HL Deb 29 July 1904 vol 139 cc75-6

Amendments reported (according to order).

*LORD COLERIDGE

explained that the object of the two Amendments standing in his name was to leave the option perfectly free on the part of plaintiffs to bring their actions in the County Court or in the High Court, in cases where the jurisdiction of the County Court was enlarged from £50 to £100. If the Bill remained as at present the plaintiff would be forced into the County Court, possibly against his will, in actions between £50 and £100, and he would be penalised because if he recovered less than £100 he would not be entitled to any more costs than he would have been entitled to if he had brought his original action in the County Court. He could not conceive that it was intended to penalise plaintiffs in this way. The object of the Bill was a very salutary one, namely, to enlarge the jurisdiction so that plaintiffs should not be precluded from bringing actions in the County Court in claims for more than £50; and he hoped the noble and learned Earl on the Woolsack would see his way to accept the Amendments, which would greatly improve the usefulness of the measure.

Amendments moved— In page 1, Clause 1, line 12, after the word 'eighty-one,' to insert the word 'and'; and in line 13, to leave out the words 'and one-hundred and sixteen.'"—(Lord Coleridge.)

THE EARL OF HALSBURY

said he did not intend to resist the Amendments, as he thought the application of the section to which the noble and learned Lord had referred was the result of an error. He therefore accepted the Amendments.

On Question, Amendments agreed to.

Drafting Amendment agreed to.

THE EARL OF HALSBURY

proposed the insertion of a new clause to meet the case of deputy high bailiffs.

Amendment moved— After Clause 6, to insert as a new clause the words, 'Section thirty-one of the principal Act as to the appointment of deputy registrars shall apply to the appointment of deputy high bailiffs, with the substitution of the words 'high bailiff' for the word 'registrar.'"—(The Earl of Halsbury).

On Question, Amendment agreed to.

Drafting Amendment agreed to.

THE EARL OF HALSBURY

moved to add to Section (1) of Clause 11, which provided that— A person liable to be fined under Section forty-eight of the principal Act shall be liable to be imprisoned, with or without hard labour, for any period not exceeding two months if so ordered by the Judge or on summary conviction. the words contained in his Amendment.

Amendment moved— In Clause 11, page 5, line 4, after the word 'conviction' to insert the words 'and the said section shall apply to any case in which any officer or bailiff of any Court or any person put into possession of goods seized under any process of the Court by a bailiff of any Court is assaulted or obstructed while in the execution of his duty, and to any case of rescue or attempted rescue of any person arrested under process of the Court.'"—(The Earl of Halsbury.)

On Question, Amendment agreed to.

THE EARL OF HALSBURY

explained that his next Amendment was necessary owing to the City of London Court not being technically a County Court.

Amendment moved— After Clause 12, to insert as a new clause, 'The extended jurisdiction exercisable in County Courts under this Act shall be exercisable in like manner in the C

y of London."'—(The Earl of Halsbury.)

On Question, Amendment agreed to.

Bill to be read 3' on Monday next; and to be printed as amended. (No. 172.)