§ Bill read 3a (according to order).
§ Moved, "That the Bill do pass."—(The Lord Chancellor.)
LORD DENMANsaid, that, under Section 11 of the Judicature Act, any Judge appointed before the passing of the Act was to have all the privileges and patronage he had before the Act, with regard to Circuit business; but it was now proposed to regulate it without reference to the position and privileges of the senior Judges, whether Chiefs or Puisne Judges. He would, therefore, have proposed, had the Bill been in Committee, as an Amendment, that those of the existing Judges who were appointed before the Judicature Act should not be deprived of their patronage; also, that the Clerks of Assize should have power to appoint their subordinates.
THE LORD CHANCELLORsaid, he was sorry that it had been thought by 1915 some of the Judges that the Bill interfered with some rights of patronage that they then possessed. Most certainly, he had no intention whatever of depriving the Judges referred to of their patronage; and in order to make that perfectly clear, he would insert an Amendment in the clause dealing with that matter (Clause 6), to the following effect:—
Provided, That nothing in this Act shall take away or affect any powers of appointment now vested by law in any Judge appointed before the passing of the Judicature Act, 1873.With regard to the Clerks of Assize, he could not assent to such an Amendment as proposed being inserted in the Bill.
§ Amendment agreed to.
§ Motion agreed to.
§ Bill passed, and sent to the Commons.
§ House adjourned at a quarter before Eight o'clock, till To-morrow, a quarter past Ten o'clock.