SOLICITOR TO THE OFFICIAL ASSIGNEE.

New Zealand Herald, Volume XXIX, Issue 9013, 19 October 1892, Page 3

SOLICITOR TO THE OFFICIAL ASSIGNEE.

TO THE EDITOR. Sir, —It was announced yesterday in a telegram from Wellington that an amalgamation of the offices of the Crown Prosecutor and solicitor to the Official Assignee was to take place in the person of Mr. J. A. Tole, the recently-appointed Crown Prosecutor. This statement is misleading, inasmuch as the proposed arrangement is not an amalgamation, but the creation of a new " Government billet." Under the present Bankruptcy Act the appointment of solicitor to the Official Assignee is left to the discretion of the Official Assignee, who, subject to the general control of creditors, can employ anyone he pleases. The new Act makes no change iin this respect, but authorises the Official Assignee to employ a solicitor for the ordinary business of winding-up and administering of an estate. It contains no provision empowering the Government to appoint an official solicitor to bankruptcy estates. In the case of prosecutions under the penal clauses, the conduct of the proceedings is very properly given to the Crown Prosecutor, and the expenses is borne by the Crown. The new arrangement is an infringement of the rights of creditors, who, as they have to bear the cost, are clearly entitled to a voice in the appointment of solicitor to a bankrupt estate, in fact, they can if they think fit, by resolution require the Official Assignee to employ their nominee. I trust that creditors; will, by their action in the future, protest against this attempted Government interference, and will act on the above hint and take steps to ensure that their interests are entrusted to the best man and not to one who is in no way accountable to them for the advice he may tender, or the action he may take. Is Mr. Tole, as further compensation, to have handed over to him all the other Government business in Auckland, to wit solicitor to the Customs, solicitor to the railway department, solicitor to the Public Trustee, etc., etc.? Rumour says so. Truly it .is better to be born lucky than rich. —I am, etc., J 3 | Auckland, October 18,1892.