Lords Sitting of 12 March 1867

MINUTES.
PUBLIC BILLS—First Reading—Shipping Local Dues* (41); Duty on Dogs* (42); Railway Traffic Protection (43).
Second Reading—Recovery of Certain Debts (Scotland) (14).

RAILWAY TRAFFIC PROTECTION BILL.

  PRESENTED. FIRST READING.
  LORD REDESDALE,in presenting a Bill for securing the traffic on railways from interruption by the creditors of companies, said, that at this moment very great apprehension was felt by certain railway companies lest proceedings might be taken against them by individual creditors, which would have the effect of stopping the working of their lines. An inquiry was going on in "another place" on this subject, and it was extremely desirable that no steps should be taken by any individual while that inquiry was pending, which might tend to the inconvenience of the public, or to the injury of the general body of the creditors of those companies. The Bill which he begged to lay on the table would suspend the power of proceeding against railway companies until the 1st of August, with the intention of the measure being renewed by that time, or modified by legislation of a different character. In that way great relief would be given, and railway property would be secured from invasion by single creditors.
  A Bill for securing the Traffic upon Railways from Interruption by the Creditors of Companies—Was presented by The Lord REDESDALE; read 1ª. (No. 43.)

RECOVERY OF CERTAIN DEBTS (SCOTLAND) BILL—(No. 14.)
(The Lord Chancellor.)
RECOVERY OF CERTAIN DEBTS (SCOTLAND) BILL—(No. 14.)

  SECOND READING.
  Order of the Day for the Second Reading read.
  THE LORD CHANCELLOR,in moving the second reading of this Bill, said, it was one which was likely to be favourably received in Scotland. He had himself presented a petition in its support from the Scottish Trade Protection Society, signed by 1,500 merchants, bankers, manufacturers, and tradesmen; and a noble and learned Friend near him had also presented a petition in favour of it from the Chambers of Commerce in Scotland. He was not aware that any petition had been presented against the measure except one; but the interests of the law agents in Scotland—whose opposition was not unnatural—he was convinced would not be injured by the change. The provisions of the Bill, their Lordships would find, were very simple. Under the Small Debts Act in Scotland, the Sheriff had a jurisdiction
  1700
  to the extent of £12. These powers of the Sheriff Court had, he believed, been very efficiently exercised; and there had been in consequence a great desire felt in Scotland that the jurisdiction of the Sheriff in the recovery of debts should be extended to the amount of £50. The present Bill was introduced for the purpose of meeting that wish as to a certain class of debts—those, namely, where the creditor was compelled to bring his claim within three years. This class of debts was very well known, and had been established by judicial decisions, and included merchants' accounts, servants' wages, and other matters of that sort. Under the law as it stood, the decision of the Sheriff, whether principal or substitute, was final; but there was an appeal in some cases from the Sheriff Substitute's Court to the Sheriff, whose decision was final. It was proposed in this Bill that the same summary jurisdiction which exists under the Small Debt Acts should be extended to £50; but it was also proposed that there should be still an appeal to the Sheriff from the Sheriff Substitute in cases where debt was between £12 and £25; and with regard to cases in which the claim was over £25, there should be an appeal to the Court of Session. With regard to appeals from the decision of the Sheriff Substitute to the Sheriff, it was provided by the Bill that there should be no appeal unless either of the parties, before any evidence has been taken, shall make requisition that a note of the evidence be taken. He believed that the extension of jurisdiction would not only be extremely satisfactory to the classes of Scotch people interested, but that the expenses also of recovering small debts would thereby be considerably diminished. He was told that obtaining a decree, in absence of a defence, costs under the present system 40 s.; whereas, under the provisions of the present Bill, should it become law, it will be obtained for a debt of £20, at the cost of 5s., if no law agent should be employed, and an additional 5s. should the services of an agent be retained; and 10 s. for a debt between £25 and £50. It was proposed that this extended jurisdiction should not be compulsory, and that if a Sheriff, before whom a claim might be brought, should think that the case was not one which ought to be dealt with in a summary manner, then he would have power to remit the case to his ordinary jurisdiction, as though this Bill had not become law. There were

  1701
  other details of a technical character; but he need not trespass on their time by discussing them, especially as there was ample evidence before their Lordships of the existence of a very general, almost unanimous, desire in Scotland in favour of the measure.
  Motion agreed to: Bill read 2ª accordingly, and committed to a Committee of the Whole House on Thursday next.

BRITISH NORTH AMERICA BILL.
(The Duke of Buckingham and Chandos.)
BRITISH NORTH AMERICA BILL.

  (NO. 38.) COMMONS AMENDMENTS.
  Commons Amendments considered (according to Order.)
  LORD LYVEDENsaid, he desired some information with regard to a collateral subject—the Imperial guarantee of the loan for constructing the Intercolonial Railway.
  THE DUKE OF BUCKINGHAMsaid, that a Resolution on the subject would be laid before the House of Commons within a week, and it was proposed to defer the progress of the present Bill until the discussion had taken place on that Resolution.
  LORD REDESDALEasked whether the guarantee was to be permanent or for a term of years?
  THE DUKE OF BUCKINGHAMsaid, that he must defer his answer to these questions of detail until a Bill founded on the Resolution should have been laid on the table of the other House.
  Amendments agreed to.
  House adjourned at half past Five o'clock, to Thursday next, half past Ten o'clock.