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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.

VITIOUS, adj. Also ¶veetious. Variant spelling, now obs. in Eng., of vicious, faulty, defective, illegal, in Sc. Law phrs. vitious intromission, — possession, the unwarrantable interference with the moveable estate of a deceased without legal title, whereby liability for all the deceased's debts may be incurred (Sc. 1946 A. D. Gibb Legal Terms 93). See also Gestio pro Haerede, Intromission. Hence agent n. vitious intromitter (Sc. 1722 W. Forbes Institutes I. iii. 130), — possessor, deriv. vitiosity, culpability in this matter, illegality. Now rare. In transf. use in 1925 quot.Sc. 1706 Fountainhall Decisions II. 334:
All such intromission, without authority or warrant of a Judge, is vitious and clandestine.Sc. 1720 R. Wodrow Sufferings iii vi. s.5:
These who enjoyed the Forfeiture were not able to repay their vitious Intromission.Sc. 1724 Morison Decisions 9830:
The father's creditors insisted against him as a vitious intromitter.Sc. 1754 Erskine Principles iii. vi. § 22, ix. § 25–27:
Against vitious possessors, i.e. persons who had seized the possession by force, or who, without any legal title, had intruded into it. . . . The only passive title in moveables is vitious intromission. . . . An intromittor, by confirming himself executor, and thereby subjecting himself to account, before action be brought against him on the passive titles, purges, or takes off the vitiosity of his prior intromission.Sc. 1824 Scott Redgauntlet Letter ix.:
To speak facetiously, I trust you will not hold me accountable as a vicious intromitter.Sc. 1874 G. Outram Lyrics 69:
I then attempted Vitious Intromission, And was immediately conveyed to prison.Edb. 1925 Cadger's Creel (Douglas) 26:
Your veetious intromissions wi' the business o' your betters.Sc. 1962 T. B. Smith Short Commentary 455:
The remedy against vitious intromitters was introduced for the benefit of creditors and savours of delict.Sc. 1970 D. M. Walker Principles 1876:
As the executor is now the deceased's representative in both heritage and moveables the liability for vitious intromission probably attaches to intromission with either heritage or moveables.