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Criminal Law—Expense Of Executions—Question

Volume 229: debated on Monday 8 May 1876

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asked the Secretary to the Treasury, Whether the Lords Commissioners of the Treasury have declined to pay the expenses incurred by the burgh of Dumbarton in the execution, on the 19th of October last, of the convict David Ward law; and whether they did so on the ground that the expenses attendant on the execution of criminals within the limits of any Royal Burgh in Scotland must be defrayed by the burgh itself, and are not chargeable on the public funds; and, if so, whether, in thus deciding, they were guided by the legal advice of the Lord Advocate; and, whether this is in accordance with the practice which has been hitherto followed in England, Scotland, and Ireland in similar cases?

in reply, said, the Treasury had declined to pay the expenses incurred by the borough of Dumbarton in the case referred to, the practice being that burghs in Scotland pay the expenses of the execution of criminals within their jurisdiction. In England the sum of £10 was allowed to a sheriff charged with the duty of the execution of a convict, and he presumed that charge was allowed, inasmuch as if the sheriff could not get any person to carry out the execution he should do so himself.