HL Deb 24 July 1896 vol 43 cc589-91

(1.) Rules may be made for carrying into effect this Act, and especially—

  1. (1) for requiring judicial trustees, who are not officials of the Court, to give security for the due application of any trust property under their control:
  2. (2) respecting the safety of the trust property and the custody thereof:
  3. (3) respecting the remuneration of judicial trustees and for fixing and regulating the fees to be taken under this Act so as to cover the expenses of the administration of this Act, and respecting the payment of such remuneration and fees out of the trust property:
    4. 590
  4. (4) for dispensing with formal proof of facts in proper cases:
  5. (5) for facilitating the discharge by the Court of administrative duties under this Act without judicial proceedings, and otherwise regulating procedure under this Act and making it simple and inexpensive:
  6. (6) for assigning jurisdiction under this Act to County Court Judges and defining such jurisdiction:
  7. (7) respecting the suspension or removal of any judicial trustee, and the succession of another person to the office of any-judicial trustee who may cease to hold office, and the vesting in such person of any trust property or executorship:
  8. (8) respecting the classes of trusts in which officials of the Court are not to be judicial trustees, or are to be so temporarily or conditionally:
  9. (9) respecting the grant of probate or letters of administration to judicial trustees:
  10. (10) for preventing the employment by judicial trustees of ether poisons at the expense of the trust, except in cases of strict necessity:
  11. (11) for the filing of accounts by judicial trustees.

(2.) The rules under this Act may he made by the authority having for the time being power to make rules regulating the practice and procedure of the Supreme Court of Judicature, and shall be laid before Parliament and have the same force as if enacted in this Act, provided that if within thirty days after such rules have been laid before either House of Parliament, during which that House has sat, the House presents to tier Majesty an address against such rules or any of them, such rules or the rule specified in the address shall thenceforward be of no effect.

LORD ASHBOURNE moved, in Subsection (2), to omit the word "authority," and to insert the words "respective authorities."

Amendment agreed to.

THE LORD CHANCELLOR

thought the persons who framed the Bill were under some misapprehension as to what the Rule Committee did. There were one or two matters provided for which were not properly within the function of the Rule Committee, and in the Standing Committee he would propose Amendments in respect of them.

LORD ASHBOURNE

trusted that, when his noble Friend introduced Amendments on the subject of the drafting of Rules, he would see that similar changes were made with reference to the Rule-making authority in Ireland.

Amendment proposed, after the word "Judicature," to insert the words "in England and Ireland "—(Lord Ashbourne)—put and agreed to.

Bill re-committed to the Standing Committee; and to be printed as amended.—[No. 214.]