§ 52. Mr. MORTONasked the Lord Advocate whether, with regard to the drowning of a fisherman, William MacAngus, at the Helmsdale Harbour, Sutherland, on 13th August, 1012, he is aware that five weeks elapsed after the accident before the Procurator Fiscal made personal investigation in the case; whether the master and crew of the steamer, two coopers who were passengers, and the pilot, whom William Mac-Angus was assisting, should have been seen as possible witnesses; whether the Procurator Fiscal has seen or communicated directly with any possible witness other than the pilot; whether the Procurator Fiscal has reported that William MacAngus's cries were heard astern of the steamer, that no effort was made to save him, that no lifebuoys or lights were available, and that no alarm was raised; and whether, as this man was killed in the course of his industrial employment, it was not incumbent on the sheriff, in terms of the Fatal Accidents Inquiry (Scotland) Act, 1895, to hold an inquiry into the matter?
§ The LORD ADVOCATE (Mr. Ure)The Inquiry by the Procurator Fiscal was delayed in the hope that the body might be recovered and in order that conclusive evidence as to the cause of death might thus be obtained. The Procurator Fiscal examined five other witnesses in addition to the pilot. He did not report on the points mentioned in my hon. Friend's question. In my opinion the Fatal Accidents Inquiry (Scotland) Act, 1895, does not apply in the particular circumstances of this case.
§ Mr. MORTONIs this not an industrial case that comes expressly under the Act of 1895?
§ Mr. MORTONDoes not the Act of 1895 state distinctly that the sheriff must hold an Inquiry?