HC Deb 08 August 1896 vol 44 cc230-1

(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 proceedings 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 he 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 exorcise 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 records which at that date are under the custody of the said court.

MR. ARTHUR STRAUSS (Cornwall, Camborne)

moved to leave out the words "as the Lord Chancellor may by order direct," and to insert instead thereof the words "as would be entitled to jurisdiction if the same had been included in the County Courts Act, 1888," the object of the Amendment being to provide that in future actions and petitions should be brought in the district where the mine is situated, where the defendant resided, and where the business had been transacted. The Stannaries Court was very unpopular on account of the great delay in encashing debts and liquidating accounts. The Court of Chancery was expedition itself as compared with it. But the greatest cause of unpopularity was the long distance which people had to traverse to bring their suits. Last year a similar Bill was brought in by Lord Herschell, and a deputation came up to see his Lordship on a memorial signed by managers and officials of mines and others interested in the mining industry of the Stannaries. This memorial submitted that it was desirable that the jurisdiction and powers of the Court of the Vice-Warden of the Stannaries should be transferred to and vested in the County Court at Redruth. The memorial further showed that at this moment, out of 13 important tin mines in the district eight were within the Redruth District, while there were only five situated in Truro District and one each in the districts of St. Austell and St. Ives. Further than this, the Mining Institute, the Mining School and the share market were in the district of Camborne and Redruth.


said he had made inquiries as to this subject, and found, in connection with some of the transfer business of the Stannaries Court, that it would not be convenient to have a hard-and-fast line drawn. He was satisfied that there was a large body of public opinion in Cornwall which did not altogether go in support of the view of the hon. Member. The question of the Court, and the place of the Court, would be carefully considered in the light of proceedings which might be instituted into the claims of Redruth and Camborne; and no assignment of business would be made without consulting the interests of those in the locality.

Amendment, by leave, withdrawn.

Prince of Wales' consent, as Duke of Cornwall, signified; Bill read the Third time, and passed.