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Question

Volume 218: debated on Monday 30 March 1874

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asked the Lord Advocate, Whether his attention has been directed to the serious loss and inconvenience recently suffered in Glasgow and Lanarkshire generally in consequence of the absence of any provision for the appointment of an interim Sheriff Principal in cases where the holder of that office is prevented by illness from discharging his duties; and, whether it is the intention of Her Majesty's Government this Session to introduce any measure which will admit of such interim appointments being made?

My attention has boon directed to the circumstances referred to in the Question of the hon. Member. I am not prepared to state that there exists no power in the Court of Session to appoint an interim sheriff principal in the case of any such sheriff being prevented from discharging his duties by temporary illness, especially in the event of the Minister of the Crown giving his sanction to leave of absence to the sheriff. The Court of Session have, indeed, frequently exercised the right of making a temporary appointment of a sheriff when there was a death vacancy, and the public advantage required the office not to remain long vacant. But, as opinions to a different effect have been expressed by authorities entitled to consideration, I think it will be expedient that all difficulty should be removed in the way of preventing the loss and inconvenience caused by the temporary inability by a sheriff to discharge his duties, by vesting the power of interim appointment in Her Majesty's Government or in the Court for a limited time; and I hope this may be effected by a clause inserted in a Bill for regulating the Sheriff Courts in Scotland, or by a Bill solely having in view the remedy suggested by the hon. Member.