Dictionaries of the Scots Language
Dictionars o the Scots Leid

Scottish National Dictionary (1700–)

Hide Quotations Hide Etymology

Abbreviations Cite this entry

About this entry:
First published 1960 (SND Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.

IRRITANT, adj. Sc. Law: rendering null and void, gen. in phr. irritant clause, a clause in an agreement rendering it null and void if any act therein prohibited had been performed (Sc. 1722 W. Forbes Institutes I. i. 103, 1946 A. D. Gibb Legal Terms 19). Hence irritancy, †-(i)e, the forfeiture of a right in consequence of neglect or contravention, either of law, legal irritancy, or of an agreement, conventional irritancy. Irritancy of the feu occurs when the feuar fails to pay the feu-duty for two consecutive years. See Tinsel.Sc. 1701 Burgh Rec. Gsw. (1908) 319:
The said Archbald hes incurred the irritance in the said tack by not maintaining and upholding of the milne, kilne and houses conforme thereunto.Sc. 1752 Morison Decisions 9021:
There being no readiness on their part to pay the price, James Graham, pressed by his creditors, brought a declarator of irritancy of the minute of sale.Sc. 1769 Erskine Principles ii. 5. § 13:
The act which establishes this irritancy . . . declares that all feuers so failing in payment, shall lose their feu, in the same manner as if there had been an irritant clause in the right. . . . Where there is no conventional irritancy, the vassal is allowed to purge the legal irritancy at the bar . . . by making payment before sentence.Per. 1799 J. Robertson Agric. Per. 82:
The leases . . . are clogged with so many arbitrary covenants, capricious articles and irritant clauses, that they may be broke, whenever the landlord pleases.Sc. 1837 Tait's Mag. (Feb.) 101:
“Why did you not save yourself from this disaster, David,” said I, “by purging the irritancy, as we call it — that is, by paying up the feu-duty in the Court, after you were summoned?”Cai. 1869 M. Maclennan Peasant Life 109:
According to the custom of this district, the leases of such premises are granted in liferent to the artisans, under certain conditions and irritant clauses.Sc. 1947 Abd. Press & Jnl. (22 Nov.):
By reason of the building which had been erected on the ground by the Admiralty in 1944 . . . an “irritancy of feu” had been incurred.