HC Deb 03 August 1896 vol 43 cc1411-3

(1.) On the commencement of this Act the Court of the Vice-Warden of the Stannaries shall cease to exist except for the purpose of continuing and concluding proceeding's pending in that Court at that date, and as from that date all jurisdiction and powers of the said court and its officers shall, except as aforesaid, be transferred to and vested in such of the county courts as the Lord Chancellor may by order direct, and be exercised subject to and in accordance with rules of court for regulating the procedure in county courts.

(2.) Provision may be made by order of the Lord Chancellor—

  1. (a) for determining by, to, or before what officer, or in what office, may be done anything required to be done by, to, or before any officer or in any office of the said court of the Vice-Warden;
  2. (b) for transferring to a county court any proceedings pending in the said court at the commencement of this Act;
  3. (c) for determining the place of sitting for the exercise of any jurisdiction transferred by this Act;
  4. (d) with respect to the use and disposal of any property which at the commencement of this Act is held for the use of the said court or of any officer of the said court, and of any room or building which at that date is appropriated for the use of the said court or of the Vice-Warden, officers, and suitors thereof; and
  5. (e) with respect to the custody of any re records which at that date are under the custody of the said court.


said that, as no discussion had taken place on this Bill, he should move the omission of the clause. There were many grounds of objection to the proposals contained in the clause, which the hon. Member then proceeded to read.


said the hon. Member was not entitled to trifle with the House by reading the Clause.


said that, in that case, he would content himself by moving that the clause be left out, on the ground that it ought not to be proceeded with at that late hour. [Cries of "Order!"] He hoped the Bill would be fought line by line. [Laughter.]

MR. SAMUEL EVANS (Glamorgan, Mid)

said his hon. Friend behind him had, no doubt, not been able to give many reasons for moving to omit the clause. ["Hear, hear!" and laughter.] But when a Bill was brought on unexpectedly, and at that late hour, it was not always easy to find reasons off-hand. ["Hear, hear!"] It was a difficult thing sometimes to follow a lot of small Bills one after another. Nevertheless, there were many reasons, and valid reasons, why this clause should be omitted. In one respect the clause was novel in Parliamentary procedure. In the first place they proposed that the Stannaries Court—a very old court—should be done away with entirely. That might be a good thing or a bad thing to do; he thought it was a bad thing. The Stannaries Court had done good work, and he thought it was a mistake to abolish a special court of this kind. The clause enabled the Lord Chancellor by his mere order to determine who was to do the work of the Court. It might be a good thing to do away with the Court and abolish the Vice-warden, but nobody would suggest that the Lord Chancellor should be able to set up a Court of his own. The Lord Chancellor had a great deal of patronage and power already, but he was not aware of a single Act of Parliament which enabled him to set up an entirely new Court and jurisdiction in place of a Court and jurisdiction which had been abolished. He trusted the Committee would withhold its approval of the clause.


said it was quite evident hon. Gentlemen opposite intended to raise a great many interesting points, and, therefore, he begged to move "That the Chairman do report Progress and ask leave to sit again."


said he and his hon. Friends would agree to report Progress, but he wished to protest against the Bill being taken at this late period of the evening.


asked if they were to understand that when Progress was reported, the Government would consent to the adjournment of the House?


said there was the Expiring Laws Bill which they might take. ["No, no!"] At all events he did not think they ought to sit long.

Committee report Progress; to sit again To-morrow.