HC Deb 20 January 1943 vol 386 c235W
Mr. Cluse

asked the Attorney General, in view of the increase in the number of applications for possession, following the issue of certificates by county war agricultural executive committees, and seeing that there is a great dearth of cottages in rural districts, whether he will consider the advisability of circularising county court judges and benches of magistrates, particularly in rural areas, to remind them that they are not bound to act upon the certificate and they must determine whether the grounds upon which possession of the cottage is required are reasonable or not?

The Attorney-General

My Noble Friend does not think it necessary or desirable that he should issue circulars to county courts for the purpose of reminding them of their powers and duties under the enactment to which the hon. Member refers. The enactment speaks for itself, and if the construction were ambiguous, it would be for the courts to interpret it. To avoid misunderstanding it is I think right to say that a circular is being issued to county court judges about this enactment to draw their attention to a recent decision of the Court of Appeal which had not so far been reported. That is of course quite a different case.