Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
RECORD, n. [′rɛkərd, ‡rə′kɔrd, esp. in phr. to close the record.] Sc. usages:
1. Sc. Law: the printed pleadings of an action, copies of which are passed to the relevant parties for adjustment before the record is closed and the action proceeds to proof or debate, as regulated by the Judicature Act of 1825 (see quots.). Cf. Eng. joinder of issue.Sc. 1825 Act 6 George IV. c.120 § 10:
The Record so made up and authenticated shall be held as foreclosing the parties from the statement of any new averments in point of fact.Sc. 1838 W. Bell Dict. Law Scot. 823:
If the counsel for the parties consent to avisandum, the process is sent to the Lord Ordinary, that he may consider the record; and if he is satisfied, . . . the record is closed on the summons, defences, and revised condescendence and revised answers.Sc. 1868 Acts 31 & 32 Vict. c.106:
The Court or the Lord Ordinary may at any time amend any error or defect in the record or issues in any action or proceeding in the Court of Session, upon such terms . . . as to the Court or Lord Ordinary shall seem proper.Sc. 1931 Encycl. Laws Scot. XI. 560–1:
Within eight days after the lodging of defences, the pursuer must print the pleadings of both parties. This print is the Open Record . . . After the open record is lodged, the case is put out on the Lord Ordinary's Adjustment Roll . . . The interchange of adjustments may go on until it is necessary to print the closed record.Sc. 1967 Scotsman (31 Aug.) 5:
The time for adjustment of the pleadings was during the ample period allowed for that purpose before the record was closed.
†2. Repute, account. Obs. in Eng.Abd. 1888 Battle of Harlaw in Child Ballads No. 163 xxii.:
They rade, they ran, an some did gang, They were o sma record.
