§ [Nos. 12& 13]
§ Clause 23, page 18, line 23, after "of", insert "continuing to deal with"
§ Clause 23, page 18, line 24, leave out "he may have heard" and insert "may have been begun before him".
§ THE LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 12 and 13, with which I should like to mention the linked Amendments, Nos. 20 and 21. These are very little more than drafting. Clause 23(4), as it stands, gives a Circuit judge or recorder sitting in the High Court power, notwithstanding the expiry of the period of time for which he has been requested to sit, to attend at the High Court,
for the purpose of giving judgment in, or dealing with any ancillary matter relating to, any case which he may have heard when sitting as a judgeof the High Court. Clause 24(5) gives the same powers to temporary High Court and Circuit judges. The Amendments make it clear, which was not the case on the original wording, that a Circuit judge or recorder or deputy judge, as the case may be, may return to a case which had been adjourned part-heard. I am not myself convinced that this Amendment was necessary, but as doubts have been expressed it has been inserted—and I think rightly—by the Commons. I beg 830 to move that this House doth agree with the Commons in their Amendments Nos. 12 and 13.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)
§ LORD AIREDALEMy Lords, Amendment No. 12 introduces into the Bill the phrase "continuing to deal with giving judgment", which I should have thought was a pretty inelegant expression. I suppose what it means is continuing to give judgment, and I am only sorry that the Amendment did not say so.
§ THE LORD CHANCELLORMy Lords, I stand rebuked on behalf of my colleagues in the Commons.
§ On Question, Motion agreed to.