HL Deb 24 July 1890 vol 347 cc681-3

House in Committee (on Re-commitment) (according to order).

Clause 3.

A verbal Amendment made.

Clause 5.

THE LORD CHANCELLOR

There was one point with regard to Clause 5 to which I had desired to call the attention of my noble and learned Friend; but it is too late now, I think, before the final stage of the Bill is reached. This is an Act to amend the Judicature Act of England, and I am unable to see what possible benefit can be gained by applying it to Scotland or Ireland.

LORD HERSCHELL

It is to amend the Supreme Courts of Judicature Acts. There is nothing in the body of it confining the Bill to England, and it might be held to apply to Ireland but for those words.

THE LORD CHANCELLOR

It certainly could not be held to apply to Scotland.

LORD HERSCHELL

Perhaps if you say Scotland you say Ireland too.

Clause agreed to.

Clause 6.

THE LORD CHANCELLOR

The clause I now propose to move, if my noble and learned Friend has no objection, is with regard to the question which was raised the other night with reference to another Bill concerning costs being granted under the Judicature Act; but it appears to me this is not a fitting opportunity to settle any doubt upon that point, and I will, therefore, not move it if my noble and learned Friend will allow a little time for considering it. What I propose is that, subject to the rules of the Judicature Act, the costs of and incident to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the Court or Judge, and that the Court or Judge shall have full power to determine by whom and to what extent such costs shall be paid.

LORD HERSCHELL

If my noble and learned Friend will allow me, I should like to see that in print before I say anything with regard to it.

THE LORD CHANCELLOR

By all means; then, I will move it now.

Amendment moved, after Clause 4, to insert as new clause— Subject to the Supreme Court of Judicature Acts, and the rules of court made thereunder, and to the express provisions of any Statute, whether passed before or after the commencement of this Act, the costs of and incident to all proceedings in the Supreme Court, including the administration of estates and trusts, shall be in the discretion of the court or judge, and the court or judge shall have full power to determine by whom and to what extent such costs are to be paid."—(The Lord Chancellor.)

Agreed to.

Report of Amendments to be received on Monday next.