HL Deb 12 July 1888 vol 328 cc1051-3

Order of the Day for the House to be put into Committee, read.

Moved, "That the House do now resolve itself into committee upon the said Bill."—(The Earl of Onslow.)


said, he hoped that their Lordships would consent to push on this Bill, which dealt with two or three matters of the highest importance in the working of both the Patent Office and the Trade Marks Office. He did not think that any of the points dealt with would cause the slightest controversy, and he hoped that the measure would not have to be postponed even to an Autumn Session, as it dealt with matters which would not brook further delay.

Motion agreed to.

House in Committee accordingly.

Clauses 1 to 25, inclusive, agreed to.

Clause 26 (Jurisdiction of Lancashire Palatine Court).


said, that he had some objections to this clause. His principal objection was that it created the Palatine Court of Lancaster practically a branch of the High Court of Justice. Another objection was that it threw these cases into the Chancery Division, from which he was every day engaged in removing them to the Queen's Bench Division. He would ask his noble and learned Friend to strike out the clause.


said, that the course taken by the noble and learned Lord was very peculiar. He was under the impression that before its introduction the Bill was submitted to the noble and learned Lord for his consideration, and, under these circumstances, it was rather hard that he should have to stand up in defence of the clause instead of a Member of the Government. However, as Chairman of the Select Committee to which the Bill was referred, he was bound to say a word in defence of the noble Earl who represented the Board of Trade against the noble and learned Lord. He was quite satisfied that this clause was regarded as of the highest importance in Lancashire, and he did not believe it could cause the slightest injustice to anyone in its operation. Every witness from Lancashire examined by the Select Committee was in favour of introducing the provision.


said, it was entirely without example that a provincial Court of the kind should become a part of the High Court of Justice. The clause would confine those trials to the Court of Chancery, the effect of which would be to confine them to the Chancery Court of Lancaster. It seemed to him to be a Motion of a retrograde character. One word with reference to the authorship of the Bill. His noble and learned Friend, in truth, explained it when he said that those who framed the Bill did so on the recommendations of the Select Committee, of which his noble and learned Friend was Chairman. His noble Friend who represented the Board of Trade would be content to omit the clause, but he did not himself wish that it should be omitted without giving his noble and learned Friend an opportunity of expressing his opinion.


observed that there were several respects in which the recommendations of the Select Committee had been departed from. He was perfectly willing to support the Report of the Select Committee.


explained that on the second reading he stated that the Bill had been subjected to the criticism of the noble and learned Lord and of the Law Officers of the Crown. As far as he was concerned, he was prepared to accept the suggestion of the noble and learned Lord. He hoped before they arrived at the Report stage that some arrangement satisfactory to all parties might be arrived at.


said, he should recommend the Government to wash their dirty linen in private.

Clause agreed to.

Clause 27 struck out.

Remaining Clauses agreed to; House resumed: Bill to be printed as amended. (No. 211.)