HL Deb 20 July 1900 vol 86 cc618-9

[SECOND READING.]

Order of the Day for Second Reading read.

* LORD BALFOUR OF BURLEIGH

My Lords, this is a Bill of a legal, and therefore I think I may say of an almost entirely technical character. Its object is to remedy certain inconveniences which have been found to exist in the administration of executory estates in Scotland—to meet inconveniences arising from the fact of executors not possessing certain powers which have been conferred by statute upon trustees. The object of the Bill is to confer upon executors who derive their title directly or indirectly from a testator powers which have been conferred on gratuitous trustees by various Acts from 1861 to 1898. The Bill was drawn some years ago by a competent practitioner, and has been revised both by him and by a committee of practising lawyers. It has been generally approved by the Department over which I have the honour to preside, but up to this session it had not been found possible to give time in the other House of Parliament for its consideration. It has now passed through the other House of Parliament with the general consent of the Scottish lawyers who have seats in that assembly. It has been favourably reported upon by various legal societies in Scotland—namely, by the Society of Writers to the Signet, whose amendments have been incorporated in parts of the Bill, and also very favourably indeed by the Faculty of Procurators in Glasgow. It has the approval of the Treasury on the ground that it will facilitate administrative convenience. The only particulars in which this Bill is different in structure from the Bills which have been before Parliament in former years are contained in the second clause of the Bill. The Faculty of Procurators approve of the Bill as it now stands. I think that some members of the Faculty of Advocates are not so well satisfied with the change, but I have the assurance of the present Lord Justice General that he has come to approve of the Bill in its present form, and I hope that without material change it may pass your Lordships' House. I beg to move that it be now read a second time.

Bill read 2a (according to Order), and committed to a Committee of the whole House on Tuesday next.