§ MR. PARKER SMITH (Lanark, Partick)
I beg to ask the Secretary for Scotland whether he is aware that in various of the police burghs, in consequence of the ambiguity of Section 38 of the Burgh Police Act of last year, both the Burgh Magistrates and the County Justices are claiming to be the Licensing Authority; and whether he can suggest any remedy which may meet the difficulty that has thus arisen?
§ THE SECRETARY FOR SCOTLAND (Sir G. TREVELYAN, Glasgow, Bridgeton)
I am aware that in various places the Magistrates of the police burghs and the County Justices are claiming to be the Licensing Authority in police burghs. Where such a difference of opinion exists as to the true construction of an Act of Parliament, the question can only be authoritatively determined by a Court of Law.
§ MR. PARKER SMITH
Will the right hon. Gentleman make some suggestion by which a test case can be tried without putting the parties concerned to much cost and inconvenience?
§ SIR G. TREVELYAN
That is an important point; but the question is not one which should be put on the floor of the House. If any private application is made, the best possible advice will be given.