asked the Lord Advocate, Whether his attention has been called to the deposition sworn to by John Herald, a bankrupt tweed merchant at Dundee, in which, referring to six pawn tickets produced, he stated that they represented goods pawned by him, although, with one exception, they were pawned in the name of another man, and one ticket, dated 1879, should have been dated 1881; whether, under "The Debtors' (Scotland) Act, 1880," it is a crime punishable by imprisonment, with or with hard labour, to "pawn, pledge, or dispose of, otherwise than in the ordinary way of trade," goods obtained on credit and not paid for, unless the bankrupt proves to the satisfaction of the court that he had no intent to defraud; and, whether it is intended to prosecute John Herald under that statute?
THE LORD ADVOCATE (Mr. J. B. BALFOUR),
in reply, said, his attention had been directed to this case, and he had made very full and careful inquiry with regard to it. The second part of the Question he had to answer in the affirmative. As regarded the third part, he might say that he did not intend to give instructions for a prosecution, as, after careful consideration of the evidence, it appeared to him to be established that the goods were pawned without intent to defraud.