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IMEACHTA AN CHOISTE SPEISIALTA.PROCEEDINGS OF THE SPECIAL COMMITTEE.Déardaoin, 14 Feabhra, 1957.Thursday, 14th February, 1957.1. The Committee met at 3 p.m. 2. Members Present. The following members were present:— Senator Ó Buachalla (in the Chair), Senators Cox, Douglas, McCrea, Ó Ciosáin, O’Connell and Walsh. 3. Consideration of the Bill. The Committee resumed consideration of the Bill. (i) Postponed section 1. Amendment proposed (Senator Walsh): “In line 14 to delete ‘1958’ and substitute ‘1959’.” Amendment agreed to. Section, as amended, agreed to. (ii) Postponed section 2. Amendment proposed (Senator Walsh): “In subsection (1), page 6, to delete from ‘and’ in line 28 to ‘disability’ in line 33.” Amendment, by leave, withdrawn. Government amendment proposed from the Chair. “In subsection (1), page 6, line 54, before ‘on land’ to insert ‘or charge’.” Amendment agreed to. Amendment proposed (Senator Walsh): “In subsection (2) (a) (i), page 7, line 12, to delete ‘relationship’ and substitute ‘capacity’.” Amendment, by leave, withdrawn. Amendment proposed (Senator Walsh): “In subsection (4) (a), page 8, line 5, to delete ‘registered owner’ and substitute ‘person’.” Amendment, by leave, withdrawn. Section, as amended, agreed to. (iii) Postponed section 3, agreed to. (iv) Postponed section 6. Amendment proposed (Senator Walsh): “In lines 11, 12 and 14 to delete ‘or counterclaim’.” Amendment, by leave, withdrawn. Section agreed to. (v) Postponed section 11. Government amendment proposed from the Chair: “In subsection (1) (d), page 10, line 9, to insert ‘or where the arbitration is under any Act other than the Arbitration Act, 1954 (No. 26 of 1954)’ after ‘seal’.” Amendment agreed to. Amendment proposed (Senator Walsh): “To insert at the end of subsection (1) the following subparagraph:— ‘(f) any action to recover seamen’s wages’.” Amendment, by leave, withdrawn. Amendment proposed (Senator Walsh): “In subsection (2) (a), line 21, delete ‘six’ and substitute ‘four’.” Amendment, by leave, withdrawn. Amendment proposed (Senator Cox): “In subsection (2) (c), line 34, to delete ‘three’ and substitute ‘two’.” Amendment negatived. Amendment proposed (Senator Walsh): “To insert at the end of subsection (2) the following new subparagraph:— ‘(d) An action by a personal representative in respect of an injury done to the real property of a deceased person within six months before the death of such deceased person shall not be brought after the expiration of one year after the death of such deceased person’.” Amendment, by leave, withdrawn. Amendment proposed (Senator Walsh): “In subsection (4) to delete from ‘in’ in line 1 to ‘action’ in line 3 and substitute ‘after the expiration of six years from the time at which the right of action therefor accrued’.” Amendment, by leave, withdrawn. Amendment proposed (Senator Cox): “In subsection (5), line 5, to delete ‘twelve’ and substitute ‘twenty’.” Amendment negatived. Amendment proposed (Senator Walsh): “In subsection (5) (a) (i), line 9, to delete ‘or of a conventional rent’.” Amendment, by leave, withdrawn. Section, as amended, agreed to. (vi) Postponed section 13. Amendment proposed (Senator Walsh): “In subsection (1) (a), line 22, to delete ‘thirty’ and substitute ‘twenty’.” Amendment, by leave, withdrawn. Section agreed to. (vii) Postponed section 18 agreed to. (viii) Postponed section 25. Amendment proposed (Senator Walsh): “To delete subsections (2), (3) and (4).” Amendment, by leave, withdrawn. Section agreed to. (ix) Postponed section 28 agreed to. (x) Postponed section 29. Government amendment proposed from the Chair: “In page 17, to delete line 47, and substitute the following:— ‘years before the date of the warrant. (2) A warrant under section 33 of the Land Act, 1933, shall remain’.” Amendment agreed to. Section, as amended, agreed to. (xi) Postponed section 32 agreed to. (xii) Postponed section 33. Government amendment proposed from the Chair: “In page 18, line 34, to delete ‘Subject to section 52 of the Act of 1891’.” Amendment agreed to. Section, as amended, agreed to. (xiii) Postponed section 35. Amendment proposed (Senator Walsh): “In line 8, to delete ‘Subject to section 52 of the Act of 1891’.” Amendment, by leave, withdrawn. Section agreed to. (xiv) Postponed section 36. Amendment proposed (Senator Walsh): “In subsection (1) (a), line 15, to delete ‘or personal property (other than a ship)’.” Amendment, by leave, withdrawn. Section agreed to. (xv) Postponed section 37. Amendment proposed (Senator Walsh): “In subsection (2) (b), line 42, to delete ‘the’ and substitute ‘a’.” Amendment agreed to. Section, as amended, agreed to. (xvi) Postponed section 39 agreed to. (xvii) Postponed section 45. Amendment proposed (Senator Walsh): “In subsection (1), line 24, before ‘of’ where it secondly occurs to insert ‘including real estate devolving as personalty’.” Amendment, by leave, withdrawn. Amendment proposed (Senator Walsh): “To add at the end of the section the following new sub-section:— ‘(3) No action against a personal representative in respect of an injury committed by a deceased person in his lifetime to the real or personal property of another within six months before the death of such deceased person shall be brought after the expiration of six months of the date upon which such personal representative first intermeddled in the assets of such deceased person’.” Amendment, by leave, withdrawn. Section agreed to. (xviii) Postponed section 48. Amendment proposed (Senator Walsh): “To delete subsection (2) and substitute the following:— ‘(2) For the purpose of subsection (1) of this section, “parent” in relation to a person under a disability means his father, mother, grandfather, grandmother, stepfather or stepmother, notwithstanding that the relationship is illegitimate or in consequence of adoption under the Adoption Act, 1952 (No. 25 of 1952)’.” Amendment, by leave, withdrawn. Section agreed to. (xix) Postponed section 49. Amendment proposed (Senator Walsh): “In subsection (1) (b), line 27, before ‘not’ and after ‘disability’ to delete the brackets.” Amendment, by leave, withdrawn. Section agreed to. (xx) Postponed section 53. Government amendment proposed from the Chair: “In paragraph (b), page 25, line 11, before ‘liable’ to insert ‘in possession of the land or the person’.” Amendment agreed to. Section, as amended, agreed to. (xxi) Postponed section 59. Amendment proposed (Senator Walsh): “To delete subsection (5).” Amendment, by leave, withdrawn. Section agreed to. (xxii) Postponed section 69. Amendment proposed (Senator Walsh): “In subsection (1) before ‘the’ in line 12, to insert the following:— ‘(d) and, in the case of a simple contract debt, a promise to pay the debt is expressed upon, or can be implied from, such payment’.” Amendment, by leave, withdrawn. Section agreed to. (xxiii) Postponed section 71. Amendment proposed (Senator Walsh): “Before subsection (2) to insert a new subsection as follows:— ‘For the purposes of subsection (1) of this section— (i) it must be proved that there was actual fraud and not merely silence concerning the true owner’s rights, (ii) the fraud must have been such as would have enabled wrongful possession to have been taken at the time the right of action accrued, and must have continued all along until the period of limitation expired’.” Amendment, by leave, withdrawn. Section agreed to. Further consideration of the Bill adjourned. 4. Adjournment. The Committee adjourned at 6 p.m. until 3.30 p.m. on Thursday next. |
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