HL Deb 06 August 1913 vol 14 cc1682-3

[SECOND READING.]

Order of the Day for the Second Reading read.

THE LORD CHANCELLOR

My Lords, this is one of those Bills which, unfortunately, could not be printed in time for circulation this morning, but the Bill was printed this forenoon. It was extensively discussed in Grand Committee, and was circulated in the course of those proceedings to a large number of people. Seven-eights of this Bill is consolidation, though it does make certain amendments in the Scottish bankruptcy law, amendments which were recommended by a Departmental Committee presided over by one of the ablest of the Judges of the Court of Session. They are amendments of a technical character. I have been through them, and I am sure they are amendments of which your Lordships will highly approve. I will explain them. If an author of a book goes to a publisher and the publisher agrees to publish his book for the consideration of royalties and the publisher goes bankrupt, the unfortunate author cannot get his royalties because his contract is determined by the bankruptcy; but notwithstanding this the copyright remains vested in the trustee in bankruptcy, who is able to go on publishing the book and making a profit out of it. That is a monstrous injustice which has been put right in this Bill. Then under the English law, under the Act of 1888, a claim for wages, just like a claim for rates and taxes, has preference in a liquidation in bankruptcy. Whether that was so in Scotland or not was a matter of great dispute. The learned Judge who presided over the Departmental Committee and his colleagues took the view that, whether it was or not, it ought to be, and they have inserted a provision in this Bill making the law in that respect harmonise with the law of England. Those are the amendments which the Bill makes. As I have said, they were recommended by the Departmental Committee; they have been carefully scrutinised in the House of Commons; and they seem to me to be very reasonable amendments in the law. Otherwise the Bill mainly consolidates the existing law.

Moved, That the Bill be now read 2a.—(The Lord Chancellor.)

On Question, Bill read 2a, and committed to a Committee of the Whole House To-morrow.