SIR D. H.MACFARLANE (Argyll)
I beg to ask the Lord Advocate if, in his recent instruction to Procurators Fiscal that they were not to undertake prosecutions for poaching, it was intended to include their Deputes; and whether he is aware that such prosecutions are being undertaken by the Depute Fiscal for Rothesay?
§ THE LORD ADVOCATE (Mr. J. B. BALFOUR,&c.) Clackmannan,
The Depute Fiscal at Rothesay does not conduct prosecutions for poaching in his official character, nor are such proceedings taken at the instance of the Procurator Fiscal. The Depute is a practising Law Agent, and he has, as such, recently conducted certain poaching prosecutions on the employment, and in the name, of a, private client. The terms of his deputation do not seem to me to preclude this.