HL Deb 13 April 1916 vol 21 cc723-4

Order of the Day for the House to be put into Committee, read.


My Lords, last night when your Lordships granted a Second Reading to this Bill a request was made to me by the noble Viscount, Lord Midleton, that some time should elapse between the Second Reading and the Committee stage. The noble Viscount based that request on the character of Clause 3 of the Bill, which I agreed related to matters in which it may well be that large interests are concerned and as to which it may be desired that full time should be given for its consideration. I thought the request was reasonable and I suggested at the time that possibly the noble Viscount would have no objection to the Committee stage of the Bill being taken to-day if Clause 3 were omitted. Clause 3 has nothing to do with the main object of the Bill, which is to provide certain relief in the case of officers and men serving with His Majesty's Forces. Clause 3 is of general application, and does not refer to people serving with the Forces. I notice that the noble Viscount is not in his place, but Lord Peel, who was, I think, of the same opinion as Lord Midleton, is here, and if the House will agree to go into Committee I will take the course I have indicated.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[Lord BALFOUR OF BURLEIGH in the Chair.]

Clauses 1 and 2 agreed to.

Clause 3:

Amendment of principal Act as to mortgagees and companies.

3.—(1) In subsection (1) of section one of the Courts (Emergency Powers) Act, 1914 (hereinafter referred to as the "principal Act"):—

  1. (a) the expression "enter into possession" shall include the appointment of a receiver of mortgaged property; and
  2. (b) the provisions relating to foreclosure shall extend to the institution of proceedings for foreclosure or for sale in lieu of foreclosure; and
  3. 724
  4. (c)the expression "a mortgagee in possession" shall not include a mortgagee of property other than land or some interest in land.

(2) Where a petition has, whether before or after the passing of this Act, been presented for the winding up of any company, the court shall have the like discretion as to staying proceedings under the petition as by subsection (3) of section one of the principal Act is conferred on courts having jurisdiction in bankruptcy in relation to bankruptcy proceedings.


I move to omit Clause 3 for the reasons I have already stated to the House.

Amendment moved— Leave out Clause 3.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 4:

Short title and commencement.

4.—(1) This Act may be cited as the Courts(Emergency Powers) (Amendment) Act, 1916, and shall be read with the principal Act, and the principal Act and this Act may be cited together as the Courts (Emergency Powers) Acts, 1914 and 1916.

(2) This Act shall have effect as from the day of April nineteen hundred and sixteen, and shall be deemed to have been in operation as from that date.


There is one Amendment to be moved in Clause 4. By an oversight the day in April from which the Act shall have effect has been omitted from the clause. I therefore move that the word "eleventh" be inserted.

Amendment moved— In Page 2, line 28, insert ("eleventh").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

The Report of Amendments to be received on Monday next, and Bill to be printed as amended. (No. 21.)