HC Deb 10 July 1919 vol 117 cc2138-9

Where under or by virtue of any order, grant, or appointment (whether made before or after the passing of this Act) any powers and duties have been or are hereafter conferred or imposed on the Official Solicitor to the Supreme Court in England as such, then, unless and until the Supreme Court or a judge thereof otherwise directs in any particular case, those powers may be exercised and those duties shall be performed by the holder of the office for the time being, and no further order or appointment shall be necessary by reason only of the person on whom the powers and duties were conferred or imposed dying or ceasing to hold office, and any bond entered into by the Official Solicitor as such in connection with any grant of administration shall be binding on the holder of the office for the time being, and any property vested in the Official Solicitor as such shall, on his dying or ceasing to hold office, without any conveyance, assignment or transfer, become vested in his successor in like manner as it was vested in him.

Sir G. HEWART

I beg to move to leave but the words "as such" ["Supreme Court in England as such"] If the Bill remain as it is its operation will be limited to the duties and powers of the official solicitor ' as such. "The gentlemen appointed is appointed to the various positions I have enumerated because he is the official solicitor.

Sir H. NIELD

Appointed by name?

Sir G. HEWART

Yes; but we do not want it "as such." If the words remain in the Bill the effect will be that the operation of the Bill to some extent will be diminished.

Amendment agreed to.

Sir G. HEWART

I beg to move, after the word "thereof" ["or a judge thereof otherwise direct"], to insert the words in matters and proceedings under the Lunacy Act or of a Master in Lunacy. The effect of the present words will be that the Supreme Court would be given certain powers in lunacy matters. It is very often lunacy matters which the official solicitor is appointed over. In order to conform with the law I propose to add the words I have suggested.

Sir H. NIELD

I agree that these words are eminently desirable. There are so many matters which are hung up for a long time by reason of difficulties involved on questions of this kind that I welcome any measure of further jurisdiction.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clause 2 (Short Title) ordered to stand part of the Bill.

Bill reported; as amended, considered; read the third time, and passed, with Amendments.