird of Meldrum.Sc. 1754 Erskine Principles ii. vii. § 3:
The legislature, looking upon vassals as proprietors, and not merely as beneficiaries, has directed superiors to enter all singular successors, who shall have got from the vassal a disposition, containing procuratory of resignation; they always receiving the fees or casualties that law intitles them to, on a vassal's entry.Sc. 1891 J. Craigie Conveyancing 139:
The Procuratory or Clause of Resignation in favorem was a mandate by a disponer authorising the giving back of the lands to the superior in order that he might reconvey them to the disponee, to be held of the superior as the disponer held them. The procuratory or clause was impliedly abolished by the Conveyancing Act, 1874, which renders incompetent the granting of charters or writs of resignation.
