S.I. No. 172/1933 - Damage To Property (Notice of Application) Regulations, 1933.

SAORSTÁT EIREANN STATUTORY RULES AND ORDERS. 1933. No. 172.

DAMAGE TO PROPERTY (NOTICE OF APPLICATION) REGULATIONS, 1933.

WHEREAS it is enacted by sub-section (2) of Section 3 of the Damage to Property (Compensation) (Amendment) Act, 1933 (No. 35 of 1933), that every person who applies under the said 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 the said 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 the said section:

NOW, therefore, the Minister for Finance in exercise of the powers conferred on him by sub-section (2) of Section 3 of the Damage to Property (Compensation) (Amendment) Act, 1933 (No. 35 of 1933), and of every and any other power him in this behalf enabling, doth hereby make the following regulations, that is to say:—

1. These Regulations may be cited for all purposes as the Damage to Property (Notice of Application) Regulations, 1933.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. Every person who applies under the Damage to Property (Compensation) (Amendment) Act, 1933 (No. 35 of 1933), 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 the said Act applies, shall serve a notice in the form set out in the Schedule to these Regulations.

4. The original of the said notice shall be lodged with or sent by registered post to the County Registrar of the county, county borough or other area in which the application for compensation is intended to be made.

5. One copy of the original of the said notice shall be served on or sent by registered post to each of the following persons, that is to say:—

(a) the Minister for Finance, Upper Merrion Street, Dublin ; and

(b) when the application is intended to be made in the county or the county borough of Dublin, on the Chief State Solicitor, Dublin Castle, and, when the application is intended to be made in any place other than the county or the county borough of Dublin, on the State Solicitor for the county, county borough, or other area in which the application is intended to be made.

Given under the Official Seal of the Minister for

Finance, this 16th day of December, in the year

One Thousand Nine Hundred and Thirty-three.

(Signed) J. J. McELLIGOTT.

SCHEDULE TO THESE REGULATIONS.

SAORSTáT EIREANN.

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

Form prescribed by the Minister for Finance for applications under Section 3 of the Damage to Property (Compensation) (Amendment) Act, 1933 .

The application must be made on or before the 31st day of March, 1934.

I/WE............................................................ ..........................................................

now residing at............................................................ ............................................................ 

in the County/City of............................................................ ..........................do hereby solemnly and

sincerely declare that on or about the.................day of.............................................19...

at............................................................ ............in the of..........................

...............................................the property of which details are set out in the First Schedule hereto was taken away ; and that the details given in columns (1), (2), (3) and (4) of the said Schedule are correct ; and that in consequence of such taking away, application is hereby made for the amount specified in column (5) of the said Schedule ; and that the further particulars in regard to this application set out in the Second Schedule hereto are correct ; and that the application is made by as (1).....................and that no person is interested in the said property except.............................. or

that the said property was not at the time of taking away insured by or any other person(2) except as set out in paragraph (2) of the Second Schedule hereto:

AND also hereby solemnly and sincerely declare:—

(a) that no previous application was made on behalf to

(i) the Compensation (Ireland) Commission, or

(ii) the Committee established under Section 5 of the Indemnity Act, 1924 , or

(iii) the Court under the Criminal Injuries Acts ; or

(b) that an application could have been made and lawfully granted under the Damage to Property (Compensation) Act, 1913 (No. 15 of 1923), 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 ; or

(c) that an application was made on behalf to the Compensation (Ireland) Commission but was not determined by that Commission ; or

(d) that an application was made on behalf to the Court at.......................................under the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), and that the said application was dismissed by that Court at.....................on the............day of...........................19..., solely on one or more of the following grounds:—

(1) Insert " owner " " lessee " " mortgagee " or " steward " as the case may be.

(2) Strike out the words following if the property was not insured.

Strike out (a) in whole or in part if inapplicable.

Strike out (b) if inapplicable.

Strike out (c) if inapplicable.

Strike out (d) in whole or in part if inapplicable.

(i) because of the provisions of 1paragraph (a) or (b) of Section 9 of that Act, or

(ii) because it was not proved that the property was taken away by any such persons as are mentioned in paragraph (d) of sub-section (9) of Section 15 of that Act, or

(iii) because the property was not taken away without my/our consent.

AND I/WE make this Solemn Declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835.

Signature of ............................................................ ............................(3) Or Peace Commissioner.

Made and subscribed the.........day of.............................................1934 at.................................in the said before me a (3) Commissioner for Oaths in the said

To:

The County Registrar for the.....................of........................

The Minister for Finance, Upper Merrion Street, Dublin.

The State Solicitor for the.......................of........................

(or the Chief State Solicitor, Dublin Castle).

FIRST SCHEDULE.

PARTICULARS OF THE APPLICATION.

(To be given in detail).

(3) Or Peace Commissioner.

SECOND SCHEDULE.

1. Insert here a brief narrative of the circumstances in which the loss mentioned in the First Schedule was sustained.

2. State here particulars of insurance policies in respect of property mentioned in the First Schedule in force at the time of the damage, destruction or taking away, including name of company, number and amount of policy or policies, rate of premium and nature of risks covered, especially whether risk of riot or civil commotion was covered.

3. Where an application in respect of the loss mentioned in the First Schedule was made to (a) the Compensation (Ireland) Commission, (b) the Committee established under section 5 of the Indemnity Act, 1924 , or (c) the Court under the Criminal Injuries Acts, state the result.

4.—(a) Has any payment already been received from 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, or from any other source in respect of the loss mentioned in the First Schedule?

(b) If so, state the amount, the date and the source from which it was received.

5. If any Government Department was interested in the property at the time it was damaged, destroyed or taken away, give particulars.

6. Where an application is made in respect of a motor vehicle insert here such particulars (including make, engine number, chassis number and registration number), as are necessary for or would facilitate indentification.

7. The applicant may insert here such further particulars as may appear relevant or useful for consideration of the application.