Scottish National Dictionary (1700–)

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RECLAIM, v. Sc. usage: intr. To protest, object, be in opposition. Ppl.adj. reclaiming. Sc. 1700  Officers & Graduates King's College (S.C.) 59:
The Greek master that shall be chosen hereby is ordered to obey without reclaiming.
Wgt. 1724  Session Bk. Penninghame (1933) II. 8:
Gilbert Herron and Samuel Williamson here present being discoursed with thereanent did not reclaim against the said resolution.
Sh. 1797  J. Willock Sh. Minister (1897) 90:
Intruding Ministers into Parishes over the bellies of a reclaiming people.
Sc. 1843  N. Macleod Crack about Kirk 2:
When ministers of the gospel can be forced upon reclaiming congregations.

Sc. Law: To appeal, esp. to appeal from the Outer House to the Inner House of the Court of Session (see quots.). Hence ppl.adj. reclaiming, pertaining to such an appeal, as in combs. reclaiming-†bill, -motion, †-note, †-petition; deriv. reclaimer, such an appeal; one who makes this appeal. Sc. 1709  Acts of Sederunt (9 July):
Act anent Interloquitors in the Outter-house, and Bills reclaiming against them.
Sc. 1745  Morison Decisions 334:
Pleaded, in a reclaiming petition, the proof ought not to be allowed.
Sc. 1752  Bankton Institute iv. xxxvi.:
Parties are presumed to acquiesce to the judgments of the ordinary when they do not reclaim to the lords.
Sc. 1773  Erskine Institute iv. iii. § 5:
An interlocutor in praesentia, if it be not either reclaimed against within the limited time, or if it be affirmed by a second interlocutor upon a reclaiming bill, has . . . the full effect of a res judicata . . . though it cannot receive execution till it be extracted.
Sc. 1817  Scott Letters (Cent. Ed.) IV. 347:
In the former [process] I wrote an Interloquitor on a reclaiming petition which must have shufled among the other papers.
Sc. 1824  Erskine Institute iv. iii. § 5, note:
The reclaiming days against an Outer House interlocutor are twenty-one days from its date.
Edb. 1839  Court of Session Garland (1871) 72:
And on the 12th of June presented a Reclaimer.
Sc. 1842  J. McGlashan Process Sheriff Cts. 209:
The judgment, when pronounced, or any interlocutor by which a party conceives he is aggrieved, may be reclaimed against by an argumentative pleading.
Sc. 1868  Act. 31 & 32 Vict. c.100:
After a reclaiming note has been presented, the reclaimer shall not be at liberty to withdraw it.
Sc. 1893  A. J. G. Mackay Practice Ct. Sess. 289:
Prior to the Judicature Act [1825], the form was a reclaiming petition, but that Act changed the form to a note. Prior to the Court of Session Act 1868, a reclaiming note by which judgments of the Lords Ordinary are submitted to the review of the Inner House, commenced with an address to the Lords of Council and Session, . . . and concluded with a specific prayer, stating the alteration and the decree desired by the reclaimer.
Sc. 1946  A. D. Gibb Legal Terms 72:
To reclaim is to appeal against a decision of an Outer House or Vacation judge. Reclaiming is by a reclaiming motion, formerly by reclaiming note.

[O.Sc. reclaime, to appeal in law, 1575.]

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"Reclaim v.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 11 Dec 2017 <http://www.dsl.ac.uk/entry/snd/reclaim>

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