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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.

PROGRESS, n. Sc. Law usage: a series or progression, esp. in phrs. (1) charter by progress, a feu-charter which repeated or confirmed a grant of land as distinct from that conveying the original grant, “one renewing the grant in favour of the heir, or singular successor, of the first or succeeding vassals” (Sc. 1838 W. Bell Dict. Law Scot. 145). Abolished in 1874; (2) progress of title(s), †-deeds, †-writs, “a series of title-deeds, extending normally over twenty years, which constitute a man's title to land” (Sc. 1946 A. D. Gibb Legal Terms 69), an abstract of title. Freq. in reduced form progress, id. Hence progressive, of writs or deeds: constituting a series or progress; (3) right by progress, a right established as under (1).(1) Sc. 1722 W. Forbes Institute I. ii. 110:
A Charter by Progress, is a renewed Disposition of the Fee.
Sc. 1773 Erskine Institute ii. iii. § 20:
Charters are either original, or by progress; . . . charters by progress are, in dubious clauses, to be interpreted agreeably to the original one.
Sc. 1891 J. Craigie Conveyancing 147:
It is, since 1st October 1874, unnecessary for a vassal to obtain, and incompetent for a superior to grant, any charter, precept, or other writ by progress.
(2) Sc. 1705 Edb. Courant (14–19 Feb.):
Whoever has a mind to bid for the same, may see an exact and compleat Progress of the Writs of the saids Lands, in the hands of William Wilson, one of the Under Clerks to the Session.
Sc. a.1722 Fountainhall Decisions (1759) I. 4:
In buying of land, men crave a forty years clear progress, and with that think themselves secure, by the grand act of prescription 1617.
Sc. 1825 Anon. Writer's Clerk II. 17:
The titles of the Disposition, which happened to be a set of progressive writs.
Sc. 1832 Scott St. Ronan's W. Intro.:
Removed . . . from his legal folios and progresses of title deeds, from his counters and shelves.
Sc. 1838 W. Bell Dict. Law Scot. 790:
In the case of a sale at full price, the seller is bound, unless it be otherwise stipulated, to give the purchaser not only a disposition, or other effectual deed of conveyance, but also to give him a sufficient progress of titles. And in practice, the seller usually comes under an express obligation to that effect; the legal import of which is, that he must deliver to the purchaser, along with his disposition, a progress of deeds, showing that the seller has in his person, by inheritance or otherwise, an unimpeachable feudal title.
Abd. 1871 W. Alexander Johnny Gibb xxxii.:
Actooally vreetin' o' dociments an' fat they ca' progresses.
Sc. 1947 Scotsman (8 July):
The decree of general service formed a valid link of title in a prescriptive progress of titles.
(3) Sc. 1739 Kames Decisions (1799) 23:
Gordon, having right by progress to the provision of one of Sir David's daughters.
Sc. 1813 Faculty Decisions 384:
Innes, who had right by progress to the estate of Ballogie.

[O.Sc. progress, id., 1567.]

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"Progress n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 29 Mar 2024 <http://www.dsl.ac.uk/entry/snd/progress>

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