Dáil Éireann - Volume 27 - 29 November, 1928

PUBLIC BUSINESS. - COURTS OF JUSTICE (No. 2) BILL, 1928—THIRD STAGE.

The Dáil went into Committee.

Sections 1, 2 and 3 agreed to.

SECTION 4.

988

Where a judgment of the High Court on a summary summons or a plenary summons on foot of a liquidated demand was obtained on default of appearance of the defendant and has been set aside by the High Court or a Judge thereof before the 8th day of October, 1928, on account of the same having been obtained without any hearing of the [988] summons by the Master or Judge, the following provisions shall have effect, that is to say

Mr. RUTTLEDGE Mr. RUTTLEDGE

Mr. RUTTLEDGE: I move the amendment standing in my name. In page 3, line 26, after the figures “1928” to insert the words “or where the setting aside of such judgment has been affirmed by the Supreme Court.” The reason I move the amendment is to make it clear in the Bill that cases where there have been appeals against the setting aside may be covered. There is the case referred to by the Minister of Stokes v. Wilkie, and the case of Stokes and Quirke v. Quinn, that went to the Court of Appeal. I want to provide for these particular cases, where they go to the Court of Appeal.

Mr. FITZGERALD-KENNEY Mr. FITZGERALD-KENNEY

Mr. FITZGERALD-KENNEY: I am willing to accept the Deputy's amendment.

Amendment put and agreed to.

Mr. FITZGERALD-KENNEY Mr. FITZGERALD-KENNEY

Mr. FITZGERALD-KENNEY: I move:—

To delete the word “writ” where it occurs in lines 32 and 35 and substitute therefor in each case the word “order.”

This is merely a drafting amendment. The word used in the Bill is an absolete word in this country, and I wish to substitute “order” for “writ.”

Amendment put and agreed to.

Section 4, as amended, agreed to.

Section 5 and Title of the Bill agreed to.

The Dáil went out of Committee.

Bill reported with amendments.

Mr. FITZGERALD-KENNEY Mr. FITZGERALD-KENNEY

Mr. FITZGERALD-KENNEY: As this is an agreed measure, I would ask the House to take the other stages now.

Question: That the Bill be received for final consideration, put and agreed to.

Question: That the Bill do now pass, put and agreed to.

Ordered that the Bill be sent to the Seanad.

Dáil Éireann 27 PUBLIC BUSINESS. COURTS OF JUSTICE (No. 2) BILL, 1928—THIRD STAGE.

General Debate

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