HC Deb 31 August 1914 vol 66 cc433-5

(1) This Act may be cited as the Courts (Emergency Powers) Act, 1914.

(2) In the application of this Act to Scotland the Court of Session shall be substituted for the High Court and also for the Lord Chancellor. "Act of Sederunt" shall be substituted for "rules," "a petition for sequestration" shall be substituted for "a bankruptcy petition," "diligence" shall be substituted for "execution," "decree" shall be substituted for "judgment or order," and the sheriff shall be substituted for the County Court.

(3) In the application of this Act to Ireland the Lord Chancellor of Ireland shall be substituted for the Lord Chancellor.

(4) His Majesty may, by Order in Council, at any time determine the operation of this Act, or provide that this Act shall have effect subject to such limitations as may be contained in the Order; but, subject to the operation of any such Order in Council, this Act shall have effect during the continuance of the present War, and for a period of six months thereafter.


I beg to move, in Sub-section (2), after the word "order" ["judgment or order"], to insert the words

"and shall be deemed to include any warrant authorising diligence. 'Creditor in a heritable security' shall be substitute for "mortgagee," and proceedings in removings and ejections in the case of subjects let at a rent not exceeding twenty-one pounds shall be substituted for 'proceedings for the recovery of possession of tenements under the Small Tenements Recovery Act, 1838."

This Amendment will facilitate the working and adapt the terminology to Scotland. In considering the Amendment I had the advantage of the advice and assistance of the right hon. Gentleman the Member for the Central Division of Glasgow (Mr. Scott Dickson).

Amendment agreed to.

Clause, as amended, added to the Bill.

Motion made, and Question proposed, "That the Bill, as amended, be reported."

6.0 P.M.


As this Bill is going to be reconsidered in some respects on Report, may I ask the Attorney-General, in connection with the power to give relief against payment of rates, will he consider whether the word "person "in the opening of Clause 1 really covers an authority which has power to make and levy rates? I have considerable doubts on the subject, and I hope the right hon. Gentleman will consider it.



Question put, and agreed to.

Bill reported.

As amended, considered.


Carrying out an arrangement which we made just now, I have some words to move, the object of which is to bring within the scope of the Bill certain cases where industrial assurance policies might otherwise lapse for non-payment of premium.

Amendment made: In Sub-section (1) (b), after the word "deposit" ["or forfeit any deposit"], insert the words or enforce the lapse of any policy of insurance to which this Sub-section applies."

At the end of Sub-section (1) insert the words,

"This Sub-section applies to life or endowment policies for an amount not exceeding twenty-five pounds or payments equivalent thereto the premiums in respect of which are payable at not longer than monthly intervals and have been paid for at least two years preceding the 4th day of August, 1914."


An Amendment was inserted just now in Committee in the name of the Chancellor of the Exchequer providing that the Sub-section should not apply to future contracts, but owing to the fact that we made an exception as to rents, instead of the Clause reading "applies to all sums of money except sums," we propose that it should read "This Sub-section shall not apply to any sums."

Further Amendments made: In Subsection (2) leave out the words "and final" ["and final discretion"]. In Subsection (3) leave out the words "and final."

Amendment made to Amendment agreed to in Committee: Leave out the words "applies to all sums" ["This Subsection applies to all sums"], and insert instead thereof the words "This Subsection shall not apply to any sum."

Motion made, and Question, "That the Bill be now read the third time," put, and agreed to.

Bill read the third time, and passed.