§ MR. A. C. MORTON (Peterborough)In the absence of the hon. Member for Ross and Cromarty, I beg to ask the Lord Advocate whether his attention has been drawn to the case of Colin Thomson, of Resolis, who last month was fined 10s. in costs and penalty by Sheriff Hill, at Dingwall, on a first offence of failing to send two of his children regularly to school; and whether he will advise the Sheriff that it is sufficient on a first offence merely to ask for an attendance order?
§ THE LORD ADVOCATE (Mr. J. B. BALFOUR, Clackmannan, &c.)I have made inquiry into this matter. The complaint was brought at the instance of the Procurator Fiscal, and charged the accused with having failed to perform the duty of providing efficient elementary education in reading, writing, and arithmetic for two of his children under the 70th section of the Education (Scotland) Act, 1892. That being so, the Sheriff had no alternative, upon finding the charge proven, than to impose a penalty. It is to the School Board, and not to the Sheriff, that the right belongs to determine whether a penalty or merely an attendance order under the Act of 1883 shall be asked for.