§ MR. WATSONput a question to the Lord Advocate, of which he had given him notice. It related to the Scotch Judges. It had been stated that the Scotch Judges, the Lords of Session, engaged in the arbitration of private suits, and received fees from the parties for so doing. He begged to know if this were the practice, and, if it were, whether the Lord Advocate approved of it?
§ The LORD ADVOCATEhad to state that he was not aware of the prevalence of any such practice as that the Scotch Judges undertook the arbitration of private suits, and received fees for their services. He thought he could state distinctly that the Scotch Judges were not in the habit of doing so. He knew many Scotch Judges who on every occasion and unconditionally 8 had refused to take arbitrations in private suits; he believed, however, that there were Judges who in some cases, in reference to peculiar circumstances, and upon the extreme urgency of the parties, had condescended to take arbitrations, and had decided certain points in difference as referees; but he was not aware of any case in which it had interfered with the official discharge of any duty. If the hon. and learned Member alluded to a recent case which had caused some discussion, he could say that the Judge who took the arbitration did so at the most urgent entreaty of both parties. The reference was decided at a time when the Judge had no official business nor duty to perform, and no fee or other remuneration had been accepted. The hon. and learned Gentleman had been pleased to ask his opinion whether he approved of such a practice? Perhaps, having stated that there were some Judges who had on particular occasions taken arbitrations, it would be hardly fair for him to express an opinion. At the same time he had no hesitation in stating that he thought those Judges who had refused to take arbitrations, under any circumstances or on any consideration, had adopted the better course.
§ MR. WATSONwished to know whether fees had been taken by the Judges on any occasion?
§ The LORD ADVOCATEthought that the hon. and learned Member pressed him a little too hard; but he was not aware that in any case fees had been given to the Judges. Did the hon. and learned Member mean to make any charge?
§ MR. WATSONNone at all.
§ The LORD ADVOCATEI am not aware that fees were ever taken.