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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.

HYPOTHEC, n. Also †-theck, -thic, hypotick. See also Apothec(k). [hɪ′pɔθɪk]

1. Sc. Law: The right of a creditor to hold as security for a claim the effects of a debtor without taking possession of them; esp. the prior claim of a landlord over the crops, stock or goods of his tenant for rent; of a ship's crew or owners over the ship itself or its cargo for wages or freight charges; of a legal agent over costs recovered for his expenses. The landlord's claim to tenant's effects in agricultural subjects was abolished in 1880.Sc. 1703 Morison Decisions 6245:
All goods inbrought into houses in this burgh are under a tacit hypothec to the heritor for security of his rent.Ags. 1728 Arbroath T.C. Rec. MS. (28 June):
[To] allow him to shear the Corns and Lett the same be put up for the use and behoofe of the Toun not only for the Hypotheck for the present Cropt, but for bygene arrears of the preceeding Cropt.Sc. 1773 Erskine Principles ii. vi. § 56:
The debtor may, notwithstanding the security, be allowed to retain the possession of the subject, and then the right is called an “hypothec”. Hypothecs are either express, . . . or tacit, otherwise styled legal, which, without any positive covenant, are established by the law itself from presumed consent.Fif. 1794 R. Beatson Agric. Fif. 21:
The tenants are commonly bound . . . to keep a sufficient stock of cattle thereon, in order to secure the landlord's hypothec.Sc. 1816 Scott Antiquary xli.:
As we hold your rights, title-deeds, and documents in hypothec, [I] shall have no objection to give reasonable time — say till the next money term.Sc. 1880 Acts 43 Vict. c.12 § 1. 26:
The landlord's right of hypothec for the rent of land . . . exceeding two acres . . . let for agriculture or pasture, shall cease and determine.e.Lth. 1885 J. Lumsden Rhymes & Sk. 57:
Cumbrous restraints frae tacks he'll weed, An' root out auld hypothec.Sc. 1929 Green's Encyclopedia VIII. 13:
In competition with other claims on the tenant's estate, the landlord's hypothec is preferable to any private diligence.

2. In phr. the hale (haill) hypothec, the whole of anything, the whole “business”, “show” or “concern”, everything. Gen.Sc.wm.Sc. 1836 Scottish Annual 185:
When he had made a survey o' the haill hypothic, he becam aware o' my presence.Abd. 1871 W. Alexander Johnny Gibb i.:
Johnny Gibb . . . got the whole “hypothec” into the cart.Cai. 1887 B. Watten Stratharran 100:
I here defy the haill hypothec o' them to touch a hair o' this dog's tail.Sc. 1896 Stevenson W. of Hermiston viii.:
If the hale hypothec were to fa'.Sc. 1935 W. D. Cocker Further Poems 31:
When the hale hypothic coupit like a cairn abune their heids.Kcd. 1956 Mearns Leader (13 July):
I wid hae been nane surprised tae see the hale hypothec gang up in a lowe.