I move amendment No. 22 :
In subsection (3), pages 8 and 9, to delete paragraph (c) and substitute the following paragraph:
" (c) 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."
This amendment deals with the difficultyin regard to insolvency, raised by the Bar Council. I propose to follow the Council's suggestion and to allow the plaintiff to apply for secondary judgments only upon satisfying the Court that he had taken reasonable steps to obtain satisfaction in whole or in part of his original judgment against one of the wrongdoers. The amendment will also cover a point which Deputy Costello made to me about absence of a defendant beyond the seas. I think that Deputy Costello suggested the use of the words " or other default " after " insolvency " The amendment will cover the Deputy's point. I am proposing similar amendments to sections 28 and 38 (2).