CONFIRMATION OF EXECUTORS, &c., BILL. (Hansard, 13 July 1858)

§ LORD CRANWORTH
warned their Lordships that the use of the word "domicile" in the Bill would give rise, ere long, to many doubts and the greatest possible confusion and litigation. He would strongly recommend that the Bill should be referred to a Select Committee. He would move that their Lordships disagree to the clause.

THE LORD CHANCELLOR
feared that if this Bill were sent to a Select Committee, where it would be considered more in the light of English than of Scottish law, they would have an English instead of a Scotch Bill. The Faculty of Advocates had thoroughly examined the Bill, and he might state that no difficulty whatever existed 1354 regarding it in Scotland. His noble and learned Friend proposed that an Amendment should be introduced into the third clause, by which, as was originally proposed in the Bill, executors should have an option of going either before the county or the Edinburgh Commissary. There was, however, no central Commissary Court in Scotland. The Sheriff of Edinburgh had no more power as Commissary than any other sheriff. This state of things had existed since 1830, previous to which the Sheriff of Edinburgh had a commissarial power over the counties of Haddington and Linlithgow, and no complaint had ever been made of the alteration which then took place. To enable parties to go to Edinburgh would be attended with great inconvenience, and he hoped his noble and learned Friend would not propose the Amendment of which he had given notice.

§ LORD CRANWORTH
said, he held it to be of the highest importance in matters of this kind that there should be in Scotland, as in England, a tribunal to which persons might resort for a grant of executorship about the validity of which there could be no possibility of doubt or question; and he thought by far the wisest course would be to refer that part of the Bill to the consideration of a Select Committee.