Scottish National Dictionary (1700–)
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First published 1974 (SND Vol. IX).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1722-1754, 1838
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TRANSFERENCE, n. Sc. Law; the procedure by which a legal action is transferred from a person who dies during the process to his representative. Now obs.Sc. 1722 W. Forbes Institutes I. iv. 169:
Actions of Transference are either active, or passive. Action of Transference active is, when the Pursuer craves, that a Suit commenced by his Predecessor, who died pendente lite, may be transferred active in his Person, and go on in his Name.Sc. 1754 Erskine Principles iv. i. § 32:
If it be the pursuer who is dead, it was called a transference active; if the defender, it is a transference passive.Sc. 1838 W. Bell Dict. Law Scot. 999:
Transferences are competent to inferior judges, only when the representatives reside within their jurisdiction, and the principal cause is in dependence before them.
