CLAUSE 1.—(Restriction of right of mortgagee to possession of mortgaged land.) (Hansard, 20 September 1939)

I beg to move, in page 2, line 4, at the end, to insert, "or delivery."

I move this as a manuscript Amendment, and perhaps it would be convenient, although it is purely a drafting Amendment to cover a point raised in the next Amendment—a much longer one—if I said at once what the point is. Since we drafted the Bill we have been reminded that there are two possible proceedings for the recovery of land. There is the old process known to Equity as a writ of possession, that is, a writ for delivery. There is the alternative method of an action for recovery of possession. It is conceivable, and I do not want to have any more loopholes at this stage, that somebody may hereafter say that an action for recovery of possession was a different thing from proceeding under a writ for recovery. To make assurance doubly sure we propose to insert these words and to make a later and more substantial Amendment at the end of Clause 2.