SECOND READING. (Hansard, 18 July 1904)

§ THE LORD CHANCELLOR (The Earl of HALSBURY)

The principal object of this Bill is to give power for putting into a workable shape the provisions of the Act of last year, which extends as from the 1st of January 1905 the jurisdiction of County Courts to cases involving claims of £100, the present limit of the jurisdiction being £50. The Act of 1903 confers the extended jurisdiction on all County Courts, but authorises the making of an Order in Council to provide that actions involving claims of over £50 shall be tried only in Courts where— Due provision has been made for carrying on the business of the Court without interference with the ordinary jurisdiction of the Court. This provision is so indefinite that it might not have the effect of giving the extended jurisdiction to the principal County Courts in the kingdom, that is to say, at the very Courts where it is most desirable that it should be exercised, and the question whether the jurisdiction was to be exerciseable at any particular Court would depend on the arrangements for carrying on the business of the court made by the Judge of that Court. The present Bill proposes that the extended jurisdiction should be exercised only at the principal Courts. The Courts falling within this category are to be determined by a scheme made by the Lord Chancellor with the consent of the Treasury, and confirmed by Order in Council. The salaries of Judges of those Courts are to be increased from £1,500 to £1,800. There is also a provision that 246 where a deputy has been appointed in the case of the illness of any Judge, the Treasury may, on the recommendation of the Lord Chancellor, allow the deputy such remuneration as they think fit, and the remuneration so allowed shall be paid out of money provided by Parliament. The jurisdiction of registrars of the principal Courts who are not in practice as solicitors is somewhat increased, and provision is made for additional Courts being held by registrars, in the absence of the Judge, for the hearing of cases within the jurisdiction of the registrars. The Bill also contains various amendments of the law relating to the procedure in County Courts.