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Procurator-Fiscal

sheriff and prosecution

PRO'CURATOR-FIS'CAL, a legal practitioner in Scotland of some consequence, owing to his being the public prosecutor for a local district. He is generally a local procurator, or law-agent, and is appointed by the sheriff of the county, or in cities and towns by the magistrates. His business is to take the initiative in the prosecution of crimes. There being no coroner's inquisition in Scotland, lie does the work which that functionary does in &gland. Whenever he has reason to believe a crime has been committed, his duty is to apply for a warrant to arrest the alleged criminal, or to summon him before the sheriff, when the witnesses are cited, and are precognosced—that is, they give what evi dence they are in possession of. All the inquests and examinations of the procurator fiscal are conducted privately; neither the press nor the public being allowed to he pres ent. This arrangement, as tending to huddle up that which should be fully known— as, for example, the cause of catastrophes attended with loss of life—has latterly been the subject of earnest remonstrance. If the procurator-fiscal is informed of a crime

which he thinks was either not committed, or of which there is no evidence satisfactory. he gives his concurrence merely to the private party who suggests it, but does not hini; self initiate the proceeding. When the procurator-fiscal takes the precognitions of `the witnesses, he sends a copy of them to the crown counsel, of whom the lord-advocate is the chief; and if these counsel think the evidence is strong enough, and warrants more than suspicion, the prosecution is proceeded with to trial. The procurators-fiscal are now paid by salaries according to the population of the district.

PROGYO.N'IlliE. See COATI; RACCOON; ante.