§ Mr. ACLAND ALLENasked the Secretary for Scotland whether his attention has been called to the fact that the burgh of Clydebank framed by-laws under the Burgh Police Amendment Act of 1911, regulating the hours for closing ice-cream shops on Sundays and that the sheriff, on these by-laws being submitted to him for confirmation, made certain alterations in them; and whether there is any precedent for the course the sheriff has taken in making alterations in the by-laws, instead of either confirming or rejecting them in the form in which they were passed by the local authority?
Mr. McKINNON WOODI am aware of the fact stated in the question. The power conferred upon the sheriff by Statute is to allow or disallow, as he may think fit, by-laws submitted to him for confirmation; but where a sheriff is not prepared to confirm by-laws in the form submitted to him, it is obviously convenient that he should suggest any modifications in their terms which would remove his objections, and this course is frequently followed by sheriffs in dealing with the confirmation of by-laws. When such1222W modifications are suggested it is, of course, for the authority tendering the by-laws to consider whether they will proceed with the by-laws as amended or not. I think local authorities would have just ground of complaint if the confirming authorities were to take so rigid a view of their duties as to disallow by-laws where objections could be met by amendments without indicating the nature of such amendments.