Committee Reports > List of Committees > Dáil > 1963 > Special Committee on Registration of Business Names Bill, 1963 > Report and Proceedings - Registration of Business Names Bill, 1963 (Recommittal)

IMEACHTAÍ AN CHOISTE SPEISIALTA

PROCEEDINGS OF THE SPECIAL COMMITTEE

Dé Céadaoin, 24 Iúil, 1963.

Wednesday, 24th July, 1963.

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Colley (in the Chair), the Minister for Industry and Commerce, Deputies Booth, Cosgrave, de Valera, Gallagher, Norton and Sweetman.

3. Consideration of the Amendments.

The Committee took into consideration the amendments in respect of which the Bill was recommitted to it.

(1) Section 2.

Amendment proposed (Minister for Industry and Commerce):

“In page 2, line 33, to delete ‘rules’ and substitute ‘regulations’.”

Amendment agreed to.

(ii) Section 5.

Amendment proposed (Deputy Sweetman):

“In page 4, between lines 50 and 51, to insert a new subsection as follows:—

‘(4) Rules of Court shall provide for the making of applications to the High Court under this Act.’”

Amendment by leave, withdrawn.

(iii) Section 8.

Amendment proposed (Minister for Industry and Commerce):

“In page 5, line 25, before ‘carried’ to insert “normally’.”

Amendment agreed to.

(iv) Section 12.

Amendment proposed (Minister for Industry and Commerce):

“In page 6, line 3, after ‘that person’ to insert ‘or, in the case of an individual who dies, of his personal representative’.”

Amendment agreed to.

(v) New section.

Amendment proposed (Deputy Sweetman):

“In page 6, between lines 36 and 37, 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 under subsection (1) of this section 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.

(vi) Section 14.

Amendment proposed (Deputy Sweetman):

“In page 6, line 37, to delete ‘Minister’ and substitute ‘Registrar’.”

Amendment, by leave, withdrawn.

(vii) Section 17.

Amendment proposed (Minister for Industry and Commerce):

“In page 7, line 21, line 30, line 32, line 33 and line 34, to delete ‘rules’ and substitute ‘regulations’.”

Amendment agreed to.

(viii) Section 18.

Amendment proposed (Minister for Industry and Commerce):

“In page 7, line 38, after ‘letters’ to insert ‘, circulars and catalogues’.”

Amendment 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 made amendments thereunto. The Bill, as amended, is reported to the Dáil.

Amendment proposed (Deputy Sweetman):

“To delete ‘gone through’ and substitute ‘considered’ and to delete ‘thereunto’ and substitute ‘thereto’.”

Amendment agreed to.

Draft Report, as amended, agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its business at 11.40 a.m.