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IMEACHTAÍ AN CHOISTE SPEISIALTA.PROCEEDINGS OF THE SPECIAL COMMITTEE.Dé hAoine, 12 Iúil, 1963.Friday, 12th July, 1963.1. The Committee met at 2.30 p.m. 2. Members Present. The following members were present:— Deputy Colley (in the Chair), the Minister for Industry and Commerce, Deputies de Valera, Gallagher, Pattison and Sweetman. 3. Consideration of Bill. The Committee took the Bill into consideration. (i) Section 1 agreed to. (ii) Section 2. Amendment proposed (Deputy Sweetman): “In subsection (1), page 2, line 15, after ‘business’ to insert ‘for profit’.” Amendment, by leave, withdrawn. Section agreed to. (iii) Section 3. Amendment proposed (Deputy Sweetman): “In subsection (1), between lines 31 and 32, to add a new paragraph as follows:— ‘(f) Every person who carries on more than one business and does not in carrying on each such business describe himself by the same Christian name.’” Amendment, by leave, withdrawn. Section agreed to. (iv) Section 4. Amendment proposed (Deputy Sweetman): “In subsection (1) to add a new paragraph as follows:— ‘(h) where at the date of registration the person carries on any other business, the general nature of such business and the name in which it is carried on and if such person is a director of a company the name of such company.’” Amendment, by leave, withdrawn. Amendment proposed (Deputy Sweetman): “To add to the section a new subsection as follows:— ‘(3) Where the business carried on at different places of business is of a different nature, the general nature of the business carried on at each such place of business shall be stated.’” Amendment, by leave, withdrawn. Section agreed to. (v) Sections 5 to 11 inclusive, agreed to. (vi) Section 12. Amendment proposed (Deputy Sweetman): “In subsection (1), line 2, after ‘name’ where it firstly occurs to insert ‘dies or’—.” Amendment, by leave, withdrawn. Section agreed to. (vii) Section 13. Amendment proposed (Deputy Sweetman): “In line 36 after ‘Act’ to add ‘and of the names of all individuals registered under this Act as trading under a business name or as the director of a company’.” Amendment, by leave, withdrawn. Section agreed to. (viii) New section. Amendment proposed (Deputy Sweetman): “Before section 14, to insert a new section as follows:— ‘(1) A person carrying on business under a business name which is not registered may at the option of a plaintiff be sued under such business name and service of a summons or other originating document or any other document in legal proceedings may be served either upon the person so carrying on business by sending the same addressed to the person under the business name or upon any person having at the time of the service control or management of the business at the place where it is carried on and such service shall be good service upon the person so sued whether the person is out of the jurisdiction or not and no leave to issue the summons or other originating document shall be necessary. (2) Where a plaintiff sues a person under his business name, he may apply to the Court for an Order directing any person or persons named in that order in the employment of the business to furnish on oath the name and address of the person carrying on the business at the time of the accruing of the cause of action and verified on oath or otherwise as the Court may direct.’” Amendment, by leave, withdrawn. (ix) Section 14. Amendment proposed (Deputy Sweetman): “In subsection (1), line 37, to delete ‘Minister’ and substitute ‘Registrar’.” Amendment, by leave, withdrawn. Section agreed to. (x) Section 15 agreed to. (xi) Section 16. Amendment proposed (Deputy Sweetman): “In subsection (1), line 3, after ‘fee’ to insert ‘not exceeding one shilling’.” Amendment, by leave, withdrawn. Section agreed to. (xii) Section 17. Amendment proposed (Deputy Sweetman): “To delete the word ‘rules’ wherever it occurs and to substitute ‘regulations’.” Amendment, by leave, withdrawn. Section agreed to. (xiii) Section 18. Amendment proposed (Deputy Sweetman): “In subsection (1), line 38, after ‘letters’ to insert ‘and other stationery including circulars, showcards, catalogues used in or in connection with the business’.” Amendment, by leave, withdrawn. Section agreed to. (xiv) Sections 19 to 23 inclusive, agreed to. (xv) Title agreed to. 4. Report of Committee. The Chairman brought forward a Draft Report which was read as follows:— “The Special Committee has gone through the Bill and has not made any amendments thereunto. The Bill is reported to the Dáil without amendment.” Draft Report agreed to. Ordered: To report accordingly. 5. Conclusion of Business. The Committee concluded its business at 4 p.m. |
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