30. Lieut.-Commander Clark Hutchisonasked the Secretary of State for Air whether he will now issue a certificate of death to Mrs. Mary Kraus, formerly Miss Mary O'Rorke, in respect of the death on active service of her brother, No. 819061, Sergeant James O'Rorke, R.A.F., on 20th November, 1942, in order that she may satisfy the Sheriff of Chancery, as to her title to subjects, 47, Balgreen Road, Edinburgh.
§ Mr. A. HendersonMy Department issued on 23rd October, 1944, a certificate stating that Sergeant O'Rorke must be presumed, for official purposes, to have lost his life on 20th November, 1942. This is the normal practice when an airman is missing, and it is beyond all reasonable doubt that he has not survived.
Lieut.-Commander HutchisonIs the right hon. Gentleman aware that, though this certificate was sufficient to enable the airman's widow to remarry, it has not been accepted by the Sheriff of Chancery, and will he consult the Lord Advocate on the matter to see that a certificate is issued which will enable the airman's sister to obtain the property mentioned in the Question?
§ Mr. HendersonThe difficulty has arisen because of the difference between English and Scottish law on this matter.
Lieut.-Commander HutchisonWill he consult the Lord Advocate about the issuing of the appropriate certificate?
§ Mr. Hendersonindicated assent.
§ Mr. Hector HughesIs my right hon. and learned Friend aware that it is the form of certificate which creates the difficulty, and that the refusal by the Sheriff of Chancery to accept the certificate imposes difficulty and expense upon the parties concerned who are seeking to lay title to the assets? Will he see that a proper certificate is issued which will be accepted by the Sheriff?
§ Mr. HendersonAs I have already explained, the difficulty is that what is acceptable under English law has not been found to be acceptable under Scottish law.
§ Mr. Hector HughesDoes my right hon. and learned Friend realise that he can issue a certificate which will be acceptable to the Sheriff, and that, without such a certificate, the parties are put to enormous expense in laying title to their assets?
§ Mr. HendersonThe certificate used is one which has been agreed by the Registrar-General, and which has always been acceptable in the English courts.