ADMINISTRATION OF JUSTICE BILL. [H.L.] (Hansard, 6 May 1925)

§ THE LORD CHANCELLOR

My Lords, in moving that the Commons Amendments be now considered I may perhaps make a few observations upon them. All the Amendments are of a formal or drafting character, with two exceptions. One is an Amendment on line 15 of page 13, by which the other House proposes to omit the power contained in the Bill for a judge to direct that an action shall be tried without a jury. That Amendment might be accepted. The only other Amendment which is not technical is the proposal to leave out Clause 25. The object of that clause was to make probate of a will granted in England available in Scotland, if the deceased also had property there, and in the same way to make a Scottish confirmation of executors available in England where the deceased had English property. It was thought that the technical difficulties in the way, which seemed somewhat embarrassing, might be removed by arrangement between the officials of the Probate Division here and the corresponding officials in Scotland. On further inquiry it was found that the two Departments were by no means at one. I think the best plan, then, would be to accept the Amendment.