I ask that the Report Stage be taken now. I have three slight drafting amendments as a result of criticisms on the Committee Stage yesterday. They are not of any consequence, and they are all to meet good and valid objections raised yesterday, and upon which there seemed to be general agreement.
DAIL EIREANN COURTS (WINDING UP) BILL, 1923. - THE DAIL RESUMES.
Bill reported.
Mr. O'HIGGINS
Report Stage ordered to be taken to-day.
Mr. O'HIGGINS
I move that the Bill be now received for final consideration.
I move an amendment in Section 5, Sub-section (4), line 60, to add after the word "Act" the words "but nothing in this Act shall prevent any registered decree being pleaded and given in evidence by way of defence or set-off in any proceedings."
Mr. O'HIGGINS
This amendment is to meet certain criticism expressed by Deputy Gavan Duffy yesterday. I am advised that the words are superfluous, and neither add to nor subtract anything from the Bill; but to meet the Deputy's wishes and the anxiety he professed to feel, I thought it better to insert these words.
Amendment agreed to.
I beg to move an amendment in Section 20, Sub-section (2), line 44, to insert a new clause as follows:—
(d) fixing the liability for the costs incurred in proceedings before the Commissioners, and measuring the amount of such costs.
Mr. O'HIGGINS
Yesterday I submitted that the fact that the Commissioners were themselves a court gave them power under their general rules to award costs, but the Deputy wished to see it explicitly in the Bill, and the amendment is to meet that.
Amendment agreed to.
I beg to move an amendment in Section 26, Sub-section 1, line 6: To delete the word "good," and insert in lieu thereof the words prima facie, and in line 10 to insert immediately before the words “upon such terms” the words “at any time within three months after the passing of this Act and.”
Mr. O'HIGGINS
This is an amendment to an amendment moved yesterday evening. Deputy Duggan moved to insert in Section 25 of the Bill a new sub-section, enabling a certain class of case to be reopened in certain circumstances. One of the conditions was that the applicant should first prove he had good evidence. Deputy Gavan Duffy took objection to the word as asking too much at the preliminary hearing. Although I am sure there is precedent for the form of words used, it is now proposed to qualify the word by the words prima facie. As regards the three months limit, it seems that any case which is to be reopened under the provisions of this Bill should be reopened immediately, and that it should not be left indefinitely open to people to ask for a rehearing of a case decided during the period referred to.
Amendment agreed to.
I beg to move as an amendment in Section 27, Sub-section (1), to insert a new sub-section:
"Provided always that this section shall not apply in the case of any land which shall have been conveyed or assured bona fide and for valuable consideration.”
Mr. O'HIGGINS
I accept that.
Motion made and question put: "That the Bill, as amended, be received for final consideration."
Agreed.
Mr. O'HIGGINS
I move that the Bill do now pass.
I beg to second the motion.
Question put and agreed to.