§ MR. FRASER-MACKINTOSHI beg to ask the Lord Advocate whether in appeals or suspensions of public house and Excise cases, originally prosecuted by the Procurator Fiscal, the services of the Advocate Depute are at the command of the Fiscal; whether the Advocates are paid for appearing in such appeals; and, if so, from what fund; and whether there is any statutory authority for granting costs against appellants in these quasi-criminal proceedings?
§ MR. J. P. B. ROBERTSONThe answer to the first part of the question is in the negative. Appearing in such proceedings does not form part of the duties of the Advocate's Depute, even when the Procurator Fiscal in the Sheriff Court is a party. But, as a rule, public house cases are instituted by the Procurator Fiscal of the Justices of the Peace, while Excise cases are prosecuted by an officer of Inland Revenue. The expenses of appeals and suspensions in public house cases come out of the county or borough funds; and in Excise prosecutions out of moneys provided by 6 Parliament for the charges of collection and management. The summary Prosecutions Appeals (Scotland) Act, 1875 confers express power on the Court to award costs in cases falling under that statute; and, as regards suspensions, the Court has, I believe, always and without question exercised the right of dealing with expenses by virtue of its inherent powers in such proceedings.