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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.

PETITOR, n. An applicant, petitioner, claimant in a law-suit. Obs. and rare in Eng. Freq. used attrib. in formula in 1700 quot. Hence petitory, adj., characterised by supplication and soliciting, petitionary, putting forth a claim; specif. in Sc. Law comb. petitory action, an action raised by means of a Petition, q.v., by which a judge is requested to exercise his jurisdiction on behalf of the petitor or petitioner in respect of some rights of property or credit pertaining to him (Sc. 1946 A. D. Gibb Legal Terms 65). [pə′t(ə)itər(e)]Sc. 1700 Rec. Conv. Burghs (B.R.S.) IV. 311:
With all right, title . . . property and possession, als weell petitor as possessor.
Sc. 1720 R. Wodrow Corresp. (1843) II. 518:
The opinion of friends at London, that no petitory clause for protection and favour should be in.
Sc. 1773 Erskine Institute iv. i. § 47:
Petitory actions are so-called, . . . because some demand is made upon the defender, in consequence either of a right of property or credit in the pursuer. Thus, actions for restitution of moveables, actions of poinding, of forthcoming, and indeed all personal actions upon contracts, or quasi contracts . . . are petitory.
Sc. 1857 J. Aiton Clerical Econ. 339:
The action should contain declaratory conclusions as well as petitory conclusions.
Sc. 1864 J. H. Burton Scot Abroad I. 299:
As an equivalent to some petitory lines . . . there were verses.
Sc. 1901 Scotsman (9 March):
A petitory action by the . . . Patents Company . . . for payment of £1500.
Sc. 1962 T. B. Smith Short Commentary 291:
Petitory actions are so called because the pursuer makes some demand on the defender for money, property or performance.

[O.Sc. petitor, of a claim, 1453, petitory, id., 1439. Lat. petitor, an applicant, claimant.]

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"Petitor n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 7 May 2024 <http://www.dsl.ac.uk/entry/snd/petitor>

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