Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 21 Feb 1923

Vol. 2 No. 30

TEACHTA TAKES THE OATH.

Would Deputy Everett please come forward and take the Oath.

took and subscribed the oath.

Amendment put.
The Dáil divided:— Tá, 28; Níl, 19.

  • Donchadh Ó Guaire.
  • Seán Ó Maolruaidh.
  • Mícheál Ó hAonghusa.
  • Pádraig Mag Ualghairg.
  • Peadar Mac a' Bháird.
  • Deasmhumhain Mac Gearailt.
  • Seán Ó Ruanaidh.
  • Ailfrid Ó Broin.
  • Domhnall Mac Cárthaigh.
  • Eoin Mac Néill.
  • Pádraig Ó hÓgáin.
  • Seosamh Ó Faoileacháin.
  • Seoirse Mac Niocaill.
  • Fionán Ó Loingsigh.
  • Séamus Ó Cruadhlaoich.
  • Criostóir Ó Broin.
  • Próinsias Bulfin.
  • Séamus Ó Dóláin.
  • Aindriú Ó Láimhín.
  • Próinsias Mag Aonghusa.
  • Eamon Ó Dúgáin.
  • Peadar Ó hAodha.
  • Séamus Ó Murchadha.
  • Seosamh Mac Giolla Bhrighde.
  • Liam Mac Sioghaird.
  • Tomás Ó Domhnaill.
  • Earnán de Blaghd.
  • Uinseann de Faoite.

Níl

  • Seán Ó Duinnín.
  • Tomás de Nógla.
  • Riobárd Ó Deaghaidh.
  • Tomás Mac Eoin.
  • Liam Ó Briain.
  • Earnán Altún.
  • Gearóid Mac Giobúin, K.C.
  • Liam Thrift.
  • Tomás Ó Conaill.
  • Aodh Ó Cúlacháin.
  • Séamus Eabhróid.
  • Risteárd Mac Liam.
  • Seán Ó Laidhin.
  • Cathal Ó Seanáin.
  • Seán Buitléir.
  • Domhnall Ó Broin.
  • Domhnall Ó Muirgheasa.
  • Risteárd Mac Fheorais.
  • Domhnall Ó Ceallacháin.
Amendment carried.
SECTION 5.

I beg to propose Amendment No. 10:—

"In Sub-section (4), line 27, to insert after the word ‘as' the words ‘those out of which.'" This is merely a verbal alteration.

Amendment agreed.
SECTION 6.

I propose the following amendment:—

"To insert immediately before Section 6 the following new Section:—

(1) Any District Justice, if and whenever he thinks it just and reasonable so to do, may, subject to the limitations imposed by this section, extend the time limited by any statute, rule or regulation for the institution of any proceedings at Petty Sessions or in a District Court, or for giving any notice, serving any document, or doing any act, matter or thing, in relation or as a condition precedent to any such proceedings.

(2) The power of extension of time conferred by this section may be exercised, whether such time has or has not expired at the date of the exercise of such power, but such power shall only be exercised in respect of a time which has expired or will expire after the 31st day of December, 1920, and before the 1st day of July, 1923.

(3) No time shall be extended under this Section to any date after the 31st day of December, 1923."

The object of that amendment is to afford facilities to litigants to initiate proceedings which in the ordinary course should have been taken within a certain period of time limited by statute. In view of the fact that in many cases during the last few years there were no Courts functioning it gives litigants an opportunity of exercising their rights.

I suppose the use of the expression "Petty Sessions" in this clause is all right. It ought to be, in my opinion, "any District Court in lieu of Petty Sessions." I thought we had abolished what used to be known as Petty Sessions.

The words "Petty Sessions" are used in the Act.

Would it not make it read more correctly if it were put "District Courts in lieu of Petty Sessions"? Any proceedings instituted now will be in the District Court instead of the Petty Sessions, which have disappeared. It would really be a matter for a verbal amendment at a later stage, but I think the wording is a little doubtful as it stands.

A verbal amendment on the next stage would be in order.

In future, proceedings will be instituted in the District Court.

Except in so far as this is retrospective and applies to the past.

Under the Statute of Limitations litigants would be debarred after six years from instituting proceedings. I take it that this amendment is introduced to allow litigants to exercise discretion in such matters, and therefore avoid hardship.

It does apply to such cases.

Amendment agreed.
SCHEDULE 3.

I beg to propose Amendment No. 12:—

"To delete the letters ‘B.L.' wherever they appear, and insert in lieu thereof the words ‘Barrister-at-Law.'

To add to the Schedule the name ‘P. O Sullivan, Barrister-at-Law.'"

Amendment agreed.
Question put and agreed to.
Barr
Roinn