§ [The reference is to Bill No. (23).]
§ Clause 5, page 7, line 25, leave out from ("tribunal") to the end of the subsection.
§ THE LORD CHANCELLORI beg to move that this House do agree with the Commons in their Amendment. The Amendment is for the purpose of omitting the following words:
and, in any case where the application is adjourned, the Court may order that execution of the judgment shall be stayed until the expiration of the period aforesaid on such terms as the Court may think just.If your Lordships will refer to the proviso in Clause 2 (2) of the Bill you will see that execution cannot issue under the judgment so long as it is competent for any one to make an application to have the judgment set aside. In the case supposed by Clause 5, that is, an adjournment of an application to set aside, there will obviously have been no final determination of the application within the meaning of the proviso to Clause 2 (2), and therefore execution cannot possibly issue. Thus there is no need to give the Court power by these words at the end of subsection (1) of Clause 5 to order that execution of the judgment shall be stayed. For this reason these words are unnecessary and should be omitted.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.