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Scottish National Dictionary (1700–)

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First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.

DECLARATOR, n. Sc. law. [də′klɑrɑtər]

1. A judgment given in court at the instance of the pursuer for the declaration of some right or status (Sc. 1825 Jam.2).Sc. 1845 Stat. Acc.2 I. 577, Note:
The interlocutor of the Court of Session, which is of date 3d June 1807, is as follows: — “. . . the Lords, in the suspension, repel the reasons of suspension, and in the declarator, find that the minister has right to work the coal in question below his glebe.”

2. Abbr. of action of declarator, which term is also used: “a form of action by which some right of property or of servitude, or of status, or some inferior right or interest, is sought to be judicially declared” (Sc. 1890 Bell Dict. Law Scot. 291).Sc. 1700 Rec. Conv. Burghs (1880) 308:
Ther was ane actione and cause of declarator just raised and intented.
Sc. 1774 Weekly Mag. (4 Aug.) 191:
On Friday came on before the court of session, a process of declarator, at the instance of the earl of Aboyne. . . . The purpose of this action was for having it declared, that . . .
Arg. 1901 N. Munro Doom Castle iv.:
Here's Drimdarroch wi' the lave, at any rate the weight of it in processes, records, caveats, multiple-poindings, actions of suspension and declarator.

[O.Sc. has declaratour, declarator, a judicial declaration, a statement of a decision; a declaratory action, from 1528; Fr. déclaratoire, adj., containing the judicial declaration of a deed (in law), 16th and 17th cent.; derived from déclarer, after Med.Lat. declaratorius.]

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"Declarator n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 25 May 2024 <http://www.dsl.ac.uk/entry/snd/declarator>

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