HC Deb 14 March 1898 vol 54 cc1630-1
*MR. GRAHAM MURRAY

I rise to move to omit the word "Depute." The object of that Amendment is this: hon. Members will be aware that originally the Sheriff was a person who had practically nothing to do with the law, and that the real judge who acted for him was called the Sheriff-Depute. The work of the Sheriffs becoming very onerous, they were allowed to appoint others, who were called Sheriff-Substitutes. The modern form is to talk of them simply as "Sheriffs" and "Sheriff-Substitutes." It is an anachronism, now that the old Sheriffs have been abolished, to have a Sheriff-Depute when there is no Sheriff.

Amendment proposed, to leave out the word "Depute."—(The Lord Advocate.)

Question, "That, the word 'Depute' stand pari of the Clause," put, and negatived.

Question proposed that Clause 1, as amended, stand part of the Bill.

MR. CALDWELL

The right hon. Gentleman will remember that on the Second Reading of this Bill he stated that he would be willing to consider any suggestions that were made to him. His attention has been drawn to one very important matter, and I think it is very unfair to try and push the Bill through without doing something in regard to that question—I mean the question of pensions. The Sheriff-Principal in Scotland occupies the same position as a County Court Judge occupies in England. I do not see why power should not be given to grant a pension in case of misfortune in the case of a Sheriff-Principal just as it is given in the case of a Sheriff-Substitute. Take the case of insanity, for instance. In case of that misfortune happening to a Sheriff-Substitute there would be power to give him a pension; in the case of a Sheriff-Principal there is no such power. The particular case that this Bill has been brought in to provide for is this: There are, I think, two Sheriffs who are unable to perform their duties, one of whom has been for a considerable period an inmate of a lunatic asylum. I think, in the case of persons occupying the high position of a Sheriff-Principal, there ought to be some provision that the Treasury should be able to grant either a retiring allowance or a pension. In a matter of this kind the House has always been very jealous in regard to vested interests. I certainly think that we have a right to have this question considered. I had hoped that the right hon. Gentleman would have dealt with it before the Bill reached the present stage.

*MR. GRAHAM MURRAY

I am willing to promise that the matter shall be considered and dealt with, one way or another, before the Report stage.

MR. CALDWELL

The right hon. Gentleman knows that we cannot part with our power over the Bill in that way. If I had thought the right hon. Gentleman would have neglected to deal with the matter I should certainly have put down an Amendment.

*MR GRAHAM MURRAY

I will consider the matter before the Report stage, and, if necessary, recommit the Bill.

MR. CALDWELL

That is a round-about way. It will be better to deal with it while we have the Bill in Committee than to recommit the Bill—

It being midnight, the Chairman left the Chair to make his Report to the House.

Committee report Progress; to sit again upon Thursday.