HC Deb 27 April 1882 vol 268 cc1632-4

Bill considered in Committee.

(In the Committee.)

Clause 1 agreed to.

Clause 2 (Interpretation of Terms).

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

moved, in page 2, line 27, at end, to add— The expression 'person' shall include any party or parties to a cause in any inferior court in England, Scotland, or Ireland; the expression 'plaintiff' shall include pursuer, corn-plainer, or any person at whose instance any action or proceeding in an inferior court is instituted, and the expression 'defendant' shall include defender, respondent, or other person against whom any such action or proceeding is directed; the exprsssion 'action' shall mean the action or other proceeding in which any judgment was pronounced, and the expression 'summons' shall mean the summons or other initial writ in such action.

Amendment agreed to; words added.

Clause, as amended, agreed to.

Clauses 3 and 4 agreed to.

Clause 5 (Jurisdiction over registered judgments limited to execution).

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

moved, in page 2, line 28, after "shall," to insert "in so far as relates to execution under this Act."

Amendment agreed to; words inserted.

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

moved, in page 2, line 32, to leave out "but in so far only as relates to execution under this Act."

Amendment agreed to; words left out.

Clause, as amended, agreed to.

Clauses 5 to 7, inclusive, agreed to.

Clause 8 (Rules).

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

moved, in page 3, line 7, after "Ireland," to add— Provided, That the said rules and regulations shall not extend the jurisdiction of any inferior court, unless to the effect specified in section seven of this Act.

Amendment agreed to; words added.

Clause, as amended, agreed to.

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

moved, after Clause 6, to insert the following Clauses:— This Act shall not apply to any judgment pronounced by any inferior court in England against any person domiciled in Scotland or Ireland, unless the cause of action shall have arisen, or the obligation to which the judgment relates ought to have been fulfilled, within the district of such inferior court, and the summons was served upon the defendant personally within the said district, nor to any judgment pro- nounced by any inferior court in Scotland against any person domiciled in England or Ireland, unless the cause of action shall have arisen, or the obligation to which the judgment relates ought to have been fulfilled, within the district of such inferior court, and the summons was served upon the defendant personally within the said district, nor to any judgment pronounced by any inferior court in Ireland against any person domiciled in England or Scotland, unless the cause of action shall have arisen, or the obligation to which the judgment relates ought to have been fulfilled, within the district of such inferior court, and the summons was served upon the defendant personally within the said district. Provided, That it shall be competent to any person against whom any judgment to which this Act does not apply, as aforesaid, is sought to be enforced by registration in the register of an inferior court in England or Ireland, to apply for and obtain from one of the superior courts of England or Ireland, a prohibition or injunction against the enforcement of such judgment, and of any execution thereupon; and that it shall be competent to any person against whom any judgment to which this Act does not apply, as aforesaid, it sought to be enforced by registration in the register of an inferior court in Scotland, to apply for and obtain from the Bill Chamber or Court of Session in Scotland, suspension or suspension and interdict of or against the enforcement of such judgment and any diligence thereon, and in any such proceeding as aforesaid the unsuccessful party may be found liable in costs.

MR. WARTON

thought it would be well if the phrase "unless the cause of action shall have arisen" were to read "unless the whole cause of action,&c." He need not remind his legal Friends that there were many different opinions in the Courts as to what constituted a cause of action.

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

said, he would assent to the insertion of the word.

Amendment to proposed Amendment agreed to.

THE LORD ADVOCATE (Mr. J. B. BALFOUR)

said, he supposed the hon. and learned Member would propose to introduce the same word throughout the clause?

MR. WARTON

Certainly.

Further Amendments made.

Clauses, as amended, agreed to, and ordered to stand part of the Bill.

House resumed.

Bill reported; as amended, to be considered To-morrow.