§ MR. KEAYI beg to ask the Lord Advocate whether he has noticed the case of a trawler charged with illegal trawling at the Sheriff Court in Elgin about six months ago, in which the Public Prosecutor withdrew the charge because the Judge did not feel able to decide a point of law—namely, whether the Fishery Board had power by bye-law to decree a penalty of £100, while Section 7 of the Act of 1889 decrees a penalty of £5 only for a first offence and £20 for subsequent offences; and whether the point in question has been referred to the Law Officers of the Crown; and, if so, with what result?
§ SIR C. J. PEARSONI am aware of the case referred to in the question, but the hon. Member is in error in saying that the prosecutor withdrew the charge because the Judge was unable to decide a point of law. The point in question was considered by the Law Officers some time ago, and I hope a satisfactory solution of the difficulty will shortly be arrived at.