Scottish National Dictionary (1700–)
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First published 1971 (SND Vol. VIII). Includes material from the 1976 supplement.
This entry has not been updated since then but may contain minor corrections and revisions.
SIST, v., n. Also ¶cist. Chiefly in Sc. Law usage:
I. v. 1. tr. (1) To stop, stay or halt (a legal process or procedure) by judicial decree, both in civil and ecclesiastical courts (Sc. 1808 Jam.). Also used absol.Sc. 1702 Hist. Papers Jacob. Period (S.C.) 24:
To sist execution untill the process wer hard before your Lordships.Sc. 1769 C. D. Bentinck Dornoch (1926) 307:
Proceedings were sisted at the instance of the Hon. George Mackay of Skibo.Sc. 1838 W. Bell Dict. Law Scot. 960:
If he think that the complainer has made out a sufficient prima facie case, [the Lord Ordinary] pronounces an interlocutor sisting execution in the meanwhile.Sc. 1896 W. K. Morton Manual 480:
Suspension or sisting of diligence is granted only on terms for the security of the pursuer.Sc. 1948 W. J. Dobie Practice Sheriff Cts. 177:
The granting of a motion to sist is in the discretion of the Court.
(2) To stop, end, in gen.Sc. 1871 M. McLennan Peasant Life 23:
At six, her father, sisting labour for the day.Sc. 1879 P. R. Drummond Bygone Days 166:
Mr. Gilfillan sisted proceedings until quietness was restored.Sc. 1881 J. H. Stirling Kant 6:
The whole business of metaphysic is summarily sisted.
2. intr. To cease, halt, stop, come to a standstill.Sc. 1700 D. Hume Domest. Details (1843) 55:
My cause being in the roll, I had no mind it shall sist on any account.Wgt. 1704 Session Rec. Kirkinner MS. (21 May):
The said Synod and Presbyterie advise to sist where we are till God in his providence give some further discoverie in that matter.Kcb. 1719 Session Rec. Kelton MS. (9 Aug.):
Therefore he sisted in rebuking him.
3. To summon or cite to appear as a party in a court case (Sc. 1808 Jam., 1946 A. D. Gibb Legal Terms 83). Also fig.m.Lth. 1700 Session Rec. Cramond MS. (16 Feb.):
Mary Miller, being sisted befor this session.Gall. 1714 Session Bk. Penninghame (1933) I. 347:
The said Janet and the herd boy, her son, should be sisted before their next meeting.Sc. 1736 Trial Capt. J. Porteous 30:
If they would be pleased to sist the whole Band of the Guard before them.Sc. 1829 Session Cases (1828–9) 692:
It was incompetent to sist a third party as a pursuer without the consent of the defender.Sc. 1891 Gsw. Herald (17 Aug.):
Sisting the insurance companies as pursuers.Sc. 1901 H. Wallace Greatest of These xvii.:
I would have you sist your reasons, not only before your conscience.Arg. 1914 N. Munro New Road xv.:
The Advocate requesting him upon the doorstep to be sure and call again before he left the country. “I sist ye to compear!”Sc. 1948 W. J. Dobie Practice Sheriff Cts. 236:
A party wholly outside the case may be sisted at his own request if he shows that he has a legitimate interest to be made a party to the cause.
4. refl. To present (oneself) before a court, appear for trial or as a litigant in a case.Sc. 1710 R. Sibbald Lit. Fife 140:
The Capital place of Fife, at which these accused of Theft were to find surety for Sisting themselves in Judgement.Sc. 1824 Session Cases (1825–5) 404:
The Magistrates of Edinburgh not having been parties in the original action, and therefore not being entitled to sist themselves as pursuers without the consent of the advocators.Sc. 1931 Encycl. Laws Scot. XI. 570:
The representative of a deceased pursuer dying pendente processu may sist himself.
5. To produce, in gen., bring forward in proof, cite.Sc. 1836 Sir W. Hamilton Discussions (1853) 313:
Some have preposterously sisted nature as the first or generative principle.
II. n. A stay or suspension of some proceeding; specif. in Sc. Law: an order by a judge to stay judgment or execution in a lawsuit.Sc. 1718 Acts of Sederunt 273:
A Sist is to be granted on the bill, which Sist shall not exceed a Month.Sc. 1754 Caled. Mercury (1 Jan.):
Robert Lylle, who was to have been executed at Paisley upon Thursday Last, has, upon Application to the Lords of Justiciary, obtained a Sist till that Day se'n-night.Sc. 1796 Session Papers, Leslie v. Fraser (29 March 1805) 144:
A sist from the Sheriff, at Mr Mercer's instance, against the building of said dike.Sc. 1800 A. Carlyle Autobiog. 287:
The solicitor immediately granted the alarmed brethren a sist.Sc. 1816 Scott Antiquary xliii.:
A sist on a bill o' suspension.Sc. 1831 Sir W. Hamilton Discussions (1852) 215:
In contempt of a sist on the proceedings by the Elector of Mentz.Sc. 1866 Justiciary Reports (1865–7) 324:
A party may obtain a sist of judgment pronounced against him in absence.Sc. 1931 Encycl. Laws Scot. XI. 571:
It is in the discretion of the Court, on the motion of either party, to order the procedure in a cause to be stopped. This is called a sist of process.
