HC Deb 14 May 1886 vol 305 cc1034-5
MR. MACDONALD CAMERON&c.) (Wick,

asked the Lord Advocate, Whether his attention has been called to an article in The Perthshire Constitutional of the 26th instant, entitled "Extraordinary Eviction Case in Perthshire," wherein it is stated that a Mr. Buchanan Hamilton, under an ancient feudal law of Scotland, had recourse to a process known as "putting to the horn," so that he could remove into the street the whole of the goods and chattels, valued at upwards of £1,000 sterling, of a feuar named Thomas Buchanan, from his villa residence, enter upon and take possession of the premises because the said feuar owed two years' feu duty, amounting only to £32; if it be true that the proprietor has advertised for sale Mr. Thomas Buchanan's villa property, amounting to the sum of £5,000 sterling, in order to secure the payment of £32 due to him for feu duty; and, whether there are not more constitutional, and less violent, methods by which landlords can recover debt; and, if not, whether Her Majesty's Government will consider the expediency of amending the Law of Scotland, as to the recovery of debts, so as prevent such violence to the feelings of the community as was caused by the case referred to, as well as the wanton destruction of so much valuable property?

THE LORD ADVOCATE (Mr. J. B. BALFOUR)&c.) (Clackmannan,

An article has appeared in The Perthshire Constitutional to the effect stated by the hon. Member, and I have made inquiry into the circumstances of the case, which is a most unfortunate one. Mr. Thomas Buchanan, the feuar in question, and his sister, are both well-known litigants, and have besides long objected to pay taxes, preferring that their goods should be seized and sold rather than that they should meet these debts. They seem to have latterly come to regard the payment of an annual sum of feu-duty, for certain villas belonging to them, in the same light; and I believe it is true that, under very special circumstances, the superior has had recourse to the remedies stated in the article in question. These remedies, although stringent, are quite legal; and I am constrained to think they were adopted in the belief that they would lead to payment sooner than other less severe measures. This, I am sorry to say, has not been the case, and the law was allowed to take its course. The villas were consequently advertised; but I understand they have since been withdrawn, and I hope that the feuars will adopt the simple and obvious course of paying this small debt.