HL Deb 24 July 1934 vol 93 cc1050-1

Page 2, line 4, leave out subsection (3) and insert: ("(3) No proceedings shall be maintainable in respect of a cause of action in tort which by virtue of this section has survived against the estate of a deceased person unless either—

  1. (a) proceedings against him in respect of that cause of action were pending at the date of his death; or
  2. (b) the cause of action arose not earlier than six months before his death and proceedings are taken in respect thereof not later than six months after his personal representative took out representation.")

THE LORD CHANCELLOR, My Lords, I beg to move that we agree with the Commons Amendment to leave out subsection (3) and insert the words as printed. The object of this Amendment is to make the clause apply not only to actions but also to administration proceedings which are not actions.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)