HC Deb 03 March 1911 vol 22 cc798-9W

asked the Lord Advocate whether his attention has been drawn to the case of the Bent Colliery Company, Limited, against Thomson, in which, in a summons of removing at the instance of an employer against a miner, the sheriff substitute refused to allow the defender to lodge written answers, notwithstanding the fact that he offered to find caution for violent profits; whether, prior to the Sheriff Court (Scotland) Act, 1907, the sheriff substitute, in the circumstances narrated, had no alternative but to allow written answers; and whether, as this Act appears to have altered the previous law, he will undertake to introduce in the new Sheriff Court Bill a provision restoring it?


My attention has been directed to the case referred to in my hon. Friend's question. I may say that the matter referred to is having my most careful consideration; but, as I understand that the case in question is shortly to come before the Court of Session in a Bill of Suspension at the instance of the defender, and will probably be decided before the introduction of the Sheriff Courts Bill, I cannot, at present, express any opinion upon the present state of the law.