No. 35/1933:

DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Matters to which this Act applies.

3 Time for and notices of applications under this Act.

4 Application of certain provisions of the Principal Act.

5 Exclusion of certain classes of loss and damage.

6 Payment of compensation.

7 Application on section 13 of the Principal Act.

8 Application of section 19 of the Principal Act.

9 Exclusion of the Damage to Property (Compensation) (Amendment) Act, 1926.

10 Additional payments in respect of certain decrees under the Principal Act.

11 Limitation of time for payment of certain classes of compensation.

12 Chattels recovered after payment or award of compensation.

13 Short title and citation.

AN ACT TO AMEND AND EXTEND THE DAMAGE TO PROPERTY (COMPENSATION) ACTS, 1923 TO 1926.

[29th September, 1933.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "the Principal Act" means the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), as amended by the Damage to Property (Amendment) Act, 1923 (No. 43 of 1923);

the expression "Criminal Injuries Acts" and the word "injury" have the same meanings as they respectively have in the Principal Act;

the expression "the Judge" means the Judge of the Circuit Court having jurisdiction in the matter in relation to which the expression is used.

2.—(1) This Act applies to—

( a ) all injuries to property, being a building or chattels in or about a building, which occurred in Saorstát Eireann on or after the 24th day of April, 1916, and before the 21st day of January, 1919, and which were occasioned by acts of the British military or police authorities (whether such authorities were or were not acting or purporting to act under martial law) and which were sustained in one or other of the following circumstances, that is to say, while such building was being defended in arms by any person ordinarily resident therein against such authorities or while any such person was under arrest or was endeavouring to resist arrest by such authorities; and

( b ) all injuries to property (including damage to or destruction of property occasioned by acts of the British military or police authorities acting or purporting to act under martial law) which occurred in Saorstát Eireann on or after the 21st day of January, 1919, and on or before the 11th day of July, 1921, and in respect of which either no claim was made to the Compensation (Ireland) Commission or a claim was made to but was not determined by that Commission; and

( c ) all injuries to property which occurred in Saorstát Eireann after the 11th day of July, 1921, and on or before the 12th day of May, 1923, and in respect of which either—

(i) an application for compensation under the Criminal Injuries Acts was made under The Principal Act and was dismissed solely because of the provisions of paragraph (a) or paragraph (b) of section 9 of that Act, or

(ii) an application for compensation under the Criminal Injuries Acts could have been made and lawfully granted under The Principal Act or could have been so made and granted if paragraphs (a) and (b) of section 9 of that Act had not been enacted but (in either case) was in fact not duly made; and

( d ) all injurious acts which occurred in Saorstát Eireann after the 11th day of July, 1921, and on or before the 12th day of May, 1923, and were committed by any such persons as are mentioned in paragraph (d) of sub-section (9) of section 15 of the Principal Act, and consisted of the taking away of chattels (other than any such chattels as are mentioned in paragraph (b) of the said sub-section) whether with or without the owner's consent and in respect of which either no application for compensation under the Criminal Injuries Acts was lodged under section 15 of the Principal Act or such application was so lodged and was dismissed solely on one or more of the following grounds that is to say, because the chattels were not taken away without the owner's consent or because the provisions of paragraph (a) or paragraph (b) of section 9 of the Principal Act or because it was not proved that the chattels were taken away by any such persons as are mentioned in paragraph (d) of sub-section (9) of section 15 of the Principal Act; and

( e ) all injurious acts which occurred in Saorstát Eireann and which are by virtue of sub-section (10) of section 15 of the Principal Act wrongful acts within the meaning of that section and in respect of which either no application for compensation under the Criminal Injuries Acts was lodged under the said section 15 or such application was so lodged and was dismissed solely because of the provisions of paragraph (a) or paragraph (b) of section 9 of the Principal Act; and

( f ) all injurious acts which occurred in Saorstát Eireann on or after the 1st day of February, 1922, and on or before the 12th day of May, 1923, and were committed by a member or members of the armed forces under the, control of the Minister for Defence or maintained by the Provisional Government or the Government of Saorstát Eireann, and consisted of the unlawful taking away of chattels from premises or land in the lawful occupation of the owner of such chattels; and

( g ) any such direct loss or damage as is mentioned in sub-section (1) of section 5 of the Indemnity Act, 1924 (No. 40 of 1924), which occurred in Saorstát Eireann and in respect of which no claim was made under that section within the time limited by that sub-section.

(2) Notwithstanding anything contained in the foregoing sub-section of this section this Act (save as is otherwise provided in any subsequent provision of this Act) does not apply to any injury to property or any injurious act or any loss or damage in respect of which any payment of compensation has been made by the Government of the late United Kingdom of Great Britain and Ireland, any local authority, any Department of State or the Commissioners of Public Works in Ireland.

(3) In this section the expression "Saorstát Eireann" when used in relation to an act or event which occurred before the establishment of Saorstát Eireann means that part of Ireland which is now included in Saorstát Eireann.

3.—(1) Any person may, within three months after the appointed date, apply under this Act for compensation under the Criminal Injuries Acts in respect of any injury to property to which this Act applies or in respect of any injurious act to which this Act applies or in respect of any direct loss or damage to which this Act applies.

(2) Every person who applies under this Act for compensation under the Criminal Injuries Acts in respect of any injury to property, an injurious act, or any direct loss or damage to which this Act applies shall serve such notices in such forms and on such persons as shall be prescribed by regulations made by the Minister for Finance under this section.

(3) If, on the hearing of an application under this Act for compensation under the Criminal Injuries Acts, the Judge is not satisfied that the notices prescribed by the regulations made under the next preceding sub-section of this section have been duly served in accordance with those regulations, he shall adjourn the hearing of the application until such notices have been served and he may for that purpose extend the time prescribed by the said regulations for the service of any such notice, and, if such notices are not served within one month after such adjournment, he shall dismiss such application on such terms as to costs as he shall think proper.

(4) The notices to be served under the foregoing provisions of this section are in addition to and not in substitution for the notices required by the Criminal Injuries Acts.

(5) The times appointed by the Criminal Injuries Acts as amended by section 21 of the Principal Act shall, for the purposes of applications under this Act, be and the same are hereby extended to the expiration of three months from the appointed date.

(6) In this section the expression "the appointed date" means the day on which the first rules of Court for the purposes of The Principal Act as amended by this Act and for the purposes of this Act come into operation.

4.—(1) The following provisions of The Principal Act shall apply, with and subject to the modifications hereinafter mentioned, in respect of applications made under this Act for compensation under the Criminal Injuries Acts in respect of injuries to property to which this Act applies as fully as they applied to applications under The Principal Act in respect of injuries to property to which Part II of that Act applied, that is to say:—

( a ) sections 5, 6, and 7, and sub-sections (1) and (3) of section 8;

( b ) section 9 with the omission of all words from the words "or if in the opinion" to the end of the section;

( c ) sub-sections (5), (8), (10), (11), (13), and (14) of section 10;

( d ) section 11.

(2) The following provisions of The Principal Act shall apply, with and subject to the modifications hereinafter mentioned, in respect of applications made under this Act for compensation under the Criminal Injuries Acts in respect of injurious acts or direct loss or damage to which this Act applies as fully as they applied to applications lodged under section 15 of the Principal Act, that is to say:—

( a ) sections 5, 6, and 7 and sub-sections (1) and (3) of section 8;

( b ) section 9 with the omission of all words from the words "or if in the opinion" to the end of the section;

( c ) section 11;

( d ) section 15 (except sub-section (1) thereof) with the omission from sub-section (4) of the reference to a reinstatement condition, and the substitution in sub-section (8) of the High Court for the Judge of Assize, and the omission of the words " without the consent of the owner " from sub-paragraph (ii) of paragraph (a) of sub-section (9), and the omission (in relation only to applications in respect of acts which are injurious acts to which this Act applies by virtue of paragraph (f) of sub-section (1) of section 2 of this Act) of paragraph (d) of sub-section (9), and the omission from sub-section (11) of the words " and of Parts II and III of this Act."

(3) In the application, in pursuance of this section, of provisions of The Principal Act, the expression

the Judge" shall be construed as meaning the Judge of the Circuit Court having jurisdiction in the matter, and references to applications under The Principal Act or any particular Part or section thereof shall be construed as references to applications under this Act.

5.—Notwithstanding anything contained in this Act or in The Principal Act as applied by this Act, the Judge, when assessing the compensation to be awarded by a decree or stated in a report made on an application under this Act for compensation under the Criminal Injuries Acts, shall not take into consideration—

( a ) any such loss or damage as is mentioned in paragraph (a) of sub-section (3) of section 5 of the Indemnity Act, 1924 (No. 40 of 1924), nor

( b ) any loss or damage consisting of or relating to the imposition or payment of a fine imposed by any tribunal whatsoever, nor

( c ) any loss or damage consisting of the payment or expenditure of money, other than expenditure consequential on an injury to property, injurious act, or direct loss or damage to which this Act applies.

6.—(1) The compensation and the costs awarded by a decree made under the Criminal Injuries Acts on an application under this Act in respect of an injury to property to which this Act applies shall be paid to the applicant or other person entitled thereto under such decree by the Minister for Finance in accordance with this Act.

(2) Whenever the Judge reports under section 15 of the Principal Act as applied by this Act that a person has suffered loss either by an injurious act to which this Act applies or by reason of any direct loss or damage to which this Act applies, the Minister for Finance may pay in accordance with this Act to such person such sum by way of compensation for such loss as the said Minister shall, having regard to the terms of such report, think proper but not exceeding the sum stated in such report to be the sum which would fairly compensate such person for such loss.

(3) Wherever it was stated in a report made under section 15 of the Principal Act to the Minister for Finance before the passing of this Act that a person had suffered loss by a wrongful act to which that section applied and the said Minister made no payment to such person by way of compensation for such loss because of the provisions of paragraph (a) or paragraph (b) of section 9 of the Principal Act or of sub-paragraph (ii) of paragraph (a) of sub-section (9) of section 151 of the Principal Act, it shall be lawful for the said Minister, if he so thinks proper, to pay in accordance with this Act to such person, at any time after the passing of this Act and notwithstanding the said provisions of The Principal Act, such sum by way of compensation for such loss as the said Minister shall, having regard to the terms of such report, think proper but not exceeding the sum stated in such report to be the sum which would fairly compensate such person for such loss.

7.—(1) Section 13 (except sub-sections (1) and (11) thereof, the proviso to sub-section (3) thereof, and so much of sub-section (6) thereof as begins with the words "and such security" and ends with the words "previous to his death") of The Principal Act shall apply (with and subject to the modifications hereinafter mentioned) in relation to the compensation and the costs awarded by any decree made under the Criminal Injuries Acts on an application under this Act in respect of an injury to property to which this Act applies and in relation to every such decree in like manner as it applies to the compensation and costs and to the decrees mentioned therein.

(2) The said section 13 (except sub-sections (1), (2), and (11) thereof, the proviso to sub-section (3) thereof, and so much of sub-section (6) thereof as begins with the words "and such security" and ends with the words "previous to his death") of The Principal Act shall also apply (with and subject to the modifications hereinafter mentioned) in relation to every sum which the Minister for Finance shall think proper to pay under this Act by way of compensation in consequence of a report made before the passing of this Act to him under section 15 of the Principal Act or made after the passing of this Act to him under the said section 15 as applied by this Act in like manner as it applies to the compensation mentioned therein."

(3) For the purposes of the application of the said section 13 of the Principal Act in pursuance of this section the following paragraphs shall be substituted in sub-section (5) for paragraphs (a) to (e) inclusive of that sub-section, that is to say:—

"( a ) in the case of compensation awarded by a decree—

(i) where such compensation does not exceed £300, the whole of such compensation, and

(ii) where such compensation exceeds £300, such sum (if any) as may be necessary for either or both of the following purposes, that is to say, to reduce the amount of such compensation to be dealt with under the next sub-section to a multiple of £50 or to enable a debt or other sum of money which is not a multiple of £50 to be deducted under sub-section (3) of this section;

( b ) in the case of compensation paid in consequence of a report—

(i) where such compensation is less than £50, the whole of such compensation, and

(ii) where such compensation equals or exceeds £50, such sum (if any) as may be necessary for either or both of the following purposes, that is to say, to reduce the amount of such compensation to be dealt with under the next sub-section to a multiple of £50 or to enable a debt or other sum of money which is not a multiple of £50 to be deducted under sub-section (3) of this section."

(4) Where a deductions made, under sub-section (3) of the said section 13 of the Principal Act as applied by this section, from compensation which is payable wholly or partly in securities, such securities shall, for the purpose of such deduction, be taken at their nominal face value and (in the case of compensation payable only partly in securities) such deduction shall so far as is possible be made from such securities."

8.—The power to make rules mentioned in section 19 of the Principal Act shall extend to the making of rules of Court for the purposes of The Principal Act as amended by this Act and for the purposes of this Act.

9.—The Damage to Property (Compensation) (Amendment) Act, 1926 (No. 19 of 1926), shall not apply to any compensation awarded by a decree made under the Criminal Injuries Acts on an application made under this Act nor to any compensation which the Minister for Finance shall think proper to pay under this Act in consequence of a report made to him under section 15 of the Principal Act or under that section as applied by this Act.

10.—(1) Where—

( a ) before the passing of this Act a decree awarding compensation for a specified amount (in this section referred to as the original amount) was made under The Principal Act in favour of any person, and

( b ) an appeal was lodged by the Minister for Finance against such decree on the ground that paragraph (a) or paragraph (b) of section 9 of the Principal Act applied to such person, or on that ground and other grounds, and

( c ) an agreement was entered into between the said Minister and such person whereby such person agreed to accept in discharge of such decree an amount (in this section referred to as the agreed lesser amount) less than the original amount, and in consequence of such agreement such appeal was withdrawn or, if not withdrawn, such decree was on the hearing of such appeal affirmed by agreement with a reduction of the original amount to the agreed lesser amount,

it shall be lawful for the said Minister, if he so thinks proper, to pay in accordance with this section to such person, subject, where there was attached to such decree a reinstatement condition, to compliance by such person with such conditions (if any) as the said Minister thinks fit to attach to such payment, such sum, not exceeding the difference between the original amount and the agreed lesser amount, as the said Minister thinks proper.

(2) Section 13 of the Principal Act shall apply to every sum which the Minister of Finance shall think proper to pay under sub-section (1) of this section in like manner as it applies to the compensation mentioned in the said section 13, with and subject to the following modifications, that is to say:—

( a ) sub-sections (1), (2), (4), (11) and (12) of the said section 13 shall not apply, and

( b ) the references in sub-section (5) of the said section 13 to a reinstatement condition shall be construed as references to conditions attached under sub-section (1) of this section to the payment of such sum.

(3) The Damage to Property (Compensation) (Amendment) Act, 1926 (No. 19 of 1926), shall apply in respect of every sum which the Minister for Finance shall think proper to pay under sub-section (1) of this section in like manner as it applies to compensation under a decree under the Criminal Injuries Acts in respect of any injury to which Part II of The Principal Act applies.

11.—(1) Notwithstanding anything contained in any other Act and except where a reinstatement condition is attached to the decree and no part of such reinstatement condition was complied with before the passing of this Act, no payment shall be made after the 30th day of September, 1934, in respect of any compensation awarded by a decree made under The Principal Act, and any such compensation or part of such compensation not claimed and paid before that date shall be irrecoverable.

(2) Where a reinstatement condition is attached to a decree awarding compensation made under the Principal Act and no part of such reinstatement condition was complied with before the passing of this Act, the following provisions shall have effect, that is to say:—

( a ) in case the person to whom such compensation was awarded dies after the passing of this Act and before the 1st day of July, 1936, the following provisions shall have effect, that is to say, notwithstanding anything in any other Act, no payment shall be made after the expiration of three years after the death of such person in respect of such compensation, and any such compensation or part of such compensation not claimed and paid before such expiration shall be irrecoverable;

( b ) in case—

(i) the person to whom such compensation is awarded dies after the 30th day of June, 1936, and

(ii) any son or daughter of such person has before the 1st day of July, 1936, agreed in writing with the Minister that, in the event of his or her becoming entitled on the death of such person to the land on which was situate the premises in respect of which such compensation was awarded, he or she will, within a period of three years after the death of such person, completely comply with such reinstatement condition, and

(iii) such son or daughter becomes so entitled,

the following provisions shall have effect, that is to say, notwithstanding anything contained in any other Act, no payment shall be made after the expiration of such period in respect of such compensation, and any such compensation or part of such compensation not claimed and paid before such expiration shall be irrecoverable;

( c ) in any other case, the following provisions shall have effect, that is to say, notwithstanding anything contained in any other Act, no payment shall be made after the 30th day of June, 1936, in respect of such compensation and any such compensation or part of such compensation not claimed and paid before that date shall be irrecoverable.

(3) No payment shall, except where there is attached to the award or report (as the case may be) a reinstatement condition and no part of such reinstatement condition was complied with before the passing of this Act, be made by the Minister for Finance after the 30th day of September, 1934, in respect of any compensation awarded by the Compensation (Ireland) Commission or in respect of any loss or damage which was the subject of a report made before the passing of this Act under section 15 of the Principal Act.

(4) Where a reinstatement condition is attached to an award of compensation made by the Compensation (Ireland) Commission or to a report made before the passing of this Act under section 15 of the Principal Act, and no part of such reinstatement condition was complied with before the passing of this Act, the following provisions shall have effect, that is to say:—

( a ) in case the person in whose favour such award or report (as the case may be) was made dies after the passing of this Act and before the 1st day of July, 1936, the following provisions shall have effect, that is to say, no payment shall be made by the Minister for Finance after the expiration of three years after the death of such person, in respect of (as the case may be) such compensation or any loss or damage which was the subject of such report;

( b ) in case—

(i) the person in whose favour such award or report (as the case may be) was made dies after the 30th day of June, 1936, and

(ii) any son or daughter of such person has before the said 1st day of July, 1936, agreed in writing with the Minister that, in the event of his or her becoming entitled on the death of such person to the land on which was situate the premises to which such award or report (as the case may be) relates, he or she will, within a period of three years after the death of such person, completely comply with such reinstatement condition, and

(iii) such son or daughter becomes so entitled,

the following provisions shall have effect, that is to say, no payment shall be made by the said Minister after the expiration of such period in respect of (as the case may be) such compensation or any loss or damage which was the subject of such report;

( c ) in any other case, the following provisions shall have effect, that is to say, no payment shall be made by the said Minister after the 30th day of June, 1936, in respect of (as the case may be) such compensation or any loss or damage which was the subject of such report.

(5) No payment shall be made by the Minister for Finance after the 30th day of September, 1934, in respect of any loss or damage which was the subject of a report made before the passing of this Act under section 5 of the Indemnity Act, 1924 (No. 40 of 1924).

12.—(1) This section applies to—

( a ) all compensation which has been or shall hereafter be paid out of public funds on the recommendation of the Compensation (Ireland) Commission or under The Principal Act or under the Indemnity Act, 1924 (No. 40 of 1924);

( b ) all compensation which has been or shall hereafter be paid out of public funds by any Department of State or the Commissioners of Public Works in Ireland in respect of an act, event, or thing which took place on or after the 21st day of January, 1919, and on or before the 12th day of May, 1923;

( c ) all compensation which shall be paid out of public funds under this Act.

(2) Where any compensation to which this section applies has been or shall hereafter be paid or any compensation to which this section will apply when such compensation is paid has been or shall hereafter be awarded in respect wholly or partly of the destruction, taking away, or loss of any chattels and such chattels are recovered (whether before or after the passing of this Act) by the Gárda, Síochána or by the person to whom such compensation was paid or by any other person, such chattels shall on the passing of this Act or the recovery of such chattels (whichever is the later) become and be the property of the Minister for Finance and, if not in his possession, may be recovered by the said Minister by civil action in any Court of competent jurisdiction.

(3) Where any chattels become the property of the Minister for Finance by virtue of this section, the person who satisfies the said Minister that he would, but for this section, be the owner of such chattels shall be entitled to purchase such chattels from the said Minister at a price equal to the amount of the compensation paid or awarded in respect of the destruction, taking away, or loss of such chattels or (where such compensation is not segregated from compensation paid or awarded in respect of other matters) at a price equal to the amount of compensation which, in the opinion of the said Minister, was paid or awarded in respect of such destruction, taking away, or loss or, in either case, at such lesser price as shall be agreed upon by the said Minister and the said person.

(4) If the person who would be entitled under the next preceding sub-section of this section to purchase any chattels from the Minister for Finance is known to the said Minister, the said Minister shall give to such person an opportunity of so purchasing such chattels.

(5) All chattels which become the property of the Minister for Finance by virtue of this section and are not purchased under the preceding provisions of this section shall be sold or otherwise disposed of by the said Minister for the benefit of the Exchequer at such time and in such manner as the said Minister shall think proper.

13.—(1) This Act may be cited as the Damage to Property (Compensation) (Amendment) Act, 1933 .

(2) The Damage to Property (Compensation) Acts, 1923 to 1926, and this Act may be cited together as the Damage to Property (Compensation) Acts, 1923 to 1933.