HC Deb 24 May 1938 vol 336 cc1018-20
26. Mr. Buchanan

asked the Lord Advocate whether he is aware that at the Glasgow small debt and eviction courts the clerk of the court frequently grants eviction and other orders against the tenant without reference to the sheriff; and whether he will take steps to see that in all cases the sheriff is present before a decision is made?

Mr. Wedderburn

I am informed that in the small debt court in Glasgow no decrees are granted without the sheriff hearing parties, except where the defender does not appear or where the parties agree on a settlement, and that in the ejection court no order of eviction is granted without the sheriff hearing parties. After inquiry in the matter I do not consider that any alteration of the procedure is necessary.

Mr. Buchanan

Will the hon. Member tell me where the clerk gets any authority to make a settlement in the court? By what Statute is he empowered to make a settlement?

Mr. Wedderburn

I shall be glad if the hon. Member will give me notice of the question as regards the Statute.

Mr. Buchanan

But I have asked why the sheriff is not present when the decision is reached, and what statutory right has anybody other than the sheriff to make a decision?

Mr. Wedderburn

I have informed the hon. Member that decrees are not made without the sheriff hearing the parties, except where a defender does not appear or where the parties agree to a settlement, but I cannot without notice tell him under what Statute or by what regulation that is done.

Mr. Cassells

Is the Under-Secretary aware that in all sheriff courts other than that of Glasgow the sheriff-substitute is constantly present?

Mr. Wedderburn

No, Sir, I am not aware whether that is so or not.

Mr. Davidson

Has the clerk of the court any power to make a decision or grant a decree?

Mr. Wedderburn

The question asked whether as a fact he does or does not make a decision, and not as to the authority by which he does so.

Mr. Buchanan

But surely that was implied in the question. Cannot the hon. Gentleman see that the law is carried out in court and that the clerks have no right to act as they do?

Mr. Wedderburn

I will certainly do so, but the hon. Member asked me what were the Statutes under which authority was given for the presence of the sheriff to be dispensed with in certain cases. I have told him what the practice is, and said that I shall be glad to answer the other question regarding the Statute under which it is done, but that I cannot do so unless he gives me notice of the question.

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