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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.

PROCESS, n., v. Sc. usages:

I. n. 1. As in Eng., an action or suit at law. For Sc. Law phrs. and combs. process of augmentation, — multiple-poinding, — reduction and improbation, -wakening, etc., see under second element. Comb. no-process, a preliminary defence in a law-suit based or sustained on the grounds of a technical error in the procedure which bars trial.Sc. 1755 Morison Decisions 3747:
The following no-process was moved, that the summons against Grant is void.Sc. 1773 Erskine Institute iv. i. § 67:
Those dilatory defences, which are grounded upon informalities in the libel or executions, and are called no-processes.Sc. 1838 W. Bell Dict. Law Scot. 787:
Stair defines a process to be “an action sustained by a judge, that thereupon either an act or definitive sentence may follow”; and he adds, that an action not sustained is no process.

2. Sc. Law usage: the legal papers in an action, lodged in court by both parties, “the writs, forms and pleadings from the first step down to judgement, by which an action or prosecution is brought under judicial cognisance” (Sc. 1946 A. D. Gibb Legal Terms 68). Comb. process caption, a warrant to imprison a person who has borrowed a process and failed to return it (Ib.).Sc. 1801 Scott Letters (Cent. Ed.) I. 116:
I return you the processes betw. Sanderson and Walker. I rather suspect both parties are rascals.Sc. 1825 Session Cases 380:
The Ld. Ordinary . . . issued a process-caption against Horne . . . for recovery of a number of process alledged to have been borrowed.Arg. 1901 N. Munro Doom Castle iv.:
Here's Drimdarroch wi' the lave, at any rate the weight of it in processes, records, caveats . . . compts and reckonings.Sc. 1928 Encycl. Laws Scot. XI. 581:
Only the agents in the action may borrow the process.

II. v., tr. To proceed against in law, take legal action against, sue, bring to trial (Sc. 1808 Jam.). Also used of church courts. Of Sc. orig., later in occas. use in Eng.Wgt. 1701 G. Fraser Wigtown (1877) 104:
The minister recommended to the severall members of the Session to bring in a full account from their severall quarters of persons that are lying under scandall, and not as yet processed and censured.Sc. 1721 R. Wodrow Sufferings i. v. § 4:
His Enemies wanted only this for a Handle to process him criminally for his Zeal and Faithfulness in former Times.Sc. 1732 E. Erskine Testimony anent Grievances 52:
This Church's Processing and Censuring of many faithful and honest Ministers.Uls. 1896 M. Hamilton Ulster Bog xiii.:
They're saying the father of the child is that young Archie Kennedy . . . and I suppose they'll be processing him.