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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.

REPRESENT, v. Sc. usages:

1. Sc. Law: ppl.adj. representing, protesting, objecting, in comb. representing days, the twenty days from the pronouncement of a judgment in the Court of Session during which an appeal against the judgment might be lodged (Sc. 1790 Acts of Sederunt, Index 78). Abolished in 1826. Cf. reclaiming days s.v. Reclaim.Sc. 1838 W. Bell Dict. Law Scot. 852:
The reclaiming, or representing days, against an interlocutor of a Lord Ordinary.

2. Derivs.: (1) representation, (i) an appeal against the decision of a judge of the Court of Session presented in the form of written pleadings. See also 1.; (ii) the right whereby a collateral heir succeeds to heritable property because he represents a deceased direct heir; (iii) the right of possession to an estate of heritage which carries with it liability for the debts of the granter (Sc. 1946 A. D. Gibb Legal Terms 76). See passive title s.v. Passive, adj., 2.; (2) Representer, one of those responsible for the presentation of a protest to the General Assembly of the Church following their condemnation of the doctrines contained in Edward Fisher's The Marrow of Modern Divinity. See Marrow, n.1 Hist.(1) (i) Sc. 1823 Session Cases (1822–3) 525:
It was incompetent for the Lord Ordinary to alter an interlocutor except upon a representation.
Sc. 1838 W. Bell Dict. Law Scot. 854:
Twenty days were allowed from the time of pronouncing the judgment, within which the representation might have been presented.
(ii) Sc. 1754 Erskine Principles III. viii. § 4:
In heritage there is a right of representation by which one succeeds, not from any title in himself, but in the place of, and as representing some of his deceased ascendents.
Sc. 1838 W. Bell Dict. Law Scot. 556:
This right of representation takes place in collateral succession to heritage, as well as in that of descendants in the direct line.
Sc. 1956 Gloag and Henderson Intro. Law Scot. 533:
The right of representation obtains, that is to say, if one who would have been heir, had he survived the deceased, has predeceased him leaving issue, the issue will have right to the estate in room of their parent.
(iii) Sc. 1710 Morison Decisions 14011:
His beneficium inventarii frees him from any representation beyond the value of the estate.
(2) Sc. 1722 R. Wodrow Corresp. (1843) II. 644:
The Second part of the Marrow was published on Saturday, with a long preface and appendix, which is confidence enough in the Representers.
Sc. 1848 A. Thomson Hist. Secession Church 24:
Meanwhile [1721], the Representers are summoned to appear before the Commission.

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"Represent v.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 23 Apr 2024 <http://www.dsl.ac.uk/entry/snd/represent>

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