HC Deb 16 March 1893 vol 10 cc250-1
MR. F. TRESS BARRY (Windsor)

I beg to ask the Attorney General whether his attention has been called to an advertisement in The Times of 13th February, 1893, requiring the next-of-kin of the late Henry Thomas Coghlan (who died intestate) to prove their claims at the chambers of Mr. Justice Kekewich on or before the 11th day of March, 1893, or in default thereof to be peremptorily excluded; whether he is aware that the said Henry Thomas Coghlan left personalty valued at more than £678,000, and that letters of administration have been granted to Sir H. D. Broughton, Baronet, one of the next-of-kin; whether he is also aware that the chief clerk, the administrator's solicitors, and the administrator's sureties, have received notice that one of the next-of-kin is residing at an address at present unknown, but which will shortly be known, in Now Zealand, and that the chief clerk has declined to grant any extension of time for allowing next-of-kin in the Colonies to be communicated with; whether, in view of the fact that it would take 13 weeks for the advertisement to reach New Zealand and for the receipt in London of a claim despatched in consequence of such advertisement from New Zealand, or nine weeks more than are allowed by the chief clerk, he will take steps to obtain an extension of time for claims to be sent in from the Colonies in this case; and whether he will recommend that, in view of the large number of Her Majesty's subjects who have emigrated to the Colonies, a sufficient period should in future be allowed, in cases of official advertisements for next-of-kin, to permit of next-of-kin in the Colonies being communicated with?

THE ATTORNEY GENERAL (Sir CHARLES RUSSELL,) Hackney, S.

The facts are substantially as stated in the first two paragraphs. As to the third, no formal application for extension of time was made, but the solicitor was informed by the chief clerk that he had no authority to alter the time. The chief clerk added that any application for ex- tension of time made in the ordinary way would be duly considered. I wish to add that neither the Government nor this House has any control over judicial proceedings. The Judges decide upon their own responsibility in the matters that come before them according to law as they understand it, subject to appeal.