HL Deb 18 February 1895 vol 30 c938

THE LORD CHANCELLOR moved the Second Reading of a Bill to amend the Act which gives to County Court Judges power to grant certificates to persons authorising them to levy distress, and which imposed a penalty for distress made by unauthorised persons. The Act enabled the County Court Judge to cancel the certificate of any bailiff in case of violence, extortion, or misconduct. It had been thought by some that the word "misconduct," when taken in conjunction with the preceding words, did not give the County Court Judge power to cancel the certificate in case of nonpayment or other offences by the bailiff, but only if there had been something in the nature of violence or extortion. Now, there might be repeated acts which, though no one of them could perhaps be said to involve misconduct, yet nevertheless indicated that he was not a fit person to carry out a distress, and hardship and trouble might in consequence be brought upon the poor. The Bill accordingly proposed that the County Court Judge who granted the certificate should also have power to cancel it. The Bill further enables rules to be made, by which a certificate, instead of being issued at large, might be given for a term, so that it would be necessary for a bailiff to get a renewal of it.

Bill read 2a.