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Dictionars o the Scots Leid

Scottish National Dictionary (1700–)

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First published 1974 (SND Vol. IX).
This entry has not been updated since then but may contain minor corrections and revisions.

SUSPENSION, n. Sc. Law: (a warrant for) stay of execution of a decree or sentence of Court until the matter can be reviewed, used in cases when ordinary appeal is incompetent. According to the nature of the proceedings suspension is also found in various phrs. as bill or letters of suspension, suspension and interdict, suspension and liberation (see quots.).Sc. 1703 Burgh Rec. Gsw. (1908) 365:
He had obtained ane decreit of suspensione and declaratour.Sc. 1709 Earls Crm. (Fraser 1876) II. 103:
Mr. Greenshields, the minister who is still kept in prison by the magistrates for reading the English service, gave in a suspension to the Session in order to his liberation.Sc. 1722 W. Forbes Institute I. ii. 199:
When a Person finds himself aggrieved by any inferior Judge, the Cause may be called up to the Session by Advocation before, or Suspension and Reduction after the Sentence, in order to get it reviewed, or a Stop put to the Execution of it.Sc. 1742 Morison Decisions 587:
The Lords refused the bill of suspension.Sc. 1754 Erskine Principles iv. iii. § 5:
The first step towards suspension is a bill preferred to the Lord Ordinary on the bills. This bill, when the desire of it is granted, is a warrant for issuing letters of suspension which pass the signet.Sc. 1807 in Stat. Acc.² I. 577 note:
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.Sc. 1824 Scott Redgauntlet xx.:
A decreet of the Bailies' followed by poinding, and an act of warding — a suspension intended.Sc. 1830 W. Chambers Bk. Scotland 112:
When suspensions are refused to be sustained, they can still be brought into the court by a petition to either of the divisions of the inner house, praying that the decision of the Ordinary on the bills may be altered.Sc. 1896 W. K. Morton Manual 460:
Where a right is being invaded, or threatened with invasion (say an encroachment on land by building thereon), a remedy is obtained . . . with a Note of Suspension and Interdict craving the Court “to suspend the proceedings complained of.”Sc. 1901 N. Munro Doom Castle iv.:
Records, caveats, multiple-poindings, actions of suspension and declarator.Sc. 1904 A. M. Anderson Crim. Law Scot. 333:
Suspension and Liberation is the appropriate procedure where the complainer is in prison and desires to be liberated.Sc. 1933 Encycl. Laws Scot. XIV. 330–3:
Where the charge has been followed by poinding, the remedy is Suspension and Interdict. . . . Suspension is now competent in the Sheriff Court of the defender's domicile.