§ 3.30 p.m.
§ THE MARQUESS OF LOTHIAN
My ords, on behalf of my noble friend Lord Polwarth I beg to move that the House do now resolve itself into Committee on this Bill.
§ Moved, that the House do now resolve itself into Committee.—(he Marquess of Lothian.
§ On Question, Motion agreed to.
§ House in Committee accordingly.
§ [The EARL OF LISTOWEL in the Chair.]
§ Clauses 1 to 4 agreed to.
§ Clause 5 [Further provisions supplementary to sections 1, 2 and 3]:
THE MARQUESS OF LOTHIAN moved the following Amendment:
Page 4, line 41, leave out from ("3") to end of line 42 and insert ("not to be, and not at any time to have been, ex facie invalid by reason of any such informality of execution.")
§ The noble Marquess said: This lone Amendment which I am moving on behalf of my noble friend, who unfortunately cannot be here, is a drafting Amendment designed to express more clearly the 1051 purpose and effect of the subsection. In terms of Section 39 of the Conveyancing (Scotland) Act 1874, certain informalities of execution in a deed may be cured by declarator given in appropriate judicial procedure. However, the court's declarator does not in terms declare that the deed concerned is valid but repairs the omission or error in execution. The sole purpose of this subsection is to provide that where such declarator is made, the informality thus cured shall be disregarded in any dispute about or consideration of the deed's validity. It is not intended that defects other than informality of execution which may also have a bearing on the validity of the deed should be affected by the subsection, and the Amendment is designed to make this intention clear. I beg to move.
§ LORD HUGHES
If there is an additional wonder in this world it is the ways of the draftsman. I certainly have no intention of opposing this Amendment, but it strikes me as being rather peculiar that it should be necessary to take out the words:the deed shall be deemed … always to have been … valid.and to substitute the words:the deed shall not … at any time … have been … invalid … ".I have no doubt that the draftsmen are satisfied that this is a better way of doing it. It puts more work in the way of the printers; and in these days of unemployment, why should I object to that?
§ On Question, Amendment agreed to.
§ Clause 5, as amended, agreed to.
§ Remaining clauses and Schedules agreed to.
§ House resumed: Bill reported with the Amendment.