§ DR. CLARKI beg to ask the Lord Advocate whether he is aware that the Rev. Mr. Anderson, parish minister of Pultneytown, having been made bankrupt, Mr. R. S. W. Leith, Procurator Fiscal, Wick, was made trustee; that the trustee was interdicted by the Sheriff from making any inventory of the furniture in the bankrupt's house, the furniture being the property of his wife under the Married Women's Property Act, 1881; and that, in defiance of the interdict, the trustee forced an entrance and took an inventory; whether, upon the bankrupt complaining to the Sheriff of the contempt of Court committed by the trustee, he was informed that he required the sanction of the trustee, in his capacity of Procurator Fiscal, before any action could be taken; and whether he, will arrange that Procurators Fiscal will be appointed without right of practice?
§ SIR C. J. PEARSONThe facts stated in the first part of the question are substantially correct, except the statement that the trustee, in defiance of an interdict, forced an entrance and took an inventory. After the interdict was granted, a valuator was sent to ascertain if there were other effects in the house belonging to the bankrupt estate. This officer was admitted at once by the rev. gentleman himself, who, however, some days afterwards made an informal complaint to the Sheriff Substitute. The Judge found no cause for interference, and in this finding the Sheriff agreed, and informed Mr. Anderson that if he wished to proceed with his complaint he should obtain the sanction of the Procurator Fiscal at Thurso, who had no interest in the case. I am not aware that the furniture was the property of Mrs. Anderson. According to my information, the Court of Session have decided that the furniture claimed by 1559 the bankrupt's wife belonged to the trustee, and commented severely on the attempt made to disappoint the creditors, for whose benefit the furniture has now been sold. As regards the last part of the question, I have nothing to add to the answers frequently given in this House by my predecessors and myself in regard to the right of Procurators Fiscal to practise.
§ DR. CLARKIs the right hon. Gentleman aware that the Procurator Fiscal in question has been appointed lately since these pledges were given and notwithstanding them?
§ * SIR C. J. PEARSONNo, Sir; I am not aware.