Court of Session: unextracted processes

Unextracted processes (UPs) after 1660

UPs 1660s-1912

The record series covered by these cards are CS228-250, with a few for CS30.

All cards are filed alphabetically by pursuer only. If you need to establish the pursuer's name, try the Court's general minute books (see the Introduction to Court of Session Processes guide). Very occasionally the cards bear a place name rather than a personal name. This may have occurred because it was impossible to tell from the surviving process papers who was the pursuer and who the defender, eg 'Sauchie, accounts concerning the coal of, 1692'. Alternatively, the pursuers could have been a corporate body such as the provost and magistrates of Edinburgh.

Usually the cards are filed chronologically within each surname. Variant spellings of surnames were common well into the 19th century. These variant spellings are sometimes grouped together, eg Robertson/Robinson/Robison all filed under Robertson, or Smith/Smyth/Smythe all under Smith. Unfortunately this was not done consistently. Names of firms consisting of surnames are sometimes grouped collectively at the end of the first surname of the firm, eg Dunbar Hately and Company, 1853, is placed at the end of Dunbar in the 1830-1869 index.

A year should appear on each card: this is normally the date of the summons, ie the start of the action.

If the card has the word 'Inventory' immediately above the date, the process will only contain an inventory of papers lodged during the action. By itself an inventory will not reveal much of the proceedings. The papers themselves will have been borrowed by the parties' law agents and never returned, at least under that particular reference. At the conclusion of an action the lawyers were entitled to reclaim any productions they had lodged, such as personal letters. They should have returned to the court any other papers borrowed only for consultation, but in practice this did not always happen.

UPs 1660s-1912: converting old process reference numbers

About half the old numbers are converted in one easy step. The other half require two steps to be taken. Note: some of the old process numbers have the office name much abbreviated. 1 SK is 1 Skene; 1 DR would be 1 Drysdale, and so on: any abbreviations should be quite clear. It is best to explain by using some examples of index cards.

Example



The old process number we find is 1 Innes Durie A2/1. To convert, either use the "Toblerone" above the index drawers or the list shown below. You will see that I Innes Durie becomes CS234. You retain everything else. So, the process call number is CS234/A2/1.

Example



Here, although it may seem very strange, you enter as the process call number CS239/Processes not previously entered in any index/2/56. In other words, you only drop the old office reference.

As can be seen from the above examples, converting the old reference numbers is quite easy; but processes from about the mid-19th century have reference numbers which require a little more work to convert. Note that, if the process number commences "2...", or is a Second Division Process, then you convert both halves of the old number; if it commences "1...", or is a First Division process, then you need only convert the first half of the number. Again, some examples.

Example



Using the conversion table, you convert 2 Currie in the usual way to CS242. But you must now convert the other half of the old number as well. Look on the open shelves for the index covering CS242 only. The processes are arranged alphabetically in the volume, and there are tabs marking the place of each letter in the volume. In the old number, 1/4 means bundle 1 item 4. Find that entry. On the right hand side of the page, you will find running numbers beside each process. It is the relevant number that becomes the second half of the process call number. So, 2 Currie F1/4 converts to CS242/591.

In addition to the above there are various other types of index cards. There are examples with double numbers and it is best to seek advice when faced with one of these. Again, some examples.

Example

Example

Example

Unextracted processes: series conversion table

UPs supplementary card indexes 1870-1912

There is another set of cabinets of card index drawers (at the opposite end of the Historical Search Room) also containing CS index cards. These include

• CS241: UPs, 1878-1911
• CS242-250: 1772-1912 combined with
• CS251-252*: 1913-1934 and
• CS311*: 18th-19th centuries

* Denotes series covered by the electronic catalogue.

To enable you to gain a more thorough appreciation of the 1870-1912 contents of series CS241-250, it is recommended that you use this separate set of index drawers. They have two advantages over those in the main series:

• cards contain the full process reference number and there is no need to undertake any conversion
• cards for defender as well as pursuer in each case

The only drawback is that for post-1869 UPs they lack cards for the series CS240, which is known to be in the drawers of the main series.

UPs 1913-1934 (CS251-257)

UPs 1935-1994 (CS258)

UPs 1995 onwards (CS348)

Unextracted processes: Carmichael and Elliot arrangement (CS98-227)

Divorce records

Unextracted processes searchable on the electronic catalogue