§ Bill considered in Committee.
§ (In the Committee.)
§ Clause 1 (Short title).
§ COLONEL ALEXANDERasked, in reference to what was said last night by the Lord Advocate, whether it was intended to provide compensation for the messengers-at-arms, who would, by the Bill, be deprived of a considerable portion of their income?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)said, he was afraid it would not be in the power of the Government to give any compensation to that very meritorious class of persons, whose gains would be undoubtedly diminished by the Bill. It was, unhappily, one of the results of beneficent legislation that it did, in many cases, to some extent take away from the emoluments of certain classes of persons. That was certainly one of the results of the change now proposed; but he was afraid the Bill could not be abandoned on that account. It must be kept in view that under the terms of the Bill a messenger-at-arms could be employed, if it was thought fit to do so.
§ Clause agreed to.
§ Clause 2 agreed to.
§ Clause 3 (Citation may be by registered letter.)
§
On the Motion of The Lord ADVOCATE, Amendments, made in page 1, line 13, by leaving out "a court of justice," and inserting—
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Any court or before any person or body of persons having by Law power to cite parties or witnesses;
in line 15, after "witness," by inserting "or warrant of service or judicial intimation;" and in line 15, by leaving out "court," and inserting—
The court from which such summons, warrant, or judicial intimation was issued, or other officer who, according to the present Law and practice, might lawfully execute the same.
§ MR. WARTON (for Mr. BIGGAR)moved to leave out, in lines 15 and 16, "or a law agent." He did not think the House was sufficiently careful of vested interests. These messengers-at-arms had now certain gains; but through no fault of theirs they were to be deprived of them, or the major part of them. He hoped men of all Parties would see the cruel injustice of depriving people of rights that they had hitherto enjoyed.
§ Amendment proposed, in page 1, lines 15 and 16, to leave out "or a law agent."—(Mr. Warton.)
§ Question proposed, "That the words proposed to be left out stand part of the Clause."
MR. DICK-PEDDIEasked the Lord Advocate if it was not possible to put words in the Bill which would preserve the rights of messengers-at-arms in districts where they existed.
§ THE SOLICITOR GENERAL FOR SCOTLAND (Mr. ASHER)said, the Government could not accept the Amendment, or even make such alterations as had been suggested by his hon. Friend (Mr. Dick-Peddie). The principle of the Bill was to substitute notices by registered letter for the former execution by messengers-at-arms. If that was a sound principle it would be inexpedient to frustrate it by requiring the intervention of a messenger-at-arms for the purpose of posting a letter. If a notice by a letter posted and registered was a sufficient method for giving notice of citation, surely the act of posting and registering the letter could be accomplished as well by a law agent as by a messenger-at-arms. One of the advantages of the proposed change was that the new procedure would be much less expensive than hitherto. Provision was made against an abuse of the alternative power by limiting the rate of charge to that of the less expensive method, even 1619 although the more expensive method might be adopted.
§ Question put.
§ The Committee divided:—Ayes 49; Noes 14: Majority 35. — (Div. List, No. 330.)
§ MR. STUART-WORTLEYsaid, the Bill proposed to use means for the delivery of writs which could only be described as somewhat risky. He thought that provision should be made for sending the writ through the post enclosed in a registered letter. The right hon. and learned Gentleman must be aware that great delay arose from both trains and steamers stopping, apparently without any reason, at unusual places in Scotland. He moved the omission of all the words from line 27 to the end of the sub-section.
§
Amendment proposed,
In page 1, line 27, to leave out all the words to the end of the sub-section. — (Mr. Stuart-Wortley.)
§ Question proposed, "That the words proposed to be left out stand part of the Clause."
THE LORD ADVOCATE (Mr. J. B. BALFOUR)said, he opposed the Amendment on the ground that they had already agreed to allow a margin of 24 hours to be introduced into the Bill. Although exceptional delay sometimes occurred in reaching the remoter parts of Scotland, he thought the period named was, on the whole, a very fair one, and trusted the hon. Member opposite would, on reconsideration, not press his Amendment.
§ Amendment, by leave, withdrawn.
§
On the Motion of The Lord Advocate, the following Amendments made: —In page 1, line 15, leave out "a," and insert "by an enrolled;" line 17, leave out "such person," and insert "the person upon whom such summons, warrant, or judicial intimation is to be served;" line 18, after "citation," insert—
Or to the office of the Keeper of Edictal Citations, where the summons, warrant, or judicial intimation is required to be sent to that office;
line 19, leave out "citation or;" line 20, leave out "or notice;" line 21, after "served," insert—
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With the proper citation or notice subjoined thereto, or containing such other citation or notice as may be required in the circumstances;
and in line 23, after "business," insert—
Or at his last known address, if it continues to be his legal domicile, or other place of citation.
§ Clause, as amended, agreed to.
§ Clause 4 (Execution).
§
On the Motion of The Lord Advocate, the following Amendments made: —In page 1, line 26, after "copy," insert "or other citation or notice required in the circumstances;" line 28, after "appear," insert "or lodge answers or other pleadings;" line 29, after "appearance," insert "or lodging answers or other pleadings; "page 2, line 1, after "from," insert "twenty-four hours after;" line 6, leave out "of court," and insert, in new line, "The execution may be in the form contained in the First Schedule hereto;" line 10, leave out "summons or;" after "to," insert, "or intimation from;" line 12, after "and," insert "office or;" line 14, leave out "cannot;" after "be," insert"not;" line 18, after "refused," insert—
Or because the address is not within a postal delivery district and the letter is not called for within twenty-four hours after its receipt at the post office of the place to which it is addressed;
line 22, leave out "who applied for," and insert "at whose instance; "leave out "or;" after "warrant," insert "or intimation was issued or obtained;" after "shall," insert "where the order for service was made by a judge or magistrate;" line 24, leave out "or;" after "warrant, "insert" or intimation;" and in line 35, after "the," insert "second."
§ Clause, as amended, agreed to.
§ Clause 5 (Fees).
§ On the Motion of The LORD ADVOCATE, the following Amendment made: —In page 2, line 38, after "citation," insert "and warrants of service judicial intimations."
§ Clause, as amended, agreed to.
§ On the Motion of The Lord Advocate, the following Clause inserted after Clause 5:—
1621§ "(Definition.)
§
The word 'person' shall include corporation, company, firm, or other body requiring to be cited or to receive intimation.
§ On the Motion of The LORD ADVOCATE, the following Amendments made:—In Schedule, page 3, line 4, before "Schedule," insert "Second;" after line 12, insert in new line—
§ "(3.) Post Office charge for registration and postage of letter;"
§
line 26, after "and," leave out "debt," and insert "debts;" and after line 33, insert in new line—
(3.) Post Office charge for registration and postage of letter.
§ On the Motion of The LORD ADVOCATE, the following Schedule was also inserted:—
§ "First Schedule.
§
This summons, or warrant of citation, or note of suspension, or petition, or other writ or citation executed [or intimated] by me [insert name] messenger at arms [or other officer or law agent] against [or to] [insert name or names] defender [or defenders, or respondent or respondents, or witness or witnesses, or haver or havers, or otherwise as the case may be], by posting on last, between the hours of and at the post office of a copy of the same to him [or them], with citation [or notice] subjoined, [or citation or notice where no copy is sent], in a registered letter [or registered letters], addressed as follows, viz.;
Signature of officer or agent.
§ Bill reported, with Amendments; as amended, to be considered upon Monday next.