Dáil Éireann debate -
Tuesday, 25 Feb 1947

Vol. 104 No. 9

Agricultural Credit Bill, 1946-Report and Final Stages.

Amendments Nos. 1 and 2 not moved.

Parliamentary Secretary to the Minister for Finance (Mr. O'Grady)

I move amendment No. 3:-

In page 16, lines 60 to 63 and in page 17, lines 1 to 3, to delete paragraphs (a) and (b) of Section 24 (6), and substitute the following paragraph—

(a) a recognised lender may at any time by requisition under seal require the county registrar to inspect any such register and to provide such recognised lender with certified copies of any entries therein relating to the stock of any person named in such requisition.

During the Committee Stage, several Deputies criticised the provisions of sub-section (6) of Section 24 and I promised to have the section reexamined to see what could be done to meet the various points of view expressed. The amendment which I am now submitting provides that the corporation or a recognised bank cannot inspect the register of chattel mortgages directly but must do so through the county registrar. In addition, the request to the county registrar for a copy of any entries in the chattel mortgage register must be made under seal. The original provision in the Bill allowed any person duly authorised in writing by these bodies to inspect and take copies of any portion of the register. It seems to me that the amendment which I have now put forward provides adequate safeguards for the preservation of the secrecy of the register.

Mr. Briscoe

I participated in the discussion on the particular section on the Committee Stage, and I think the Parliamentary Secretary has met the views expressed from all sides of the House.

Amendment agreed to.

Mr. O'Grady

I move amendment No. 4:-

In page 20, line 37, Section 27 (1), to delete the words "at any hour at which" and substitute the words "between the hours of sunrise and sunset on any day on which".

Mr. Cosgrave

Does the Parliamentary Secretary mean the legal hours of sunset as defined in the Winter or Summer Time Order.

Mr. O'Grady

The position is that a civil bill may be served on any day of the year, except Sundays, Good Friday or Christmas Day. In the circumstances, the original wording might give rise to misunderstanding, because a civil bill can, in fact, be served at any hour of the 24, except on the days mentioned. It is considered desirable to limit the power of entering on lands to take inventories to the hours between sunrise and sunset, and this amendment provides accordingly.

Amendment agreed to.

Mr. O'Grady

I move amendment No. 5:—

In page 21, line 14, Section 28 (1) (d), to insert after the word "land" the words "and does not within one month replace such stock by new stock sufficient to bring the value of the stock on the land as near as may be to the value of the stock on the land at the date of the chattel mortgage".

During the Committee Stage, I promised to examine sub-section (1) (d) of Section 28 with a view to meeting the views of Deputies Hughes and Roddy. This amendment meets their views in so far as it is feasible to do so and rectifies the position under which it would have been possible (even though unlikely to occur) for the corporation or a bank to require immediate repayment of the full amount due on a mortgage when the mortgagor sold any of the stock off his land. The amendment does not interfere with the mortgagor's right to pay off the mortgage when he makes a sale of stock.

Amendment agreed to.

Mr. O'Grady

I move amendment No. 6:—

In page 22, to delete lines 16 to 21, Section 29 (2), and substitute the following sub-section:—

(2) (a) A notice in writing declaring that a floating chattel mortgage has become fixed shall, for the purposes of sub-section (1) of this section, be sufficiently served on the mortgagor if—

(i) in case the mortgagor is an individual, a copy thereof is—

(I) delivered to the mortgagor, or

(II) left for the mortgagor, at the mortgagor's last or most usual place of abode or business in the State, with any person (being the wife or husband or a relative, agent, clerk or servant of the mortgagor) who is aged 16 years or upwards, or

(ii) in case the mortgagor is a body corporate, a copy thereof is left for the mortgagor, at the mortgagor's place of business, with any agent, clerk or servant of the mortgagor who is aged 16 years or upwards.

(b) For the purposes of this sub-section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate shall be deemed to carry on business at its principal office or place of business.

In general, it may be said that where the mortgagor is an individual the notice must be left with a member of his family or with a person employed by him. If the mortgagor is a body corporate, the notice must be left with an employee at the registered office or principal place of business of that body corporate.

Amendment agreed to.

Mr. O'Grady

I move amendment No. 7:—

In page 24, line 54, Section 34 (1) (d) (iii), to delete the word "seven" and substitute the word "ten".

This amendment is introduced to meet the views expressed by Deputy Hughes, who wished to have the number of days increased from seven to ten.

Amendment agreed to.

Bill, as amended, received for final consideration.

Agreed to take the Final Stage now.

Question:—"That the Bill do now pass"—put and agreed to.