HC Deb 18 June 1852 vol 122 c928

Order for Third Reading read.


moved the insertion of clauses—I. Providing for the service of process on a defendant who should be living out of the jurisdiction of the court; 2. That when personal service was not practicable, the Judge should have the power to direct service by way of advertisement; 3. That no process of contempt should issue for non-appearance; but that in case the defendant should not appear, the plaintiff should be at liberty to proceed as if he had appeared; 4. That all pleas, answers, &c, in any Chancery suit, or acknowledgments of deeds, might be sworn in Scotland, Ireland, or the Colonies, before any Judge, &c, authorised to administer oaths in such country, colony, ? or before any consuls, &c, in foreign parts; 5. That all persons swearing before such authorities should be liable to the same penalties as were imposed for false swearing before the persons now by law authorised to administer oaths; and, 6. That any person who should forge the signature or seal of any such Judge should be guilty of felony.


said, that every Lord Chancellor had the power of enforcing that which was proposed by the hon. Baronet in his first three clauses. It was not therefore necessary to adopt them; but with regard to the last three resolutions, he thought they would be an improvement to the Bill.

Clauses added to the Bill.


suggested a clause to provide for an additional payment to the examiners, who would under this Bill be required to examine witnesses orally, instead of, as heretofore, by written interrogatories: agreed to.


consented to the introduction of the clause, which provided that the Lord Chancellor might increase the salaries of the examiners, in consideration of the increased duties by the taking of depositions orally.

Bill read 3°, and passed.