Committee Reports > List of Committees > Seanad > 1928 > Select Committee on the Bodies Corporate (Executors) Bill, 1928 > Report and Proceedings - Bodies Corporate (Executors) Bill, 1928

IMEACHTA AN ROGHA-CHOISTE.

PROCEEDINGS OF THE SELECT COMMITTEE.

Dé Céadaoin, 18° Abeán, 1928.

Wednesday, 18th April, 1928.

1. Senator Brady took the Chair at 2.30 p.m.

2. Senators present.

The following Senators attended the sitting:—

T. W. Bennett, James G. Douglas and J. C. Dowdall.

3. Bodies Corporate (Executors) Bill, 1928.

(i). Section 1.

Amendment proposed (Senator Douglas):

To insert after sub-section (2) a new sub-section as follows:—

(3) The High Court may grant administration to a body corporate, either solely or jointly with another person.

Amendment withdrawn.

Amendment proposed (Senator Douglas):

Sub-section (3). To delete in line 20 the words “probate of a will is granted” and to substitute therefor the words “grant of probate or of administration is made.”

Amendment withdrawn.

Amendment proposed (Senator Douglas):

Sub-section (3). After the word “probate” in line 23 to insert the words “or administration.”

Amendment withdrawn.

Section 1 agreed to.

(ii). New section.

Amendment proposed (Senator Douglas):

Before Section 2 to insert a new section as follows:—

“2.—(1) Where the proper person or one of the proper persons to receive a grant of letters of administration is a body corporate, the High Court may grant such letters of administration to such body corporate by its corporate name either, as the circumstances may require, alone or jointly with the other proper person or persons.

(2) A body corporate to whom letters of administration are granted under this Act shall, subject to the rules contained in or made under this Act, have the same rights and be subject to the same duties under or in respect of such letters of administration as if it were an individual.”

Question put, and agreed to.

(iii). Section 2.

Amendment proposed (Senator Douglas):

Sub-section (1). After the word “probate” in line 27 to insert the words “and of letters of administration.”

Question put, and agreed to.

Amendment proposed (Senator Douglas):

Sub-section (2). After the word “executors” in line 32 to insert the words “and administrators, or either of them.”

Question put, and agreed to.

Amendment proposed (Senator Douglas):

Sub-section (2). After the word “executor” in line 35 to insert the words “or an administrator.”

Question put, and agreed to.

Amendment proposed (Senator Douglas):

Sub-section (2). To add at the end of the sub-section the words “or letters of administration, as the case may be.”

Question put, and agreed to.

Section 2, as amended, agreed to.

(iv). New section.

Amendment proposed (Senator Douglas):

Before Section 3 to insert a new section as follows:—

3. In this Act the expression ‘letters of administration’ means and includes all classes of letters of administration of the personal estate or part of the personal estate of a deceased person whether with or without a will annexed and whether granted for general, special or limited purposes, and the word ‘administrators’ where the context so admits includes persons applying for a grant of letters of administration.”

Question put, and agreed to.

(v). Section 3.

Amendment proposed (Senator Douglas):

After the word “Executors” in line 41, and within the bracket, to insert the words “and Administrators.”

Question put, and agreed to.

Section 3, as amended, agreed to.

(vi). Schedule.

Amendment proposed (Senator Douglas):

Rule 1. After the word “probate” in line 45 to insert the words “or of letters of administration.”

Question put, and agreed to.

Amendment proposed (Senator Douglas):

Rule 3. After the word “probate” in line 54 to insert the words “or of letters of administration.”

Question put, and agreed to.

Schedule, as amended, agreed to.

(vii). Title.

Amendment proposed (Senator Douglas):

After the word “persons” in line 8 to insert the words “and of letters of administration of the personal estates of deceased persons.”

Question put, and agreed to.

Title, as amended, agreed to.

Bill to be reported.

4. The Committee concluded its business at 3 p.m.

Cathaoirleach an Choiste.