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Scottish National Dictionary (1700–)

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About this entry:
First published 1974 (SND Vol. IX).
This entry has not been updated since then but may contain minor corrections and revisions.

SUSPEND, v. Sc. Law usage: tr. of a court, to stay the execution of a sentence or decree until the case has been reviewed; intr. of a litigant or convicted person, to ask for a suspension or stay of execution as a form of appeal. Hence suspender, one who does this. See Suspension.Sc. 1709 Morison Decisions Suppl. V. 57:
John Purdie fined by the Justices of Peace for Mid-Calder in £100 Scots for fornication suspended upon the ground that the fine was exorbitant.
Sc. 1711 Acts of Sederunt (20 Nov.):
The Bill is to be refused unless the Suspender do give his Oath of Calumny thereupon.
Sc. 1734 J. Spotiswood Hope's Practicks 75:
When decreets of inferior Judges are suspended.
Sc. 1747 Kilkerran Decisions (1775) 485:
Where one suspends because he is charged for more than is due.
Sc. 1778 Morison Decisions 1393:
The Court suspended the letters quoad personal diligence against the suspender.
Sc. 1805 Farmer's Mag. (May 1807) 188:
The Lords find the suspenders liable in the expense of extract.
Sc. 1822 Scott F. Nigel v.:
We maun suspend the diligence by writ of favour or otherwise.
Sc. 1896 W. K. Morton Manual 461:
The sum in the decree sought to be suspended.
Sc. 1933 Encycl. Laws Scot. XIV. 345:
It is always competent to suspend any decree on the ground of essential nullity.

[O.Sc. suspend, to stay execution, 1491. ]

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