§ MR. FRASER-MACKINTOSH (Inverness-shire)asked the Lord Advocate, Whether he is aware that summonses, so numerous as to attract general attention in the Parliament House, have recently been taken out in the Court of Session, at the instance of Lady Gordon Cathcart, against crofters in the Islands of Benbecula, South Uist, and Barra; whether, in many cases, the amounts sued for in name of rents and arrears are under £50; and, whether, having regard to the institution of local Sheriff Courts within counties in Scotland, intended to protect poor persons summoned thereto who might appear in person, or employ a procurator for a few shillings to answer for them, in place of being called hundreds of miles from their homes, and put to the expense of employing counsel and agents, he will, before next Session, consider as to the advisability of introducing a Bill excluding prosecutions for ordinary debts in the Supreme Courts of Scotland for sums under £100 sterling?
§ THE LORD ADVOCATE (Mr. J. P. B. ROBERTSON) (Bute)Thirty-four such summonses have been taken out. Of these 13 are for sums above, and 21 for sums below, £50, the average amount being a little under £50. The power of the Court of Session to withhold costs, or to give costs only on the scale of the inferior Courts, is generally found to prevent litigants resorting to its jurisdiction with cases which ought properly to go to local tribunals. The proposal to exclude from the Court of Session actions for ordinary debts under £100 495 seems to me to be uncalled for and inexpedient.