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Scottish National Dictionary (1700–)

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First published 1960 (SND Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.

HOMOLOGATE, v. To ratify, confirm, approve (Sc. 1782 J. Sinclair Ob. Sc. Dial. 210, 1808 Jam.); esp. in Sc. law, to render valid or ratify a deed or contract, which was informal or defective, by subsequent approval of it (Sc. 1946 A. D. Gibb Legal Terms 41). [hɔ′mɔləget]Sc. 1702 Records Old Abd. (S.C.) II. 108:
What they should agree upon the meeting would homologat and acquiesce in.
Sc. a.1715 G. Burnet Hist. Own Times (1724) I. ii. 247:
They said, to accuse a Minister before a Bishop, was an acknowledging his jurisdiction over his Clergy, or to use a hard word much in use among them, it was homologating his power.
Sc. 1751 W. McFarlane Geneal. Coll. (S.H.S.) II. 518:
The Eldest Sister did assume the title of Countess of Murray . . . but that was not owned by the Croun tho' the Croun did after that homologate her title.
Sc. 1781 Morison Decisions 5727:
In respect of the apprentice's entering into his master's service, and continuing there for three years, by which the indenture was homologated by both parties.
Sc. 1824 Scott Redgauntlet Letter v.:
I never saw so strong an example of this peculiarity . . . as in his mode of homologating the self-given invitation of Mrs Herries.
Per. 1904 R. Ford Hum. Sc. Stories 17:
Elder Tamson's view o' the case was instantly homologated by the depootation.

Hence homologation, the act of homologating or confirming by implication something previously not legally binding, ratification (Sc. 1754 Erskine Principles iii. iii. § 15).Sc. 1702 Fountainhall Decisions II. 169:
The Lords found the homologation of the act did not exclude him from recurring to this defence.
Sc. 1704 Burgh Rec. Gsw. (1908) 386–7:
The obleidgement immediately above-written . . . shall be nowayes understood or interpreted to be any homologation in favours of the forenamed persons.
Sc. 1849 Tait's Mag. (July) 422:
A distinct categorical homologation of our principle.
Sc. 1927 Gloag & Henderson Law Scot. 44:
Homologation is implied by any acts whereby a party, in the knowledge that a particular obligation is voidable, recognises its validity.
Sc. 1929 Green's Encyclopedia VII. 624–6:
Homologation may be express or implied. . . . Homologation has a retroactive effect, making the deed to which it applies good ab initio.

[O.Sc. homologate from 1593, homologation from 1689, ad. Med.Lat. homologare, after Gk. μολογεν, to confess, acknowledge.]

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"Homologate v.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 26 Apr 2024 <http://www.dsl.ac.uk/entry/snd/homologate>

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