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Dáil Éireann debate -
Wednesday, 24 Apr 1957

Vol. 161 No. 3

Statute of Limitations Bill, 1954—From the Seanad.

The Dáil went into Committee to consider amendments from Seanad Éireann.

I move that the Dáil agree with the Seanad in the following amendments:—

SECTION 1.

1. In line 14, "1958" deleted and "1959" substituted.

SECTION 2.

2. In sub-section (1), page 6, line 20, "1958" deleted and "1959" substituted.

3. In sub-section (1), page 6, line 54, "or charge" inserted before "on land".

SECTION 11.

4. In sub-section (1) (d), page 10, line 9, "or where the arbitration is under any Act other than the Arbitration Act, 1954 (No. 26 of 1954)" inserted after "seal".

SECTION 26.

5. In sub-section (2), page 17, line 24, "when" deleted and "where" substituted.

6. At the end of the section the following new sub-section inserted:—

(3) Where any chattels held upon trust, including a trust for sale, are in the possession of a person entitled to a beneficial interest in the chattels or in the proceeds of sale, not being a person solely and absolutely entitled thereto, no right of action to recover the chattels shall be deemed for the purposes of this Act to accrue during such possession to any person in whom the chattels are vested as trustee or to any other person entitled to a beneficial interest in the chattels or the proceeds of sale.

SECTION 29.

7. In page 17, line 47 deleted, and the following substituted:—

"years before the date of the warrant.

(2) A warrant under Section 28 of the Land Act, 1933, shall remain."

SECTION 33.

8. In page 18, line 34, "Subject to Section 52 of the Act of 1891" deleted.

SECTION 37.

9. In sub-section (2) (b), line 42, "the" deleted and "a" substituted.

SECTION 53.

10. In paragraph (b), page 25, line 11, "in possession of the land or the person" inserted before "liable".

I should like to explain that, for the benefit of practitioners and of any others who may be interested, the explanatory side notes will appear in the text of the Bill "as passed by both Houses of the Oireachtas" but not, of course, in the text of the Act.

Question put and agreed to.
Amendments reported and agreed to.
Ordered: That a message be sent to the Seanad accordingly.
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