HC Deb 14 April 1891 vol 352 c478
MR. CALDWELL (Glasgow, St Rollox)

I beg to ask the Lord Advocate whether he claims any right to review or to animadvert on the conduct of, or observations made by, a Sheriff Substitute in his judicial capacity in a civil case pending before him in the Small Debt Court in Scotland; if so, under what law or authority he makes the claim, and the extent of his claim; and whether he has powers to censure or dismiss without an Address to the Crown being carried in Parliament?


The hon. Member is entirely mistaken in supposing that a Sheriff Substitute in Scotland cannot be dismissed from office without an Address to the Crown being carried in Parliament. Under the Statute 40 & 41 Vict., c. 50, he may be removed from office by the Secretary for Scotland for inability or misbehaviour upon a Report by the Lord President of the Court of Session and the Lord Justice Clerk for the time being. As regards the first part of the hon. Member's question, I have not in this case, on which I gave an answer yesterday, claimed any right in the matter, but merely stated to the House the facts of the case, and what I understood from his own statements and from the duties of his office to be the views of the Sheriff Substitute.


Then 1 understand that the right hon. Gentleman has not given any official intimation upon the subject?


I think I have sufficiently answered the question already.

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