§ Applications to a County Court for Determination of a Lease.
§ 1.—(1) An application to a county court for the determination of a lease under section forty of this Act shall be commenced by the entry of a plaint and shall be called an action.
§ (2) The applicant shall be the plaintiff and the other party to the lease shall be the defendant.
§ 2. Where the applicant is the lessee of any premises he shall join as plaintiff any person to whom he sublets, or has mortgaged, the premises and who consents in writing to be so joined, and as defendant any person to whom he sublets, or has mortgaged, the premises and who does not so consent.
456§ 3. It shall be the duty of the judge to be satisfied that all persons interested whose presence is necessary to enable him effectually and completely to adjudicate upon and settle all the questions involved in the action are before the court, and if necessary to adjourn the hearing to enable any such persons who are not already parties to the action to be joined as defendants.
§ 4. In default of any particular direction the costs of the action shall be taxed upon the scale prescribed for claims between £20 and £50.
§ 5. The County Court Rules for the time being in force shall apply so far as they are applicable and are not inconsistent with the provisions of this Act or of these temporary rules."
§ Mr. GREENWOODI beg to move, "That this House doth agree with the Lords with the said Amendment."
This Schedule is rendered necessary by the fact that it will not now be possible for the rules dealing with High Court procedure under Clause 1 and County Court procedure under Clauses 22 and 40 to be made by the time the Bill comes into operation. These rules are made by the rules committee of the High Court and by the County Court, and it will not now be possible to have the permanent rules completed in time. Therefore this temporary set of rules has been framed.
§ Remaining Lords Amendments agreed to.
§ Committee appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Bill.
§ Committee nominated of Captain Bourne, Mr. Ernest Brown, Mr. Compton, Mr. Greenwood, and Mr. Benjamin Smith.
§ Three to be the quorum.—[Mr. Greenwood.]
§ To withdraw immediately.
§ Reasons for disagreeing to certain of the Lords Amendments reported and agreed to.
To be communicated to the Lords.—[Mr. Greenwood.]