[Mr. SAMUEL ROBERTS in the Chair.]
The CLERK of the COMMITTEE (Mr. Colomb) read the Financial Resolution: "That it is expedient to authorise the payment out of the Consolidated Fund of the salary and pension of one additional Judge of the High Court who may be appointed under any Act of the present Session."CLAUSE 5.
(1) It shall be lawful for His Majesty from time to time to appoint one Judge of the High Court in addition to the number of Judges of that Court authorised to be appointed by the Judicature Acts, 1873 to 1910.
(2) The Judge so appointed shall, subject to such power of transfer as is authorised by the Supreme Court of Judicature Act, 1873, be attached to the Probate Division, and the law relating to the appointment and qualification of Judges of the High Court, their duties, tenure, precedence [salary and pension] and otherwise shall apply to a Judge appointed under this Section.
(3) Where under Sub-section (2) of Section one of the Supreme Court of Judicature Act, 1910, an Address from both Houses of Parliament has, whether before or after the passing of this Act, been presented to His Majesty representing that the state of business in the King's Bench Division requires that a vacancy among the pusine Judges of that Division should be filled, it shall be lawful for His Majesty from time to time without any further Address, to fill any vacancy which may arise among the said Judges at any time within a period of one year next after the date of the presentation to His Majesty of the said Address.
(4) This Section shall come into operation on the passing of this Act.
The ATTORNEY - GENERAL (Sir Douglas Hogg): I beg to move, formally, in Sub-section (2), after the word 164 "precedence," to insert the words "salary and pension," which the Committee will see are bracketed and underlined. The Committee will understand that these words could not be inserted in the House of Lords, because it would have been a breach of privilege, inasmuch as they relate to finance. Now that the Financial Resolution has been duly passed and recorded, it becomes in order to insert those words.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
The CHAIRMAN: The first New Clause on the Paper, "Liability of husband for torts of wife," standing in the name of the right hon. and learned Member for Cambridge University (Mr. Rawlinson), is out of order as being outside the scope of the Bill.
First and Second Schedules agreed to.
Motion made, and Question proposed, "That this be the Third Schedule of the Bill."
Mr. ATKINSON: I wish to raise a point on this Schedule with respect to the position of registrars and their clerks who will be dispossessed under the Schedule.
The CHAIRMAN: I do not see how that comes in under this Schedule, which only deals with the places. The position of registrars' clerks has been dealt with in the Clauses which have been already passed.
Mr. ATKINSON: I am not suggesting an alteration, but it seemed to me that this was a convenient time to ask the Attorney-General if he would repeat the assurances which were given by the last Attorney-General when the Bill was in Committee in the last Parliament. I do not know what other opportunity there will be of raising the point. I may remind the Committee of what the late Attorney-General then said.
The CHAIRMAN: I am afraid that it is out of Order.
Mr. ATKINSON: To ask for a statement of intention?165
The CHAIRMAN: I do not see how it can come under this Schedule. It could come on the Report Stage of the Bill, or it could have come up when the Clauses were being discussed.
|Session and Chapter.||Title or Short Title.||Extent of Repeal|
|8 Eliz. c. 2||An Acte whereby the Defendant maye recover his Costes beinge wrongfully vexed.||The whole Act.|
|34 Geo. 3 c. 58||The Lancaster Palatine Courts Act, 1794.||The whole Act.|
|7 Will. 4 & 1 Vict. c. 30||The Superior Courts (Officers) Act, 1837.||Section nineteen.|
|3 & 4 Vict. c. 65||The Admiralty Court Act, 1840||Sections twenty and twenty-one.|
|5 & 6 Vict. c. 103||The Court of Chancery Act, 1842||In section eleven the words from "and every solicitor" to the end of the section|
|15 & 16 Vict. c. 73||The Common Law Courts Act, 1852||Section twenty-six.|
|15 & 16 Vict. c. 80||The Court of Chancery Act, 1852||Sections nineteen, twenty and, twenty-three.|
|15 & 16 Vict. c. 87||The Court of Chancery Act, 1852||Sections three and four.|
|20 & 21 Vict. c. 77||The Court of Probate Act, 1857||Sections eighty-eight and ninety-four.|
|20 & 21 Vict. c. 85||The Matrimonial Causes Act, 1857||Sections thirty-seven, thirty-eight, and forty.|
|21 & 22 Vict. c. 95||The Court of Probate Act, 1858||Sections seventeen and twenty-eight.|
|21 & 22 Vict. c. 108||The Matrimonial Causes Act, 1858||Sections five and fourteen.|
|24 & 25 Vict. c. 10||The Admiralty Court Act, 1861||Sections thirteen, twenty-one, twenty-three, and thirty.|
|30 & 31 Vict, c. 87||The Court of Chancery (Officers) Act, 1867.||The whole Act.|
|32 & 33 Vict. c. 89||The Clerks of Assize, &c., Act, 1869||Paragraph (2) of section three.|
|32 & 33 Vict. c. 91||The Courts of Justice (Salaries and Funds) Act, 1869.||Section eight.|
|35 & 36 Vict. c. 44||The Court of Chancery (Funds) Act, 1872.||Section twenty-five.|
|36 & 37 Vict. c. 66||The Supreme Court of Judicature Act, 1873.||In section twenty-nine the words from "and subject to any restrictions" to the end of the section, in section thirty-two the words from "and such Order" to the words "and patronage but," in section thirty-three the words from "every document" to the end of the section, section forty-four, in section fifty-two the words "or a Divisional Court thereof," and in section eighty-four the words from the beginning of the section to the words "from time to time determine."|
|38 & 39 Vict. c. 77||The Supreme Court of Judicature Act, 1875.||In paragraph 1 of section twenty-three the words from "and in particular" to the words "any of them."|
|42 & 43 Vict. c. 78||The Supreme Court of Judicature (Officers) Act, 1879.||In section ten the words "or has prac-"tised for five years as a special "pleader or as a special pleader and "barrister," and sections sixteen and twenty-six.|
|44 & 45 Vict. c. 68||The Supreme Court of Judicature Act, 1881.||Section eleven.|
|53 & 54 Vict. c. 44||The Supreme Court of Judicature Act, 1890.||Section two.|
|54 & 55 Vict. c. 14||The Supreme Court of Judicature (London Causes) Act, 1891.||The whole Act.|
Mr. ATKINSON: You rule it out of order now?
The CHAIRMAN: Yes.
Question put, and agreed to.167
The ATTORNEY-GENERAL: I beg to move, after the paragraph beginning
|23 and 24 Vict. c. 149||The Court of Chancery Act, 1860||Section nine.|
The object of this Amendment is to insert one additional Section of an Act of Parliament to be repealed. It is a Section which has, apparently, been overlooked, under which it is provided that the Master of the Rolls shall appoint a clerk, who is to get £100 a year to look after certain documents. In practice, the documents are all taken care of by the Keeper of the Records. No clerk has been appointed for a great many years past, and it was only discovered that this Section still survived168
"21 & 22 Vict. c. 95." to insert the words,
when an attempt was made to consolidate the law. Therefore, I am anxious to get rid of it.
Amendment agreed to.
Schedule, as amended, agreed to.
Fifth Schedule agreed to.
Bill, as amended, ordered to be reported to the House.
The Committee rose at Five Minutes after Eleven o'Clock.
THE FOLLOWING MEMBERS ATTENDED THE COMMITTEE:
Roberts, Mr. Samuel (Chairman)
Craig, Mr. Ernest
Hirst, Mr. W.
Hudson, Mr. Robert
Macnaghten, Sir Malcolm
Morrison, Mr. Hugh
Robinson, Mr. W. C.
Smith, Mr. Rennie
Somerville, Mr. Annesley
Thompson, Mr. Luke
Watson, Sir Francis
Williams, Commander Charles
Williams, Mr. John