HC Deb 24 February 1881 vol 258 cc1646-7
MR. B. T. WILLIAMS

asked the Attorney General, Whether his attention has been called to the suggestion made by the Incorporated Law Society to the Legal Procedure Committee now sitting, which in effect recommends that the summary procedure by Order XIV. Rule 1, should be extended to actions for the recovery of land; and, whether the Judges have the power, under the Judicature Acts, to pass rules which would enable the landlords of England and Wales to evict their tenants, and to cause a forfeiture of their leases, by a summary process upon affidavits at Judges' Chambers, and without the verdict of a jury?

THE ATTORNEY GENERAL (Sir HENRY JAMES),

in reply, said, he thought his hon. and learned Friend misunderstood the effect of the Order. Even if that Order could be extended to actions for the recovery of land, there could be no summary eviction in any case where the tenant could show any defence. He did not know what course might be taken by the Judges with regard to the passing of such Rules as those to which the Question referred; but if Rules were passed they would have to be laid on the Table of the House.