§ DR. CAMERON (Glasgow, College)asked the Lord Advocate, Whether it is true that an appeal to the Court of Justiciary has been lodged at the instance of the Procurator Fiscal against the recent judgment of Sheriff Fraser acquitting certain crofters tried before him on a charge of criminal mischief at Dill Mill Farm; whether he can mention any instances of an appeal to a Higher Court taken by a Public Prosecutor against a judgment of acquittal pronounced on the merits of the case and after proof; and, whether the Procurator Fiscal, at whose instance the appeal is said to have been taken, is agent for the proprietor of the farm in question, or connected with any firm of agents who act for the proprietor?
§ THE LORD ADVOCATE (Mr. J. H. A. MACDONALD) (Edinburgh and St. Andrew's Universities)An appeal was lodged to keep the matter open till Crown Counsel could be consulted. The appeal is not to be proceeded with. There have been cases such as are referred to in the second paragraph; but of course they are rare, and are not 141 raised with a view to a second trial before the Summary Court, but only to obtain an authoritative decision on points of law, which is the only matter on which appeal is permissible in summary cases. The Procurator Fiscal is not agent for the proprietors. His partner is the local agent. The criminal proceedings in the case were not at the instance of the proprietor, but at the instance of the tenants, for whom neither the Procurator Fiscal nor his partner acts as agent.