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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.

PRIVILEGE, n., v. Also preevilege (Dmf. 1912 J. L. Waugh R. Doo 122). Sc. form and usages:

I. n. As in Eng. Specif. in †Sc. Mining usage: a quota of a miner's output credited to him according to the numbers and ages of those of his children who worked with him in the mine (see quot.).m.Lth. 1842 Children in Mines Report II. 438:
Parents take children down early to claim privileges. . . . It is a practice in the Lothians for colliers to regulate and limit the out-put of their own work. Full men send up 4 tubs of 5¼ cwt. per day; they then claim work according to the ages of their male children. In East Lothian men claim for very young boys; in Mid Lothian all boys above 10 years of age rank as 1 basket; above 12 years, 2 baskets; 15 years, 3 baskets; at 17 years lads rank as full men and a claim is made for 4 baskets. This practice is bad; it causes men to take their children down very young; they remain with them to get the privilege of more work and all hope of return ceases. Eventually the children are sent down to do the fathers' work while they drink and idle at home.

II. v. Ppl.adj. privileged, in Sc. Law combs.: 1. privileged debt, a debt which has priority over other debts, debts, such as for funeral expenses and mourning, which take preference over the debts of ordinary creditors (Sc. 1946 A. D. Gibb Legal Terms 68); 2. privileged deed, a deed which does not require the signatures of witnesses to validate it, see quot. and 4. below. Cf. also probative deed, -writ, etc.; 3. privileged summons, a summons in which the normal period of twenty-seven days between the citation of a person and his appearance in court is shortened (Sc. 1946 A. D. Gibb Legal Terms 68). See quots.; 4. privileged writ(ing), = 2.1. Sc. 1754 Erskine Principles iii. ix. § 23:
Being judicial trustees, they could not pay any debt, without the authority of a sentence, except those called privileged, which always were, and still continue preferable to every other debt. Under that name are comprehended, medicines furnished to the deceased on death bed, physicians fees during that period, funeral charges, which include whatever is necessary for the decent performance of the funeral, and the rent of his house, and his servant's wages, for the year or term current at his death.Sc. 1838 W. Bell Dict. Law Scot. 784:
Privileged debts are those which humanity has rendered preferable on the funds of a deceased person, and which an executor may pay without decree.Sc. 1896 W. K. Morton Manual 199:
Claims, commonly termed “privileged debts”, to which the law, on account of their nature, ascribes the advantage or privilege of being paid out of an insolvent debtor's estate in priority to other claims. Hence, in a sense, the creditor in such a claim has a hypothec or preferable right over the estate of his debtor. It differs from the ordinarily recognised hypothecs, in that it affects not a particular portion of the debtor's effects, but the universitas of his estate.Sc. 1962 T. B. Smith Short Commentary 453:
An executor cannot be compelled to make payment of a debt until after the expiry of six months from the date of the deceased's death . . . Certain privileged debts may, however be paid, such as deathbed and funeral expenses, mournings, rates and taxes, and servant's wages.2. Sc. 1838 W. Bell Dict. Law Scot. 784:
Privileged deeds. A legal deed requires certain statutory solemnities; but, from this rule, exceptions have been made in favour of certain deeds and writings on grounds of necessity or expediency. Of these exceptions the following are examples: (1) Holograph deeds, which are deeds in the handwriting of the granter, do not require witnesses, on account of the difficulty in forging the handwriting of a whole deed . . . (2) A deed subscribed by a number of persons . . . (3) Testaments . . . (4) Receipts and discharges to tenants . . . (5) Missive letters in re mercatoria . . . (6) Accounts amongst merchants . . . (7) Bills and promissory notes.3. Sc. 1754 Erskine Principles iv. i. § 36:
In certain summonses which are privileged, the induciae are shortened: Spuilzies and ejections proceed on fifteen days, wakenings and transferences, being but incidental, on six.Sc. 1838 W. Bell Dict. Law Scot. 784:
Privileged Summonses. This name is given to a class of summonses in which, from the nature of the cause of action, the ordinary induciae of twenty-seven days are shortened. Such summonses require a bill to be passed at the Bill-Chamber. The privileged summonses are summonses of removing, recent spuilzies and recent ejections, (where the summons is executed within fifteen days of committing the deed), intrusions, and succeeding in the vice, causes alimentary, exhibitions, summonses for making arrested goods forthcoming, transferences, poindings of the ground, wakenings, special declarators, suspensions, preventors, and transumpts.4. Sc. 1927 Gloag & Henderson Intro. Law Scot. 94:
Certain writs used in ordinary business — in re mercatoria — are sufficiently authenticated by the signature of the granter. These are known as privileged writings. In this class are included bills, promissory notes and cheques, receipts and mandates or orders used in the ordinary course of business.Sc. 1928 Encycl. Laws Scot. V. 478:
Holograph and other privileged or exceptional writings.