§ MR. CALDWELL (Lanarkshire, Mid)
I beg to ask the Lord Advocate whether the procurator fiscal for the county of Bute received his appointment on the condition that he would devote his whole time to the duties of his office, and that he would not directly or indirectly engage in private practice as a law agent; whether he is aware that the procurator fiscal has appointed two deputes, who, besides being depute procurator fiscal, carry on the business of law agents within the procurator fiscal's office, and that one of these deputes, who is not a qualified law agent, appeared for the procurator 940 fiscal in the public interest at the Bute County Licensing Court, whilst the other depute appeared on behalf of an applicant for a licence in Arran, the procurator fiscal himself being absent for weeks from the county as adjutant of a Volunteer corps for which he received payment; and whether this is in accordance with the terms of procurator fiscal's appointment.
§ The LORD ADVOCATE (MR. A. GRAHAM MURRAY,) Buteshire
The procurator fiscal for the county of Bute is restricted from private practice, but may hold public offices with the approval of the sheriff. He has two deputes. They, as is invariably the case with deputes, are not restricted. In the licensing case referred to in the question I am informed that neither of the deputes appeared in the Justice of Peace Court as depute sheriff's procurator fiscal. Neither depute holds a commission in this court. It is the case that the procurator fiscal is adjutant of a Volunteer corps with the approval of the sheriff. I am informed that it is not the case that he has been absent from the county for weeks or any one week in that capacity.