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Scottish National Dictionary (1700–)

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First published 1976 (SND Vol. X).
This entry has not been updated since then but may contain minor corrections and revisions.

WARRANDICE, n. Also -ise (Sc. 1782 J. Sinclair Ob. Sc. Dial. 224), -iss (Sc. 1880 Jam.). [′wɑrɑndɪs]

1. A guarantee, as an undertaking to protect another, safe-keeping; or as given by a seller to a buyer, vouching for the article sold (Sc. 1782 J. Sinclair Ob. Sc. Dial. 224). Phr. to stand warrandice, to guarantee.Sc. 1736 Ramsay Proverbs (1776) 86:
Ye took anes a dog in your warrandice and he was hanged.
Slk. 1818 Hogg B. of Bodsbeck xvi.:
I stand warrandice that he shall keep his distance.
Sc. 1819 Scott Leg. Montrose v.:
I protest, agreeable to the warrandice granted by this honourable lord, that it shall be free to me, notwithstanding my present complaisance, to take service with the Covenanters to-morrow.
Sc. 1824 Scott Redgauntlet xi.:
My warrandice goes no farther.
Sc. 1893 Stevenson Catriona iii.:
I have Rankeillour's word for it and count that a warrandice against all deadly.
Arg. 1918 N. Munro Jaunty Jock (1935) 189:
He had sold bad cattle and denied his warrandice.

2. Sc. Law: the obligation given by a granter or seller to indemnify a grantee or buyer of heritable property threatened with eviction through defect of title (see 1896 quot.), now gen. expressed in a conveyance by the clause “I grant warrandice.” Also attrib. with lands, see 1896 quot.Gsw. 1702 Burgh Rec. Gsw. (B.R.S.) 358:
Which right containes absolute warrandice and ane obligatione that the said peice of ground shall have exemptions from all stents and impositions.
Dmf. 1710 A. Steel Annan (1933) 63:
The warrandice thereof of all and haill the Lands and Fishings within the bounds undermentioned.
Sc. 1773 Erskine Institute ii. iii. § 28:
Some lands which get the name of warrandicelands, are disponed only eventually in security of the principal lands.
Sc. 1800 Morison Decisions 16641:
The warrandice lands had been twice sold, under burden of the infeftments in security, with personal warrandice from the disponer.
Sc. 1814 J. Sinclair Agric. Scot., App. I. 314:
The usual conditions of a lease, on the part of the landlord, are warrandice, which, whether expressed or implied, binds him to indemnify the tenant for want of possession, and to defend him against all encroachments on his right.
Sc. 1838 W. Bell Dict. Law Scot. 1038:
Warrandice is not an obligation to defend the right warranted, but to indemnify in case of eviction.
Sc. 1896 W. K. Morton Manual 95:
Kinds of warrandice. (1) Personal, that is, the personal obligation of the granter only, which can be made effectual against him and his general estate, as an ordinary debt. Absolute warrandice is implied in all onerous transactions, that is, for a price or valuable consideration. (2) Real, that is where other lands are made available to the grantee in security of the obligation, and against which he will have recourse in case of eviction. It is either (a) express, where definite lands (warrandice lands) are formally conveyed to the grantee in warrandice of the lands absolutely conveyed, termed, in distinction principal lands, or (b) implied or tacit.
Sc. 1947 Scotsman (8 July) 3:
The disposition contained a clause of warrandice in ordinary terms.
Sc. 1970 D. M. Walker Private Law 1201:
The Conveyancing (Sc.) Act, 1924, § 14 prohibited future grants of express real warrandice and negatived any implication of real warrandice in future transactions.

3. Authorisation, authority, warrant in gen.; a document conferring such.Ayr. 1823 Galt Entail lxxviii.:
Your behaviour, Geordie, is an unco warrandice to every one to lift the hoof against me.
Ayr. 1823 Galt R. Gilhaize III. xxiv.:
I do doubt if there be any warrandice in the Seriptures for such a defiance as this paper contains.
Kcb. 1894 Crockett Raiders xxxvi.:
The Faas not being nominated in the warrandice.

[O.Sc. warrandice, = 2., a.1372, werrandis, = 1., 1381, Anglo-Fr. warandise, variant of O.Fr. warentise, Eng. warrantise, all from North. O.Fr. warantir, Cent. Fr. garantir, to warrant, to guarantee.]

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

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