HL Deb 03 August 1922 vol 51 c1122

[The references are to Bill No. 42.]

Clause 1, page 1, line 8, leave out ("who") and insert {"that officer")

Clause 1, page 1, line 15, leave out ("either already") and insert ("it the time of his appointment either")

Clause 1, page 1, line 17, after ("standing") insert ("the appointment of the Assistant Master shall be made by the Lord Chancellor").

Clause 2, page 1, lines 22 to 20, leave out, subsection (2) and insert the following new subsections:

("(2) Sections one hundred and thirty-three to one hundred and forty-three (inclusive) of the Lunacy Act, 1890 (as amended by any subsequent enactment), shall apply and extend to trustees and mortgagees who are criminal lunatics.

(3) The power of the High Court to make orders under sections one hundred and thirty-five to one hundred and forty-three (inclusive) of the said Act (as amended by any subsequent enactment) in relation to lunatics who are mortgagees shall extend to cases where—

  1. (a) the lunatic is a trustee of part only of the mortgage money, and notwithstanding that he is beneficially interested in any part thereof; and
  2. (b) the lunatic has become a trustee of the mortgaged property merely by reason of the mortgage money having been paid off;
and in those cases the Judge in Lunacy shall have no jurisdiction.

(4) Proceedings in the High Court under those sections one hundred and thirty-five to one hundred and forty-three (as amended) shall be entitled in the matter of the Trustee Act, 1893.")

Clause 1, page 2, line 31, at end insert the following new subsection: (2) This Act shall not apply to Scotland or Ireland.")

Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)

On-Question, Motion agreed to.