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AMENDMENTS

MADE BY THE LORDS TO THE AMENDMENTS MADE

BY THE COMMONS

TO THE

OATHS IN CHANCERY, &c. BILL;

WITH REASONS.

The Lords disagree to the Amendment made by the Commons in Page 1. Line 14., being to leave out from (“ Solicitors ") to the First (" to ") in Line 15. and insert (“ in England "); but propose, in addition to the Words reinstated by such Disagreement with the Commons, to insert, instead of the Words (“in England”) proposed by the Commons, the Words (“ at their respective Places of Business”), for the following Reason : Because it is not intended to permit Solicitors acting as Commis

sioners beyond Ten Miles from London to act within the Ten Miles (which they cannot now do), and thereby take the Fees hitherto received for the Suitors Fund, but only to enable Solicitors residing within the Ten Miles to act at their own Residences, and this was conceded upon the Representation by them of the Hardship of having to leave their Business to go to Lincoln's Inn to have the Oath administered.

The Lords disagree to the Amendment made by the Commons in Page 1. Line 15., being to leave out (" and to") and to insert (“ within Ten Miles of Lincoln's Inn Hall or elsewhere in England, who shall”) For the Reason aforesaid, and because it was not intended

that any Solicitors should set up an Office in the Neighbourhood of the Court for the Purpose of administering Oaths and taking Declarations, Affirmations, and Attestations of Honour.

The Lords disagree to the Amendment made by the Commons in Page 2. Line 1., being to leave out from (“ aforesaid ") to the First (" and”) in Line 3. ; but propose, in the Words reinstated by such 363.

Disagree

ment, may be sworn and taken in Scotland or Ireland, or the Channel
Islands, or in any Colony, Island, Plantation, or Place under the Domi-
nion of Her Majesty in Foreign Parts, before any Court, Judge, Notary
Public, or Person hereby or otherwise lawfully authorized to administer
Oaths in such Country, Colony, Island, Plantation, or Place respec- 5
tively, or before any of Her Majesty's Consuls or Vice-Consuls in any
Foreign Parts out of Her Majesty's Dominions; and all Registrars and
other Officers of any such Registry Office shall take judicial Notice of
the Seal or Signature, as the Case may be, of any such Court, Judge,
Notary Public, Person, Consul, or Vice-Consul which shall be attached, 10
appended, or subscribed to any such Affidavit, Declaration, or Affirma-
tion, or any other Document; and that the Enactments contained in
the said Twenty-third and Twenty-fourth Sections shall be deemed to
be incorporated herein as effectually as if the same Enactments were
expressly re-enacted in this Act and applied to Registry Offices. 15

Term “Lord VII. The Term “ Lord Chancellor” shall mean also and include the
Chancellor.” Lord Keeper and Lords Commissioners for the Custody of the Great

Seal for the Time being.

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AMENDMENTS

MADE BY THE LORDS TO THE AMENDMENTS MADE

BY THE COMMONS

TO THE

OATHS IN CHANCERY, &c. BILL;

WITH REASONS.

The Lords disagree to the Amendment made by the Commons in Page 1. Line 14., being to leave out from (“ Solicitors”) to the First (" to ") in Line 15. and insert (“ in England”); but propose, in addition to the Words reinstated by such Disagreement with the Commons, to insert, instead of the Words (“ in England”) proposed by the Commons, the Words (" at their respective Places of Business”), for the following Reason : Because it is not intended to permit Solicitors acting as Commis

sioners beyond Ten Miles from London to act within the Ten Miles (which they cannot now do), and thereby take the Fees hitherto received for the Suitors Fund, but only to enable Solicitors residing within the Ten Miles to act at their own Residences, and this was conceded upon the Representation by them of the Hardship of having to leave their Business to go to Lincoln's Inn to have the Oath administered.

The Lords disagree to the Amendment made by the Commons in Page 1. Line 15., being to leave out (" and to”) and to insert (“ within Ten Miles of Lincoln's Inn Hall or elsewhere in England, who shall ”) For the Reason aforesaid, and because it was not intended

that any Solicitors should set up an Office in the Neighbourhood of the Court for the Purpose of administering Oaths and taking Declarations, Affirmations, and Attestations of Honour.

The Lords disagree to the Amendment made by the Commons in Page 2. Line 1., being to leave out from (" aforesaid ") to the First (" and ") in Line 3. ; but propose, in the Words reinstated by such 363.

DisagreeDisagreement with the Commons, to leave out the Word (“ Agents ) and insert (“Commissioners ")

The Lords also propose to amend Clause (A.), added by the Commons to the said Bill, as follows:

Line 12. Leave out (“ Agents”) and insert (“ Commissioners”)

The Lords propose the Two last Amendments as consequential upon the First Amendment made by the Commons in Page 1. Line 8.

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The Lords disagree to the Amendment made by the Commons in Page 2. Line 1. as previously mentioned, for the same Reason as that assigned for the Disagreement of the Lords to the Amendment in Page 1. Lines 14. and 15.

With the preceding Exceptions, the Lords agree to the whole of the Amendments made by the Commons to the said Bill.

19 April 1853. Orilered, by The House of Commons, to be Printed

OATHS IN CHANCERY, &c. BILL.

MADE BY THE COMMONS
MADE BY THE LORDS TO THE AMENDMENTS

363.

TO THE

AMENDMENTS

Onths in Chancery, &c. Bill.

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Making further Provision for the Execution of

the Office of Examiner of the High Court of
Chancery.

[Note. - The Words printed in Italics are proposed to be inserted

in Committee.]

W

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C. 86.

HEREAS by an Act passed in the Fiftieth Year of the Preamble.
Reign of His late Majesty King George the Third, 50G.3.c.164.

Chapter One hundred and sixty-four, it was amongst
other things enacted, that the Persons to be in future appointed to
5 the Office of Examiners of the High Court of Chancery should take

and subscribe in 'open Court the usual Oaths of Supremacy and
Abjuration, and also an Oath to the Purport or Effect therein set
forth : And whereas by an Act passed in the Session of Parliament 15 & 16 Vict.

held in the Fifteenth and Sixteenth Years of the Reign of Her
10 present Majesty, Chapter Eighty-six, it was enacted, that the Mode

of examining Witnesses in Causes in the said Court, and the Practice
of the said Court in relation thereto, so far as such Practice should
be inconsistent with the Mode therein-after prescribed by examining

Witnesses, should be abolished, and that the Evidence of Witnesses
15 to be adduced in Causes depending in the said Court might be taken

orally, and that such oral Examination should take place in the
Presence of the Parties, their Counsel, Solicitors, or Agents, and
that the Witnesses so to be examined should be subject to Cross-
126.

examination

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