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IMEACHTA AN CHOISTE.THE PROCEEDINGS OF THE COMMITTEE.Dé Céadaoin, 28 Meitheamh, 1961.Wednesday, 28th June, 1961.1. The Committee met at 8 p.m. 2. Members Present. The following members were present: The Parliamentary Secretary to the Minister for Justice, Deputies Booth, John A. Costello, Donegan, Gibbons, Lindsay, McGilligan and Thomas F. O’Higgins. 3. Election of Temporary Chairman. Motion made (Deputy Booth): “That Deputy Lindsay be Chairman of this meeting.” Question put, and agreed to. Deputy Lindsay took the Chair accordingly. 4. Consideration of Bill. The Committee resumed consideration of the Bill. (i) Section 12. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 8, line 4, before ‘38 and 47’ to insert ‘14,’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 8, line 7, to delete ‘parties’ and substitute ‘persons’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 8, line 9, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 8, line 10, to delete ‘the parties’ and substitute ‘such persons’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (3), page 8, line 16, to delete ‘parties’ and substitute ‘persons’.” Amendment agreed to. Section, as amended, agreed to. (ii) Section 13 agreed to. (iii) Section 14. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 8, line 28, to delete ‘render’ and substitute ‘give’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 8, line 31, to delete ‘rendered’ and substitute ‘given’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 8, line 33, to delete ‘subsection (3)’ and substitute ‘subsections (3) and (6)’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (3), page 8, line 44, to delete ‘expressly or impliedly’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (3), pages 8 and 9, to delete paragraph (c) and substitute the following paragraph: ‘(c) the plaintiff, at any time within the period limited by law for the enforcement of judgments and upon proof that, after taking reasonable steps, he has failed to obtain satisfaction of any judgment in whole or in part, shall have liberty to apply for secondary judgments having the effect of distributing the deficiency among the other defendants in such proportions as may be just and equitable.”’ Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (6), page 9, to add to the subsection the following: ‘;and the judgment against him may be given accordingly’.” Amendment agreed to. Section, as amended, agreed to. (iv) Section 15. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 9, line 27, after ‘default’ to insert ‘of appearance or defence ’.” Amendment agreed to. Section, as amended, agreed to. (v) Section 16. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (3), page 9, line 52, and in subsection (4), page 10, lines 1, 5, 6, 7 and 11, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (vi) Section 17. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 10, line 15, before ‘the other wrongdoers’ to insert ‘by such release or accord,’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 10, lines 16 and 17, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (vii) Section 18 agreed to. (viii) Section 19. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 11, lines 1 and 3, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 11, line 4, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 11, line 9, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 11, lines 10 and 15, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (4), page 11, line 25, to delete ‘Chapter III of this part’ and substitute ‘subsection (1) of section 34’.” Amendment agreed to. Section, as amended, agreed to. (ix) Sections 20 and 21 agreed to. (x) Section 22. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 11, line 51, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 11, line 52, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 12, line 4, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 12, line 5, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 12, lines 6, 11 and 14, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (xi) Section 23. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsections (1), (2) and (3), page 12, lines 18, 22, 30, 33, 35 and 36, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (4), page 12, lines 39 and 44, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Section, as amended, agreed to. (xii) Section 24. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In page 12, lines 47 and 48, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (xii) Section 25. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In page 13, lines 13 and 20, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (xiv) Section 26 agreed to. (xv) Section 27. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 13, line 52, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (4), page 14, line 8, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (4), page 14, line 8, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (4), page 14, lines 11, 13, 14, 15 and 16, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (xvi) New section. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “Before section 28 to insert the following new section: ‘Where, of three or more concurrent wrongdoers, judgment for contribution is given in favour of one against two or more, the claimant, at any time within the period limited by law for the enforcement of judgments and upon proof that, after taking reasonable steps, he has failed to obtain satisfaction of any judgment in whole or in part, shall have liberty to apply for secondary judgments having the effect of distributing the deficiency among the other defendants in such proportions as may be just and equitable’.” Question:—“That the new section be there inserted”—put, and agreed to. (xvii) Section 28 deleted. (xviii) Section 29. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 14, lines 29, 30, 32, 34 and 36 to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (2), page 14, line 38, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (3), page 14, lines 42, 44, 47 and 49, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (4), page 14, line 53, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (4) and (5), page 14, lines 55 and 56, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (5), page 15, lines 2 and 4, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (5), page 15, line 5, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (6), page 15, lines 13 and 17, to delete ‘parties’ and substitute ‘persons’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (6), page 15, to delete paragraph (b).” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (7), page 15, line 23, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (7), page 15, line 23, to delete ‘party’s’ and substitute ‘person’s.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (7), page 15, line 25, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (7), page 15, line 27, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (8), page 15, line 30, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (xix) Section 30. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (1), page 15, lines 37 and 38, to delete from ‘though arising’ to the end of the subsection and substitute ‘shall be deemed to be a cause of action within section 9’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In subsection (3), page 15, lines 50 and 51, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Section, as amended, agreed to. (xx) Section 31. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In page 15, line 53, to delete ‘party’ and substitute ‘person’.” Amendment agreed to. Amendment proposed (Parliamentary Secretary to the Minister for Justice): “In page 15, line 56, to delete ‘party’s’ and substitute ‘person’s’.” Amendment agreed to. Section, as amended, agreed to. (xxi) Sections 32 and 33 agreed to. 5. Adjournment. The Committee adjourned at 9 p.m. until 8 p.m. on Tuesday next. |
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