§ Applications to a Country Court for Determination of a Lease.
§ 1. — (1) An application to a Country Court for the determination of a lease under 660 Section forty of this Act shall be commenced by the entry of a plaint and shall be called an action.
§ (2) The applicant shall be the plaintiff and the other party to the lease shall be the defendant.
§ 2. Where the applicant is the lessee of any premises he shall join as plaintiff any person to whom he sublets, or has mortgaged, the premises and who consents in writing to be so joined, and as defendant any person to whom he sublets, or has mortgaged, the premises and who does not so consent.
§ 3. It shall be the duty of the Judge to be satisfied that all persons interested whose presence is necessary to enable him effectually and completely to adjudicate upon and settle all the questions involved in the action are before the Court, and if necessary to adjourn the hearing to enable any such persons who are not already parties to the action to be joined as defendants.
§ 4. In default of any particular direction the costs of the action shall be taxed upon the scale prescribed for claims between £20 and £50.
§ 5. The County Court Rules for the time being in force shall apply so far as they are applicable and are not inconsistent with the provisions of this Act or of these temporary rules.
§ The noble and learned Lord said: These rules are rules of temporary procedure before the rules are drawn up in the Lord Chancellor's Department. I understand they are proper temporary regulations and they are needed to make the Bill effective. They will be superseded when the regular procedure is adopted.
§
Amendment moved—
After the Fourth Schedule insert the said new Schedule.—(Lord Parmoor.)
§ Fifth Schedule [Enactments repealed]:
§ LORD PARMOORThe Amendments standing in my name are all drafting Amendments.
§
Amendments moved—
Page 63, line 1, leave out ("Fifth") and insert ("Sixth")
Page 63, line 17, in third column after ("forty") insert ("and")
Page 63, line 18, in the third column after ("forty-five") insert ("subsection (3) of Section forty-six; sections")
Page 63, line 21, at end insert ("and")
Page 63, line 22, leave out the second ("and") and insert ("subsection (1) of Section one hundred and twenty-two; section").—(Lord Parmoor.)
§ Fifth Schedule, as amended, agreed to.
661THE EARL OF ONSLOWMy Lords, has the noble and learned Lord decided when the Report stage of this Bill shall be taken?
§ LORD PARMOORMy Lords, I have been inquiring about this matter and I do not think we can postpone the Report stage beyond Thursday, because on Friday we shall have to deal with the Road Traffic Bill and, as your Lordships know, that will take up a long time. I think Thursday would give time. If all those interested communicate with me, I will see that their points are considered. We are obliged at this stage of the Session to utilise our time to the uttermost. I think we can take the Bill on Thursday.
§ VISCOUNT BRENTFORDOn Thursday there is a function in another place—not in the House of Commons—as the noble and learned Lord knows, and probably many noble Lords would like to attend that function. Do I understand the noble and learned Lord to say that he intends to take the Commons Amendments to the Road Traffic Bill on Friday? They have not arrived here yet, I understand. There is a mass of Amendments.
§ LORD PARMOORIf they arrive. We shall perhaps have to re-consider this matter. There is really great difficulty just now in trying to utilise our time to 662 the best advantage to get through all the work. For the moment we will say Thursday for the Report stage.