HL Deb 01 May 1928 vol 70 cc913-4

Part I.

Amendments of the Supreme Court of Judicature (Consolidation) Act, 1925.

Enactment amended. Amendment.

Section 161—In subsection (5), after the word "whether" there shall be inserted the words "the testator or"

Section 171—There shall be inserted at the end thereof the words "or (subject to the approval of the principal probate registrar) from the principal probate registry in any case where the will was proved in or the grant was issued from a district probate registry."

THE LORD CHANCELLOR moved, after the reference to Section 161, to insert:— Section 167—In subsection (4) there shall be substituted for the words 'is assigned in pursuance of the order' the words 'ordered to be assigned,' and there shall be inserted after the word 'entitled' the words 'by virtue of the order.'

The noble and learned Lord said: This is purely consequential.

Amendment moved— Page 16, line 34, at end insert the said words.—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR moved to omit the reference in the second column to Section 171 and to insert the following:— For the words from 'obtained' to the end of the section there shall be substituted the following:

  1. '(a) from the registry in which the will or documents relating to the grant are preserved; or
  2. (b) where the will or other document is preserved in some place other than a registry, from the principal probate registry; or
  3. (c) subject to the approval of the principal probate registrar, from the principal probate registry in any case in which the will was proved in or the grant was issued from a district, probate registry.'"

The noble and learned Lord said: This is practically a drafting Amendment.

Amendment moved— Page 17, in the second column, leave out lines 3 to 9 and insert the said words.—(The Lord Chancellor.)

On Question, Amendment agreed to.

First Schedule, as amended, agreed to.

Remaining Schedule agreed to.