The object of the Bill is to reform the law as to the limitation of actions and arbitrations. Not alone does it propose to reform that law but it will also clarify and consolidate it. In order to facilitate a study of the Bill, which is in many ways a technical one, explanatory sidenotes have been added. These notes indicate the existing statutory provisions and rules of law being consolidated, amended, repealed or overruled. On page 4 of the Bill Senators will find a legend showing the short method by which each statute is referred to in the sidenotes. We hope the notes will be of assistance and we propose to use notes of this type in all our law reform Bills. They will not, of course, appear in the Bills as enacted into law.
The Bill before the House deals, in the main, with the general Acts governing the limitation of the principal classes of legal action. The most important of these Acts are the Irish Common Law Procedure Act of 1853 and the Real Property Limitation Acts of 1833 to 1874. The 1853 Act is concerned with ordinary actions of contract and tort and the Real Property Acts deal with actions relating to land and money charged on land. It is important to note that, whereas the 1853 Act bars the remedy but leaves the right intact, the Acts of 1833 to 1874 bar the remedy and the right. The principle enshrined in the Bill is that, where there is a charge on land or personal property, once the remedy is gone the right is extinguished. This is in line with Government policy to simplify the title to property.
The Bill does not deal with special types of statutory action such as actions under the Fatal Accidents Act, 1956, the Industrial and Commercial Property Act, 1927, which deals with copyright actions, the Moneylenders Act, 1933, and the Workmen's Compensation Acts, 1934. It is a Bill to deal with the general statutes of limitation and not with particular statutes of limitation.
Part II of the Bill covers the periods of limitation for different classes of actions. In Section II will be found the proposals for contract and tort actions. The period will be six years for all such actions, except that for personal injuries actions and slander actions the period will be three years. We think that three years is long enough for actions arising out of, say, motor car accidents. In the case of slander, there seems no real reason why the action should not be brought within three years.
Actions to recover land and actions in respect of mortgages and charges on land or chattels are dealt with in Sections 13 to 42. The period will, as at present, be 12 years to recover the land (including a rentcharge) or a principal sum charged on land. The period for arrears of a rentcharge or interest on a principal sum will continue to be six years.
The Bill distinguishes between express and constructive trustees. By reason of Section 44 an express trustee will not be able to plead the statute where he has been guilty of fraud or where he retains the trust property. A personal representative will, however, be able to plead the statute except where he is guilty of fraud. A personal representative, in the case of registered land, has been held to be an express trustee by reason of a decision of the High Court. The Bill proposes to overrule the decision. Our proposals will help people to establish title to land, and will also, we hope, encourage the taking out of probate and administration.
Part III of the Bill deals with disability, acknowledgment, part-payment, fraud and mistake. In general, the law on these aspects of limitation is being simplified and a number of anomalies are being removed. The disability of absence beyond the seas is being abolished. Acknowledgment or part-payment need not imply a fresh promise to pay in any type of case. The differences between the rules of common law and the rules of equity in regard to fraud and mistake are resolved.
Part IV of the Bill applies the provisions of the Bill to arbitrations and is simply a re-enactment of the relevant provisions in the Arbitration Act, 1954.
The Bill will apply to the State and State authorities, but it will not apply to the recovery of taxes and duties under the care and management of the Revenue Commissioners. At present the State is not bound by the ordinary statutes of limitation because of the old doctrine that time does not run against the King. We think it is high time that we abolished this doctrine. This is in accordance with our policy to remove from our law the special privileges of the State in legal actions.
In ordinary contract and tort actions against the State, the limitation period will be the same as in actions between private citizens. In actions to recover land the proposal in the Bill is that, whereas the period for an ordinary person will be 12 years, the period for a State authority will be 30 years. The period for the recovery of foreshore will be 60 years. At present where Crown land is concerned the period is 60 years. No period of limitation applies to the Land Commission under existing law.
We think that this Bill represents a badly needed piece of legal reform. The existing law is in many respects uncertain and difficult, and we considered that a very useful purpose would be served if it were amended, clarified and brought up-to-date. On Committee Stage, I hope to be able to assist the House in dealing in detail with the various sections of the Bill. Also, the officers of my Department will always be readily available to discuss with any Senator any points arising out of proposals in the Bill.
It is generally admitted that there must be a law of limitation. There ought to be a definite restriction on ordinary litigation after a certain time. Where property is concerned, it is most desirable that title to it may be established after clear possession for a reasonable period.
We trust we have succeeded in what we set out to do and that the Bill, when law, will be a great benefit not alone to lawyers but also to laymen.