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ˈprocurator-ˈfiscal
[f. procurator1.]
In Scotland, the public prosecutor of a shire or other local district, appointed by the sheriff or magistrates. He initiates the prosecution of crimes, and takes the precognitions, also performing some of the functions of a coroner.
The term appears to have originally designated the official who had to collect and administer the fines, fees, and other payments accruing to the criminal, civil, and ecclesiastical courts: he was the procurator (in sense 2) who had to do with the fiscal or revenue matters of the court. (Cf. procurer fiscal 1 e.) For history of the office see the Journal of Jurisprudence Vol. XXI. (1877) pp. 24–, 67–, 140–, etc., Vol. XXII. (1878) pp. 24–, 69–.
1583–4Decree-arbitral of Jas. VI in Jrnl. Jurispr. XXI. 141 Mr. Johnne Skene, procurator fiscall. 1584in Littlejohn Aberd. Sheriff Court (1904) Introd. 44 Actioun..at the instance off our Souerane Lord and Mr. George Barclay his M. Procuratour Phiscall. 1606Act Secret Council 4 Feb. (Jrnl. Jur. XXI. 69), Pryces set down to the Procurators-Fiscal, to be taken hereafter for forming of Testaments. 1678Sir G. Mackenzie Crim. Laws Scot. ii. xii. §4 (1699) 207 The way of Procedure before the Sheriff, is by an Assize, and the Procurator-Fiskal is Pursuer in place of his Majesties Advocat. 1752J. Louthian Form of Process (ed. 2) 254 Application shall be made to the Sheriff by Petition, signed by the private Party complaining, or by the Procurator-fiscal, setting forth the Nature of the Crime. 1818Report of Commissioners in Jrnl. Jurispr. XXI. 26 The Procurator-Fiscal likewise receives a certain proportion or share of the fines levied in the Sheriff's Court according to ancient usuage. 1818Scott Hrt. Midl. xvi, The city's procurator-fiscal, upon whom the duties of superintendent of police devolved. 1875W. McIlwraith Guide Wigtownshire 95 On the ground floor is the office of the Procurator-Fiscal. |