§ [No. 96]
§ Clause 50, page 31, line 42, leave out "for leave to appeal" and insert "to state a case for the purpose of the foregoing subsection".
§ LORD HUGHESMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 96.
§ Moved, That this House doth agree with the Commons in the said Amendment (No. 96).—(Lord Hughes.)
§
LORD DRUMALBYN moved as an Amendment to the Commons Amendment:
At the beginning of the words left out by the Commons insert the words ("to the sheriff").
§
The noble Lord said: My Lords, Amendment No. 96 leaves out the words
for leave to appeal", so that the sentence:
An application to the sheriff for leave to appeal—
becomes:
An application to the sheriff"—
to state a case for the purpose of the foregoing subsection—
shall be made within a period of twenty-eight days",
and so on. This follows upon Amendments that have already been made, leaving out the words "with leave of the sheriff", which was Amendment No. 93. The clause now reads:
Subject to the provisions of this Section an appeal shall lie to the Court of Session
and the words "with leave of the sheriff" are left out and in place of them is put in:
by way of stated case on a point of law, or in respect of any irregularity in the conduct of the case".
When I saw this I thought that the words "to the sheriff" should be left out also in subsection (3), so that it would simply read:
An application to state a case for the purpose of the foregoing subsection shall be made within a period of twenty-eight days".
That seems to me to be logical. I beg to move.
§
Amendment to Commons Amendment moved—
At the beginning of the words left out by the Commons insert the words ("to the sheriff").—(Lord Drumalbyn.)
§ LORD HUGHESMy Lords, I think this is a case where the words ought to remain. The stated case needed as a basis for an appeal to be considered can be made only by the sheriff. Therefore an application for a stated case must be made to the sheriff, and that is what the clause says.
§ LORD DRUMALBYNMy Lords, in that case, if it is only the sheriff who can make the stated case, I beg leave to withdraw the Amendment.
§ Amendment to the Commons Amendment, by leave, withdrawn.
§ On Question. Motion agreed to.