§ [The reference is to Bill No. 63.]
§ Clause 1, page 1, leave out from the beginning of line 11 to ("No") in line 16.
§ LORD MUIR MACKENZIEI think I must give the House a short explanation of the situation with regard to this Bill, The Bill went down to the other House with words in it providing that no trustee, executor or other person, and so on, shall come to grief because he has not taken advantage of the Act which we all believe; ought to have been repealed and which will now be repealed. Words were introduced in this House at the end of the clause saying that
No action for the recovery of money under the said section shall be entertained in any court.79 When the Bill went to the House of Commons it appears to have been thought by some persons there that those words covered all cases, including that of the trustee, and that therefore the trustee need not be put in. They were successful in moving that Amendment, but since they did so they have changed their minds, and they have come to the conclusion that the words are of importance. The words were left in deliberately here, and, holding the opinion—and I believe it is an authoritative opinion—that the words are of importance, I think it will be best for the Bill that I should move that we disagree with the Commons Amendment and restore the words.What is to be said on the other side as to that course is that here is the Bill safe; it is a bird in the hand, and there may be some risk in sending it down to the other House. But I have been assured as strongly as one can be assured, or can believe any assurance nowadays, that, as far as that goes, the Bill is safe if it goes down with the words restored. And, therefore, if no one sees any objection, I shall move that your Lordships disagree with the Commons Amendment.
§ Moved, That this House doth disagree with the Commons in the said Amendment.—(Lord Muir Mackenzie.)
§ LORD PARMOORThe effect of that would be that if, when the Bill goes back, it is not agreed to, it falls altogether.
§ LORD MUIR MACKENZIESuch a matter is generally referred to a conference, or something of that sort, and the difficulty is got over. I do not think it is absolutely certain that the Bill would be lost. As I said before, I have been given assurances that the Bill will be in no danger.
§ On Question, Motion agreed to.
§ Moved, That a Committee be appointed to prepare a Reason for the Lords disagreeing to the Commons Amendment; the Committee to meet forthwith.—(Lord Muir Mackenzie.)
§ On Question, Motion agreed to.