HC Deb 05 June 1882 vol 270 cc215-7

Further Consideration, as amended, resumed.

THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

said, the object of the new clause he was about to propose was to prevent the registration by an Inferior Court in Ireland of a certificate of a judgment for a sum beyond the jurisdiction of the Court. He did not apprehend that there would be any objection to the clause.

Amendment proposed, page 2, after Clause 6, to insert the following Clause:—

(Existing limits of local jurisdiction shall not be exceeded.) Nothing contained in this Act shall authorise the registration in an inferior court of the certificate of any judgment for a greater amount than might have been recovered if the action or proceeding had been originally commenced in such inferior court."—(Mr. Attorney General for Ireland.)

New Clause brought up, and read the first time.

Motion made, and Question proposed, "That the Clause be read a second time."

Amendment proposed to the proposed Amendment to add at the end— Provided, That where a judgment obtained in an inferior court in Scotland cannot be registered in an inferior court in England or Ireland, by reason of its being for a greater amount than might have been recovered if the action or proceeding had been originally commenced in such inferior court, it shall be competent to register a certificate of such judgment in the register directed to be kept in the Court of Common Pleas at Westminster and Dublin respectively, to be called the Register of Scotch Judgments,' by section three of 'The Judgments Extension Act, J 868,' in the same manner, to the same effect, and subject to the same provisions, as if the said certificate had been a certificate of an extracted decreet of the Court of Session, registered in the said register under the said Act."—(The Lord Advocate.)

Question proposed, "That those words be there inserted."

Amendment agreed to.

Clause, as amended, added to the Bill.

Amendment proposed: Clause 2, page 1, line 14, after "decreet," insert "civil bill decree, dismiss, or order."—(Mr. Attorney General for Ireland.)

Amendment agreed to.

THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

said, the Petty Sessions and Bankruptcy Courts in Ireland were not attached to the High Court of Justice; and, therefore, he proposed, in line 18, after "Justice," to insert "and, in Ireland, courts of petty sessions and the Court of Bankruptcy."

Question proposed, "That those words be there inserted."

Amendment agreed to.

Amendment proposed, In Clause 2, page 1, line 24, after "England," leave out "or Ireland," and insert "and in Ireland shall include the clerk of the peace or other officer whose duty it is to enter the judgment, decree, or order of the Court."—(Mr. Attorney General for Ireland.)

Amendment agreed to

Amendment proposed, In Clause 4, page 2, line 21, after "proceedings," insert "and in Ireland a decree, dismiss, or order, as the case may be."—(Mr. Attorney General for Ireland.)

Amendment agreed to.

Amendment proposed, In Clause 4, page 2, line 21, after "had," insert "issued."—(Mr. Attorney General for Ireland.)

Amendment agreed to.

Amendment proposed, In Clause 4, page 2, line 25, after "be," insert "added to and."—(Mr. Attorney General for Ireland.)

Amendment agreed to.

Amendment proposed, In Clause 4, page 2, line 26, after "judgment," insert "No certificate of any such judgment shall he registered as aforesaid in any inferior court in the United Kingdom more than twelve months after the date of such judgment, unless by order of the court in which it is sought so to be registered."—(Mr. Attorney General for Ireland.)

Question proposed, "That those words be there inserted."

MR. WARTON

suggested that the last line of the Amendment should not be inserted.

THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

said, the object of the Amendment was simply to place all judgments in Inferior Courts in the same position at the expiration of 12 months.

MR. BIGGAR

asked, whether it was not the fact that when a decree was to be renewed at the end of 12 months, the party intending to make the application for a renewal gave Notice of that intention? Under this Amendment a renewal might be obtained behind the back of the other party, without notice. It seemed to him that if this provision was to stand in its present form further words should be added, binding the plaintiff to give notice to the defendant.

THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

explained that further words would not be necessary.

Amendment agreed to.

Amendment proposed, in page 2, leave out Clause 7.—(Mr. Attorney General for Ireland.)

Amendment agreed to.

Amendment proposed, in Clause 8, page 3, line 5, after "be," insert "respectively."—(Mr. Whitley.')

Amendment agreed to.

Amendment proposed, in Clause8, page 8, line 6, after "Courts," insert "and Inferior Courts of Eecord."—(Mr. Whitley.)

Amendment agreed to.

Amendment proposed, In Clause 8, page 3, at end of Proviso, leave out "unless to the effect specified in section seven of this Act."—(The Lord Advocate.)

Amendment agreed to.

Bill to be read the third time Tomorrow.