Sheriff courts in Scotland are second only in importance to the supreme civil and criminal courts. Their records, dating from the 16th century, contain an enormous range of civil, criminal and administrative material (material that is often overlooked). A summary of the main records is listed below.
Court books, registers and processes
Brief details of cases coming before the court as well as records of administrative matters. Processes later than 1860 are weeded in terms of a statutory instrument.
Workmen's compensation
The Workmen's Compensation Act, 1897 (c.37) awarded compensation to employees injured in the course of employment. The system was ended by the National Insurance (Industrial Injuries) Act, 1946 (c.67).
Fatal accident inquiries
In Scotland Fatal Accident Inquiries have been held since 1895 into fatal accidents in the workplace and cases of sudden death where public interest was involved, but not into deaths by suicide. Not all records of sheriff court fatal accident inquiries have survived. The records of each inquiry are gradually being individually listed as part of a recataloguing programme. For more information see our guide on Fatal Accident Inquiry records.
Sequestration records
Sheriff courts were given jurisdiction along with the Court of Session in bankruptcy procedure (sequestration) by the Bankruptcy (Scotland) Act, 1839 (c.41). For more information see our guide on Court of Session sequestrations.
Criminal records
Records of criminal cases are in the main series of registers and processes until the end of the 19th century. The records also contain the registers of Juvenile Courts set up by the 1908 Children Act (c.67).
Registers of deeds and protests
These contain legal documents registered for preservation and execution. In older courts they generally start in the seventeenth century. For more information see our guide on deeds.
Commissary records
From the 1820s wills and related papers were registered at the sheriff courts. The registers contain wills, inventories of the deceased's goods and the court's confirmation of the executors. For more information see our guide on wills and testaments.
Services of heirs
Sheriff courts held inquests to determine claimants' rights to heritable property and the decisions were sent to chancery. Some records of these inquests survive showing the relationship between claimant and deceased.
Register of improvements to entailed estates
Under the Montgomery Act of 1770 (c.51), owners of entailed estates were allowed to charge their estates with three-quarters of the cost of improvements made. Intimation of intended improvements and a record of expenditure on them had to be registered in the sheriff court.
Fiars courts
Fiars were the official prices of grain fixed by the sheriffs. The records begin in the 17th century and include lists of jurors, notes of their evidence and the prices struck. For more information see 'Prices, Food and Wages in Scotland, 1550-1780' by A J S Gibson and T C Smout (1994).
Corn law returns
Between 1773 and 1821 sheriffs were required to convene a number of local people periodically to decide grain prices in the county. The records give names of jurors and prices returned.
Private legislation papers: public utilities
Under the Commissioners' Clauses Act, 1847 (c.16), commissioners of public undertakings were required to lodge a copy of their annual accounts with the sheriff court. Such records as survive usually result from applications by local authorities relating to railways, water and electricity supplies.
Freeholders' records
Details of freeholders, men who owned land or other heritable property and were entitled to vote before the 1832 Reform Act, are kept and for some courts survive from the 17th century.
Post 1832 electoral records
Electoral registers for the following:
- Caithness 1832-60 (SC14/64)
- Clackmannanshire and Kinross-shire 1832-62 (SC64/63)
- Cromartyshire 1832-3 (SC24/21)
- Inverness-shire 1832-72 (SC29/71)
- Kirkcudbrightshire 1832-62 (SC16/68)
- Linlithgowshire 1837(SC41/99)
- Nairnshire 1847-73 (SC31/60)
- Peeblesshire 1832-61(SC42/44)
- Roxburghshire 1832-46 (SC62/73)
- Selkirkshire 1832-61(SC63/61)
- Stirlingshire 1832-62 (SC67/61)
- Wigtownshire 1832-61 (SC19/64)
Other rolls are in burgh records.
Commissioners of supply
Set up in 1667 to collect the cess (land tax) although they also dealt with roads and bridges. Abolished in 1930, they effectively ceased with the reform of local government and the establishment of county councils in 1889.
Lieutenancy and militia records
Under the Militia Acts of 1797 (c.103) and 1802 (c.91), the lords lieutenants were responsible for raising local militia. Sheriff court records may contain minutes of lieutenancy meetings, muster rolls and returns of militia.
Records of heritable jurisdictions
Under the Heritable Jurisdictions Act of 1746 (c.43), most courts of heritable jurisdiction such as regality courts were abolished and their jurisdiction and records transferred to sheriff courts. Records of several regality courts and some bailie courts survive in the sheriff court series. The catalogue of the local court series (RH11) contains an appendix of such material in other record groups and is available in the Historical Search Room.
Plans (NRS refrence RHP)
Information on plans from sheriff court records and other collections can be found in the guide to topographical, architectural and engineering plans.
Not all sheriff court records are preserved, as current legislation allows for the weeding (selective destruction) of some types of records. However, NRS does keep a record in some form of each case heard in sheriff courts. The records for Orkney and Shetland are held by the archive services there. Note that most records are transferred to the NRS after 25 years and are otherwise held by the sheriff court.
