§ (The Lord Chancellor.)
§ (NO. 179.) SECOND READING.
§ Order of the Day for the Second Reading, read.
THE LORD CHANCELLOR, in moving that the Bill be now read the second time, said, it affected the constitution of the Sheriff Courts of Scotland. The Bill consisted of two parts—the first of which was applicable to the appointment and tenure of office of the Sheriff Substitute, and the second regarded the extension of the jurisdiction of the Sheriff Courts. With regard to the first part, the Sheriffs Substitute were at present appointed by the Sheriff, by whom they were also removable; but the persons appointed must be certified by the Lord President of the Court of Session and the Lord Justice Clerk as competent for the duties of the office. It was proposed that in future the appointment of the Sheriffs Substitute should be transferred to the Secretary of State, and that he should also be em- 645 powered to remove them; but that they should only be appointed on the condition that a report should be made by the Lord President and the Lord Justice Clerk of their fitness. As to the Procurators Fiscal, at present they were appointed and dismissed at the pleasure of the Sheriff. It was proposed that the Sheriff should retain the appointment, but subject to the approval of the Secretary of State, and that they might be removed in the same way as the Sheriffs Substitute was now removed. "With regard to the extension of the jurisdiction of the Court, at present the Sheriff Courts in Scotland had only jurisdiction as to movable, and not with respect to heritable, property. Originally it was intended by this Bill to give them jurisdiction over heritable property to the annual value of £20; but, while the Bill was passing through the other House, that jurisdiction was extended to £50 or £100 of capital value; but this being a large extension of the jurisdiction, it was coupled with the right on the part of the defender of removing the cause to the Court of Session. Guarded in that way, he thought their Lordships would be of opinion that the measure was one of which they could approve.
§ Motion agreed to: Bill read 2a accordingly; Committee negatived; and Bill to be read 3a To-morrow.