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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.

RETROCESS, v. To restore, hand back to the original possessor, esp. in Sc. Law of a right temporarily assigned to another; to restore to a post or office, to readmit, reinstate. Hence retrocession, restoration, reinstatement, specif. in Sc. Law: (a writ of) reversion or restoration, directly or indirectly, of a right from the assignee to the granter (Sc. 1722 W. Forbes Institute I. ii. 19, 1773 Erskine Institute III. v. § 1, 1896 W. K. Morton Manual 331).Sc. 1700 Earl of Gall. Papers MSS.:
The said Andrew does be thir presents retrocess the said earle in his ouen right.
Sc. 1737 Nat. Lib. Scot. MS. 1296:
We hereby . . . agree that . . . the said Mr. James Justice be Retroces't and Repon'd to the fees the Dues of his office as Clerk of Session. But with this Provision always that this present Retrocession is only to take effect in case a Bond . . . be granted.
Sc. 1752 J. Spotiswoode Stile of Writs 305:
A Retrocession is a Writ by the Assigny, reponing and restoring the Cedent in his full Right and Place, with the same Power he had before the Assignation. It is most commonly used when an Assigny in Trust denudes himself in favour of the Truster. . . . Thus a Tutor to a Minor, whose Father had got Right to certain Sums for Security of a Debt owing to him, and had granted Backbond, being about to retrocess the Cedent.

[O.Sc. retrocession, as a law term, 1575, Fr. retrocession, from r.etro- + cession, the ceding or giving back. Retrocess is prob. a back-formation from the n., in O.Sc., 1687.]

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"Retrocess v.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 29 Mar 2024 <http://www.dsl.ac.uk/entry/snd/retrocess>

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