§
Clause 44, page 26, line 9, leave out paragraph (e) and insert—
("(e) a ship in which the defender owns one or more shares has been arrested (whether ad fundandam jurisdictionem or on the dependence of the action) within the area for which the court acts.")
§
Clause 44, page 26, line 12, leave out sub-section (2) and insert—
("(2) Where an action to which this section applies is raised in a court having jurisdiction virtue only of one or more of the provisions of the preceding subsection other than paragraph (d) thereof, and it appears to the court that cognate proceedings are depending in a competent court outside Scotland, the first mentioned court shall sist the action if so moved by any party thereto, and shall not recall the sist until satisfied that the cognate proceedings have been discontinued or have otherwise come to an end:
Provided that nothing in this subsection shall prevent the first mentioned court from entertaining any application as to diligence in the action.
In this subsection 'cognate proceedings', in relation to any action, means proceedings instituted, before the granting of warrant for service in the action, by the pursuer in the action against any other party to the action, being proceedings in respect of the same incident or series of incidents as those with which the action is concerned.")
§ Clause 44, page 26, line 28, leave out from ("includes") to end of line 31 and insert (" any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of States to he waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters;"
§ Clause 44, page 26, line 46, at end insert—("(6) Section six of the Sheriff Courts (Scotland) Act, 1907 (as amended by any subsequent enactment), shall cease to have effect in relation to actions to which his section applies.")
§ THE LORD CHANCELLORMy Lords, again I do not think I need trouble your Lordships will any further explanation, except to say that Amendments Nos. 48 to 51 bring different parts of this Bill into complete accord. I beg to move that this House cloth agree with the Commons in these Amendments.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)
§ On Question, Motion agreed to.