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Mayor's And City Of London Court Bill Hl

Volume 41: debated on Tuesday 6 July 1920

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Amendments reported (according to Order).

Clause 8:

Procedure in causes within jurisdiction of High Court.

8. All causes and proceedings in the Court shall be commenced by plaint, but in the case of any cause or proceeding which could not previously to the commencement of this Act have been brought in the City of London Court, but which could have been brought in the Mayor's Court, any party to such cause or proceeding may in manner prescribed by the rules of the Supreme Court apply by summons for directions as to the subsequent procedure to be adopted, and in regard to any such cause or proceeding, the procedure of the Supreme Court shall be adopted and be in force in lieu of the procedure which at the date of the commencement of this Act was in use in the Mayor's Court.

Provided that the scales of fees and costs now in use in the Mayor's Court shall continue to be in force for all such causes and proceedings as aforesaid, subject to any rules, regulations, or orders to be hereafter made.

My Lords, the manuscript Amendments which I propose in Clause 8 will not be readily intelligible to those who have not followed this matter closely. They are, however, drafting in character and represent an attempt to carry out, with somewhat greater precision than formerly, the assurance which I gave during the Committee stage to Lord Buckmaster. As now drafted they fully meet the point which the noble and learned Lord made.

Amendments moved—

Clause 8, page 4, line 14, leave out from ("by") to ("apply") in line 15 and insert ("rules to be made under Section 45 of the Mayor's Court of London Procedure Act, 1857")

Clause 8, page 4, line 16, after ("and") insert ("provision shall be made by rules under the said section for adopting")

Clause 8, page 4, line 17, after ("proceeding") insert ("subject to any modifications contained in the rules")

Clause 8, page 4, lines 17 and 18, leave out ("shall be adopted and be in force")

Clause 8, page 4, line 24, at end insert ("under the said section").—( The Lord Chancellor.)

On Question, Amendments agreed to.