I move amendment No. 74 :
In subsection (1), page 20, line 2, to delete " party " and substitute " person ".
SECTION 38
Amendment agreed to.
I move amendment No. 75 :
In subsection (1), page 20, line 5, before " having regard " to insert " under subsection (1) of section 34".
This amendment covers the same point as that covered by earlier amendments to sections 19 and 37. We think it better to refer specifically to section 34 (1).
Amendment agreed to.
I move amendment No. 76 :
In page 20, to delete subsection (2) and substitute the following subsection:
" (2) The plaintiff, at any time within the period limited by law for the enforcement of judgments and upon proof that, after taking reasonable steps, he has failed to obtain satisfaction of any judgment in whole or in part, shall have liberty to apply for secondary judgments having the effect of distributing the deficiency among the other defendants in such proportions as may be just and equitable."
It is proposed to reword subsection (2) so as to cover the same point about secondary judgments dealt with in amendment 22 to section 14 (3) and amendment 46 to section 28. The Committee has already accepted these amendments.
Amendment agreed to.
I move amendment No. 77 :
In subsections (9), (10), and (11), page 21, lines 15, 17, 22 and 27, to delete " party " and substitute " person ".
Amendment agreed to.
Section 38, as amended, agreed to.