MR. M'LEOD (Sutherlandshire)I beg to ask the Lord Advocate, whether his attention has been called to the case of John Cumming, fisherman, Embo, who on 28th June last was sentenced at Tain to pay a fine of £5, which is the maximum which any police or summary court in Scotland can impose in the very worst case in which the option of a fine is allowed; whether he is aware that, prior to paying the fine, Cumming was compelled to pay a sum of £3 10s. for alleged damage to the cell in which he was confined without any citation being served upon him, or an independent valuation made; and, whether, as Cumming was fined the maximum penalty, the authorities will repay the £3 10s.
§ THE LORD ADVOCATE (Mr. A. GRAHAM MURRAY,) ButeshireThe 1298 statement contained in the first paragraph of the hon. Member's question is not quite correct, as the maximum fine under the Burgh Police Act, 1892, is £10. I am informed by the Procurator-Fiscal that John Cumming was tried on the 29th ultimo, and was represented by an agent. The evidence fully supported the charges of serious assaults found proved, and the magistrates gave the accused the option of paying a fine out of compassion, and in respect of his calling as a fisherman, and his statement that he was robbed in the train of his earnings. The Procurator-Fiscal also informs me that the accused was very violent in the police cells, and that the amount acquiesced in and paid for by him for smashing the furniture will not, according to contract prices, now submitted, be sufficient to cover the loss. This matter rests with the county authorities, and I can give no assurance as to repayment.
§ MR. A. GRAHAM MURRAYI believe the valuation made was accurate.