Damage To Property (Compensation) Act, 1923

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No. 15.


DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923.


ARRANGEMENT OF SECTIONS

PART I

Injuries Committed on or before the 11th day of July, 1921

Section

1.

No legal proceedings in respect of certain Criminal injuries.

PART II

Injuries Committed after the 11th day of July, 1921

2.

Applications already disposed of may be re-opened and re-heard.

3.

Extension of time for lodging applications.

4.

Notice to be served by applicants.

5.

Right of Audience of the Minister for Finance.

6.

No compensation for consequential loss.

7.

No compensation for loss of certain chattels.

8.

Railway Companies not to be entitled to compensation.

9.

Conduct of applicant to be considered.

10.

Attachment of re-instatement conditions to decrees in respect of buildings.

11.

Measure of compensation for destruction or damage of documents.

12.

Power to take evidence on commission.

13.

Mode of payment of compensation.

14.

Contribution to be made by County and Urban District Councils.

15.

Application for compensation may be lodged in certain cases.

16.

Application of this part of this Act.

PART III

General Provisions and Repeals

17.

No proceedings to be taken in respect of injuries to the person.

18.

Power to appoint additional Judges.

19.

Power to make rules.

20.

Criminal Injury rates may be made at any time.

21.

Extension of times.

22.

Repeals.

23.

Definitions.

24.

Short Title.

FIRST SCHEDULE

SECOND SCHEDULE

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No. 15.


DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923.


AN ACT TO ALTER THE LAW RELATING TO COMPENSATION FOR CRIMINAL INJURIES. [12th May, 1923.]

BE IT ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

PART I.

Injuries Committed on or before the 11th day of July, 1921.

No legal proceedings in respect of certain Criminal injuries.

1.—(1) No proceedings under the Criminal Injuries Acts shall be instituted after the passing of this Act in respect of any injury to which this section applies.

(2) All proceedings under the Acts aforesaid which are pending at the passing of this Act in respect of an injury to which this section applies and in which no decree has been made shall be and are hereby declared to be void and to be discharged, and no party to any such proceedings shall have any claim against any other party thereto in respect of costs incurred in such proceedings.

(3) It shall not be lawful for any person after the passing of this Act to take any steps to recover or enforce payment of the amount of any decree made before the passing of this Act under the Acts aforesaid in respect of any injury to which this section applies.

This sub-section shall apply to all costs and expenses as well as to compensation awarded by any such decree and to the interest on any such compensation which carries interest.

(4) This section shall apply to proceedings in and decrees on any appeal as well as to proceedings in and decrees of a court of first instance

(5) This section shall apply to any injury whether to property or person committed in Ireland during the period between the twenty-first day of January, nineteen hundred and nineteen, and the eleventh day of July, nineteen hundred and twenty-one, both inclusive.

(6) This section shall not apply to or prevent the presentation or prosecution of a claim to or before any Commission of Inquiry in respect of an injury to which this section applies.

PART II.

Injuries Committed after the 11th day of July, 1921.

Applications already disposed of may be re-opened and re-heard.

2.—(1) Every application under the Criminal Injuries Acts for compensation for an injury to which this Part of this Act applies on which a decree has been made before the passing of this Act shall be re-opened and re-heard on the application at any time within three months after the passing of this Act of the applicant or of the Minister for Finance.

(2) Every applicant who intends to apply under this section to have any such application as aforesaid re-opened and re-heard shall serve a notice of his intention so to do in the form and on the persons prescribed by the Minister for Home Affairs.

(3) In every case in which the Minister for Finance intends to apply under this section to have any such application as aforesaid re-opened and re-heard he shall cause notice of his intention so to do to be served on the person who was the applicant in such application, and may in such notice state the grounds on which the application for a re-hearing is made and whether the fact that the applicant suffered an injury in respect of which he would be entitled to compensation on the re-hearing is or is not disputed, and if such fact is not disputed, the notice aforesaid may also contain an offer of such compensation (either subject to or free from a re-instatement condition) as the Minister shall deem proper, and in case such offer or any amended offer is accepted within fourteen days after service of the notice aforesaid or such further time as the Minister of Finance may allow, a decree shall, subject to the provisions of sub-sections (5) and (6) of this section and to the provisions of this Act relating to re-instatement conditions, be made for the amount of the compensation mentioned in the offer or amended offer so accepted.

(4) Parts II . and III . of this Act shall apply to every re-hearing under this section as fully as they would have applied thereto if such re-hearing had been an original hearing commenced after the passing of this Act.

(5) Whenever a decree has been made for compensation under the Criminal Injuries Acts, in respect of an injury to which this part of this Act applies, and

(a) the compensation awarded by such decree was assigned, mortgaged or charged before the 1st day of January, 1923, and

(b) Notice of such assignment, mortgage, or charge was duly given before the 6th day of February, 1923, to the County or County Borough Council liable under such decree to pay the compensation thereby awarded, and

(c) an application is made under this section to have the application for such decree re-opened and re-heard; and

(d) compensation is awarded on such re-hearing,

then and in every such case, every such assignment, mortgage, or charge shall, subject and without prejudice to any re-instatement condition attached to the compensation awarded on such rehearing, affect such last mentioned compensation in the same manner and as fully as such assignment, mortgage, or charge affected on the 6th day of February, 1923, the compensation awarded by such decree: Provided always that whenever in any such case a re-instatement condition is attached to the compensation, or to any part of the compensation awarded on such re-hearing the Judge, if he considers it just and equitable so to do, may on such re-hearing extend or transfer any such assignment, mortgage, or charge to the building to be erected pursuant to such re-instatement condition, so that such assignment, mortgage, or charge shall affect such building either in conjunction with or in exoneration of the compensation awarded by such decree, and in such manner and to such extent as the Judge shall direct, and any such extension or transfer of an assignment may take the form of giving to the assignee a charge on the building aforesaid for the amount of the consideration actually paid on such assignment.

(6) Whenever a decree has been made for compensation under the Criminal Injuries Acts in respect of an injury to which this part of this Act applies, and

(a) such decree was made by a Judge of the High Court, and

(b) The Council of the County or County Borough in whose functional area the injury occurred appeared by Counsel or Solicitor at the hearing before such Judge of the High Court and bona fide opposed the awarding of any compensation or the awarding of the amount of compensation claimed, and

(c) the compensation awarded by such decree was assigned, mortgaged, or charged before the 1st day of January, 1923, in consideration of or to secure a sum not more than the amount of such compensation, and

(d) Notice of such assignment, mortgage, or charge was duly given before the 6th day of February, 1923, to the County or County Borough Council liable under such decree to pay the compensation thereby awarded, and

(e) an application is made under this Section to have the application for such decree re-opened and re-heard;

then and in every such case the amount of compensation awarded on such re-hearing shall not be less than the consideration actually paid on such assignment or the amount actually paid on such mortgage or charge (as the case may be), but nothing in this sub-section shall prevent a re-instatement condition being attached to the whole or any part of the compensation awarded on such re-hearing, nor shall the provisions of this sub-section be taken into consideration by the Judge when deciding whether a re-instatement condition is or is not to be attached to the compensation to be awarded on such re-hearing: Provided always, that whenever in any such case a re-instatement condition is attached to the compensation or to any part of the compensation awarded on such re-hearing, the Judge, if he considers it just and equitable so to do, may on such re-hearing extend or transfer any such assignment, mortgage, or charge to the building to be erected, pursuant to such re-instatement condition so that such assignment, mortgage, or charge shall affect such building, either in conjunction with or in exoneration of the compensation awarded by such decree, and in such manner and to such extent as the Judge shall direct, and any such extension or transfer of an assignment may take the form of giving to the assignee a charge on the building aforesaid for the amount of the consideration actually paid on such assignment.

(7) In this section the word “decree” includes a decision refusing compensation as well as a decision awarding compensation.

(8) On any re-hearing under this section the Judge may, in addition to the costs of such re-hearing, award to the applicant the whole or such part as the Judge shall consider reasonable, of the costs incurred by the applicant of or incidental to the previous application, and the costs so awarded shall be paid at the same time and in the same manner as the costs of the rehearing.

(9) This section shall not apply to any decree made in respect of an injury to which this part of this Act applies, where such decree has been varied or affirmed upon an appeal, at the hearing of which the local authority or authorities concerned were represented and bona fide opposed the decree.

Extension of time for lodging applications.

3.—The time for lodging applications for compensation under the Criminal Injuries Acts in respect of an injury to which this Part of this Act applies is hereby extended for three months after the passing of this Act.

Notice to be served by applicants.

4.—(1) Every person who has before the passing of this Act applied or who after the passing of this Act applies under the Criminal Injuries Acts for compensation in respect of an injury to which this Part of this Act applies shall serve such notices in such form and on such persons as the Minister for Finance shall prescribe.

(2) Every notice served in compliance with any order or regulation made by the Minister for Finance under the Resolutions passed by Dáil Eireann on the 1st day of November, 1922, shall be deemed to have been served in compliance with this section.

(3) If on the hearing of any application under the Criminal Injuries Acts for compensation in respect of an injury to which this Part of this Act applies the Judge is not satisfied that the provisions of this section have been complied with he shall adjourn the hearing of the application until such provisions have been complied with, and if such provisions are not complied with within one month after the date of the adjournment of the hearing he shall dismiss the application on such terms as to costs as he shall think fit.

(4) The notices to be served under this section shall be in addition to and not in substitution for the notices prescribed by the Criminal Injuries Acts.

Right of Audience of the Minister for Finance.

5.—The Minister for Finance shall be entitled to appear and be heard by Solicitor with or without Counsel, to examine and cross-examine witnesses and tender evidence at and generally to take part in the hearing of every application under the Criminal Injuries Acts for compensation in respect of an injury to which this Part of this Act applies and every proceeding by way of appeal or case stated arising out of or following on any such application.

No compensation for consequential loss.

6.—The right to compensation under the Criminal Injuries Acts shall as respects any injury to which this Part of this Act applies be limited to compensation for the actual damage done to the property injured and shall not extend to any compensation for any loss consequential on such actual damage and in particular shall not extend to compensation for the loss of the use of the property injured or for the loss of mere pleasure or amenity.

No compensation for loss of certain chattels.

7.—(1) No compensation shall be payable under the Criminal Injuries Acts in respect of the loss or destruction of or damage to any of the chattels to which this section applies occasioned by an injury to which this Part of this Act applies.

(2) The chattels to which this section applies are—

(i.) Watches, jewellery or articles of personal ornament kept by the owner otherwise than as part of his stock-in-trade.

(ii.) Coins, bank or Government notes or currency of any country.

(iii.) Postage or other adhesive stamps.

(iv.) Postal orders or post office money orders.

Railway Companies not to be entitled to compensation.

8.—(1) No Railway Company shall be entitled to any compensation under the Criminal Injuries Acts or this Act in respect of any injury to which this Part of this Act applies committed against any property belonging to such Railway Company.

(2) The Minister for Finance may enter into agreements with any Railway Company or Companies for the payment, out of moneys to be provided by the Oireachtas, to such Company or Companies of compensation in respect of any injury to which this Part of this Act applies, or, in lieu of such compensation, for the re-instatement out of moneys aforesaid of the property damaged by such injury, and may in any such agreement provide for the ascertainment of the amount of such compensation or the nature of such re-instatement (as the case may be) and the terms and conditions on which the same is to be paid or done.

(3) No action shall lie against any Railway Company for or in respect of the loss of or damage to any property entrusted to such Railway Company for carriage or storage in any case in which such loss or damage was caused by—

(a) An injury to which this Part of this Act applies, or

(b) a wrongful act for which an application for compensation could be lodged under this Part of this Act.

Conduct of applicant to be considered.

9.—An applicant for compensation under the Criminal Injuries Acts in respect of an injury to which this Part of this Act applies shall be wholly disentitled to any compensation under those Acts if it is proved to the satisfaction of the Judge that the applicant connived at, assisted in or actively facilitated the committal of the injury or if in the opinion of the Judge the applicant was at or about the time the injury was committed

(a) associated or combined or in league with the person or persons by whom the injury was committed for the committal of that injury or for the committal of other similar injuries to property, or

(b) a member or helper of or active sympathiser with any organisation engaged in armed opposition to the late Provisional Government of Ireland or the Government of Saorstát Eireann.

Attachment of re-instatement conditions to decrees in respect of buildings.

10.—(1) If on the hearing of an application to which this section applies, the Judge is of opinion that the applicant is entitled to compensation it shall be lawful for the Judge, subject to and in accordance with the provisions of this section, to attach to his decree one or other of the conditions following, that is to say—

(i) a condition (in this section called a “full re-instatement condition” that the compensation shall be applied either in or towards erecting a new building on the site of the injured building or in or towards repairing the injured building, but so that the new or the repaired building shall be either of the same character as the injured building or of a character suitable to the neighbourhood and not less valuable than the injured building;

(ii) a condition (in this section called a “partial re-instatement condition”) that the compensation shall be applied in or towards the erection on or near the site of the injured building of another building (in this section called a “substituted building”) of a nature named by the applicant and specified in the decree and differing from the nature of the injured building: Provided always that whenever a partial re-instatement condition is attached to a decree, the person by whom such condition is to be performed may, at any time within three months after the date of the decree, submit to the Judge a scheme for the application of the compensation to which the condition is attached in or towards the erection of a building or buildings of a residential character at any specified place in Saorstát Eireann in lieu of the substituted building specified in the decree, and if the Judge is satisfied that the building or buildings specified in such scheme will be suitable to the neighbourhood in which it is proposed to erect the same and that there is a demand in that neighbourhood for buildings of that character the Judge shall amend the partial re-instatement condition attached to his decree by substituting therein the building or buildings specified in such scheme for the substituted building originally specified in the decree.

(2) In every case in which it is lawful for the Judge under this section to attach a full re-instatement condition to his decree, the Judge shall observe the following rules:—

(a) If the injured building was situate in Upper Sackville Street, commonly known as Upper O'Connell Street, in the City of Dublin, or was before the injury ordinarily used for the purpose of any trade or business, the Judge shall attach a full re-instatement condition to his decree;

(b) If, in any case not coming within the foregoing rule, the Judge is of opinion that the injury to the building has not materially prejudiced the economic welfare of the district, and the applicant does not show reasonable cause why a full re-instatement condition should be attached to the decree, the Judge shall not attach a full re-instatement condition to his decree;

(c) In any case not coming within either of the foregoing rules, the Judge may attach a full re-instatement condition to his decree if, in all the circumstances of the case, he thinks it reasonable so to do;

(d) In considering whether it is reasonable to attach a full re-instatement condition to his decree, the Judge shall have regard to the use ordinarily made of the building before the injury, and shall not have regard to any proposal for a different future use of the building if reinstated.

(3) The Judge if he thinks it right to do so may in any case (except a case in which he is by this section required to attach a full re-instatement condition to his decree) attach a partial re-instatement condition of his decree provided he is satisfied that the substituted building named by the applicant would not be unsuited to the neighbourhood and that there would not be an unreasonable discrepancy between the cost of erecting the substituted building and the market value thereof when completed.

(4) In every case in which a full re-instatement condition is attached to the decree the amount of the compensation shall not exceed the amount of the cost of the full re-instatement less the amount, if any, by which in the opinion of the Judge the price of the premises as reinstated would by reason of the re-instatement exceed the price of the premises in the condition in which they were immediately before the injury or destruction, the price in each case being estimated according to normal market conditions as at the date of the award and on the basis of a sale of the fee simple interest in the premises.

(5) The compensation in any case in which no re-instatement condition is attached to the decree shall not exceed the amount by which the market value of the buildings was reduced by the injury.

(6) In every case in which a partial re-instatement condition is attached to the decree the compensation shall be the probable cost of the erection of the substituted building with such further sum (if any) as the Judge shall consider reasonable having regard to the value of the injured building and the other circumstances of the case, but nevertheless so that

(a) in any case in which the injured building was at or about the time of the injury ordinarily maintained as a residence for the applicant or his family, the total amount of the compensation shall not be less than the probable cost of the erection of the substituted building; and

(b) in every other case the total amount of the compensation shall be so measured that the estimated market value of the substituted building together with the further sum aforesaid (if any) shall not exceed the amount by which the market value of the injured building was reduced by the injury.

Where the compensation awarded under this sub-section includes any such further sum as aforesaid beyond the probable cost of the erection of the substituted building the partial re-instatement condition shall attach only to so much of the compensation as represents such probable cost.

(7) A substituted building may consist of one or more attached, detached or semi-detached houses, whether dwelling houses, offices or business premises or such other structure as the Judge may approve.

(8) Where several persons have different interests in any injured building and no re-instatement condition is attached to the decree the Judge shall apportion the compensation amongst such persons in such proportions as he thinks right and may cancel or vary in such manner as he thinks reasonable having regard to the other terms of his decree, any of the covenants and conditions contained in any lease under which the injured building is held.

(9) Where several persons have different interests in any injured building and a full or a partial re-instatement condition is attached to the decree the Judge shall award the compensation to the owner or owners of such one or more of those interests as the Judge thinks right and shall cancel or vary in such manner as he thinks just all or any of the terms of and the covenants and conditions contained in every or any lease under which the buildings are held, and may if he considers it just so to do wholly terminate and cancel any such lease.

(10) This section shall apply to every application for compensation under the Criminal Injuries Acts in respect of the injury of any building by an injury to which this Part of this Act applies.

(11) Where an application is partly for such compensation as is mentioned in the foregoing sub section and partly for compensation in respect of other matters this section shall apply to the application in so far as it relates to such compensation as is mentioned in the foregoing sub-section.

(12) On the hearing of any application to which this section applies the Judge may, if he think it reasonable so to do, allow any local authority to appear and be heard by solicitor with or without counsel and to examine and cross-examine witnesses and tender evidence, and it shall be lawful for any local authority so to appear and to provide for the cost of so doing, and of producing witnesses and other evidence.

(13) In this section—

the word “building” includes a house, shop, factory, or any other permanent structure;

the expression “market value” means the price which the property might be expected to fetch if sold by a willing seller at the price prevailing in a free market for such property at the time of the award:

the word “injury” includes destruction as well as damage;

the expression “injured building” includes destroyed building as well as a damaged building;

the word “re-instatement” includes the replacement of fixed machinery and plant: Provided that the Judge may in any particular case of full re-instatement release the applicant from the obligation to replace such machinery or plant upon such terms as he may think reasonable in the circumstances.

(14) In any case in which any land, garden, or curtilage was commonly enjoyed with any building so that such building would not ordinarily have a market value apart from such land, garden or curtilage, the Judge in estimating the market value of the building shall give such consideration to that state of facts as he thinks reasonable.

(15) Where a full re-instatement condition is attached to a decree under this section, and such condition requires the erection of a new building, and the site of the injured building is not situated in a city, town or urban district, then and in any such case the condition may provide for the erection of the new building near to, instead of on, the site of the injured building.

Measure of compensation for destruction or damage of documents.

11.—(1) Wherever an application for compensation under the Criminal Injuries Acts in respect of an injury to which this Part of this Act applies includes a claim for compensation in respect of the destruction of or damage to any documents to which this section applies, the compensation (if any) payable in respect of such documents shall be measured in accordance with a scale to be prepared by the Minister for Finance in consultation with the Law Officer of Saorstát Eireann and the President of the Incorporated Law Society of Ireland.

(2) The documents to which this section applies are—

(a) muniments of title to land or other property;

(b) contracts and agreements in writing:

(c) debentures;

(d) stock and share certificates and other documents of title to any stock or share;

(e) policies of insurance;

(f) wills, probates and letters of administration, and official copies thereof;

(g) official copies of Court orders, affidavits and other documents relating to legal proceedings.

Power to take evidence on commission.

12.—(1) If and whenever the Judge is satisfied in regard to any person proposed to be called by any party as a witness at the hearing of an application for compensation under the Criminal Injuries Acts in respect of an injury to which this Part of this Act applies—

(a) that the evidence of such person is material to the proper presentation of the case of the party proposing to call him as a witness, and

(b) that such person is outside the limits of Saorstát Eireann, and

(c) there are substantial reasons, other than expense, for dispensing with the personal attendance of such person at such hearing,

the Judge may make an order for the examination of such person upon oath or affirmation before any person and at any place outside the limits of Saorstát Eireann and may empower the party aforesaid to give such deposition in evidence at the hearing of such application on such terms, if any, as the Judge may direct.

(2) Whenever the Judge shall make such order as is mentioned in the preceding sub-section there shall be issued to the person before whom the evidence is to be taken under such order a commission or, if the Judge so directs, a request, to take the evidence of the witness or witnesses named in such Order.

Mode of payment of compensation.

13.—(1) The compensation and the costs awarded by any decree made under the Criminal Injuries Acts in respect of an injury to which this part of this Act applies shall be paid to the applicant or other person entitled thereto under such decree by the Minister for Finance in the manner provided by this section.

(2) Every such decree as aforesaid shall declare the compensation, and the costs thereby awarded to be payable to the applicant or other person entitled thereto, but no such decree shall contain any declaration as to the person by whom such compensation is payable.

(3) The Minister for Finance may deduct from the amount of any compensation payable by him under this section the amounts following, that is to say:—

(a) any debt or other sum of money due or payable by or collectable from the applicant or other person entitled to such compensation to or by the late Provisional Government of Ireland, or the Government of Saorstát Eireann or any Department or authority of either of those Governments;

(b) any money due or payable by or collectable from the applicant or other person entitled to such compensation to or by the Irish Land Commission;

(c) any money due or payable by the applicant or other person entitled to such compensation in respect of any poor-rate or other rate levied by any county or district council or town commissioners:

Provided always that where compensation is payable partly in securities and partly in money, securities shall be taken at their nominal face value in discharge of such debts or other sums of money as aforesaid, and no deduction shall be made from any money payable as compensation until the total amount of securities payable as compensation shall have been exhausted.

(4) All costs payable by the Minister for Finance under this section shall be paid in money out of moneys to be provided by the Oireachtas.

(5) The Minister for Finance shall pay in money out of moneys to be provided by the Oireachtas the following portions of any compensation payable by him under this section, that is to say:—

(a) any compensation to which a re-instatement condition is attached;

(b) the whole of the compensation in every case in which the total amount of the compensation does not exceed £500;

(c) the first £500 and one-half of the excess above £500 in every case in which the total amount of the compensation to which no re-instatement condition is attached exceeds £500 and does not exceed £3,500;

(d) the first £2,000 in every case in which the amount of the compensation to which no re-instatement condition is attached exceeds £3,500;

(e) such further sum not exceeding £50 in addition to the amounts aforesaid as is necessary to reduce the balance of the compensation remaining to be dealt with under the next sub-section to a multiple of £50

(6) So much of any compensation as is not payable in money under the foregoing sub-section shall be paid by the Minister for Finance to the applicant, or other person entitled thereto, by the issue to the applicant or other person aforesaid of a security or securities created under this section for the amount of so much as aforesaid of such compensation, and such security shall subject to such conditions as shall be prescribed by the Minister for Finance be accepted at its nominal face value in payment of all duties payable to the Revenue Commissioners of Saorstát Eireann by or in respect of the death of the person to whom such security was issued or in respect of the death of any subsequent holder who had been the registered holder of such security for not less than twelve months previous to his death.

(7) The Minister for Finance may, for the purpose of the foregoing sub-section, by order create such securities capable of registration bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he shall think fit.

Every order made by the Minister for Finance under this sub-section shall forthwith be laid before each House of the Oireachtas, and if both such Houses shall within the next twenty-one days on which either House has sat after such Order is laid before the Houses pass resolutions annulling such Order, such Order shall be annulled, but such annulment shall not prejudice or invalidate any matter or thing previously done under such Order.

(8) The principal and interest of all securities issued under this section, and the expenses incurred in connection with the issue of such securities shall be charged on the Central Fund or the growing produce thereof.

(9) In every case in which the Minister for Finance shall have received notice of any assignment, mortgage or charge affecting the compensation payable by him under this section, he may, subject and without prejudice to any re-instatement condition attached to such compensation or any part thereof, pay such compensation into the County Court by which the decree awarding such compensation was made, and such compensation shall subject to the rules of Court for the time being in force in regard to moneys paid into the County Court under section 42 of the Trustee Act, 1893 (56 and 57 Vict., Ch. 53), be dealt with in accordance with orders of that Court.

(10) In every case in which the Minister for Finance shall have received no notice of any assignment, mortgage, or charge affecting the compensation payable by him under this section, he shall, subject and without prejudice to any re-instatement condition attached to such compensation or any part thereof, pay such compensation to the person to whom the same is declared by the decree to be payable, and the receipt of such person for such compensation shall be a sufficient discharge to the Minister for Finance: Provided that the Minister for Finance may in any case withhold payment of any compensation payable by him until he has received from the Secretary of the Council of the County, County Borough, or Urban District, or Commissioners of the Town in which the injury occurred, a certificate that there is no money due to such Council or Commissioners by the person to whom such compensation is payable, in respect of any poor-rate or other rate levied by such Council or Commissioners.

(11) In every case in which a re-instatement condition is attached to the decree, the compensation to which such re-instatement condition relates shall be paid at such time or times, in such instalments, and upon production of such evidence, (in the case of payment of an instalment) of partial compliance with the re-instatement condition, or (in the case of a final payment) of complete compliance with the re-instatement condition, as the Minister for Finance shall from time to time prescribe, and the decision of the Minister for Finance as to whether a re-instatement condition has or has not been complied with (whether wholly or partially) or as to whether sufficient evidence of such compliance has or has not been given shall be final.

(12) The costs referred to in this section do not include any costs which, in the opinion of the Judge, ought to be borne by the party who incurred same, or any costs which, in the opinion of the Judge, ought to be paid by the applicant to any other party.

Contribution to be made by County and Urban District Councils.

14.—(1) The Council of every County and County Borough, in each of the five local financial years, beginning on the First day of April, 1923, 1924, 1925, 1926, and 1927, respectively, shall pay to the Exchequer of Saorstát Eireann, in accordance with such directions as may be given for the purpose by the Minister for Finance, a sum equal to a rate of sixpence in the pound on the rateable value of such County or County Borough, including any Urban Districts therein at the beginning of each such local financial year, respectively.

(2) The sum required to be paid by the Council of a County or County Borough under the foregoing sub-section shall be assessed and raised in the same manner as the amounts of decrees under the Criminal Injuries Acts, charged on the county at large, including the urban districts therein, are assessed and raised.

(3) Any steps which may have been taken by the Council of any County or County Borough before the passing of this Act for raising the sum required to be paid into the Exchequer by that Council under this section in the financial year beginning on the 1st day of April, 1923, and which would have been lawful if this Act had been passed at the time such steps were taken, shall be deemed to have been lawfully taken under the authority of this Act.

(4) Whenever it appears to the Minister for Local Government that a Council of a County or County Borough has made the rate for the financial year beginning on the 1st day of April, 1923, but has not made provision for separately raising the sum required to be paid into the Exchequer by that Council under this section, the Minister for Local Government may by order direct:—

(a) that the said rate shall be deemed to be increased by sixpence in the pound on the rateable value;

(b) that the secretary or clerk of such council shall alter the warrant and every receipt and demand note issued or intended to be issued to any rate-collector for the collection of rates for the said financial year by adding to the amount of such warrant a sum equal to a rate of sixpence in the pound on the rateable value of the collection district, and adding to every such receipt and demand note an amount equal to sixpence in the pound on the valuation in respect of which the rate-payer named therein is rated, and that any warrant, receipt and demand note already issued to a rate-collector shall be returned by him to such secretary or clerk to be altered as aforesaid, and that every such warrant, receipt, and demand note when so altered shall have the same effect in law as if it had been so issued to the rate-collector for such altered amount;

(c) that any amount demanded by such county council from an urban district council, in respect of the portion of the rate for the said financial year payable by such urban district shall be deemed to be and shall take effect as a demand for a sum consisting of the sum actually demanded, and a further sum equal to the amount of a rate of sixpence in the pound on the rateable value of such urban district, and that the provisions of clause (a) of this sub-section shall apply to any rate made by such urban district council in respect of such demand, and that the provisions of clause (b) of this sub-section shall apply to the clerk and rate collectors of such urban district council respectively in relation to such rate;

(d) that any other matter or thing necessary to be done to give effect to this section in the said financial year including all consequential alterations in the ratebooks shall be done.

(5) There shall be issued out of the Central Fund of Saorstát Eireann or the growing produce thereof, an amount equivalent to any sum paid to the Exchequer under this section, and such amount shall be paid into and form part of the Road Fund.

(6) From and after the passing of this Act, the Road Fund may, in addition to any other application for the time being authorised by law, be applied for repairing any damage (including total destruction) done at any time prior to the 20th day of March, 1923, to any road or to any bridge, viaduct, or subway over or under or supporting any road, or for repaying to the Council of any County, County Borough or County District moneys expended by such Council after the 31st day of March, 1920, and before the passing of this Act in repairing any such damage as aforesaid.

(7) No County or other Council and no Town Commissioners shall be entitled to recover any compensation in respect of an injury to which this part of this Act applies, done to any street, road, bridge, viaduct, or sub-way, which such Council or Commissioners are, by law, liable to maintain or repair.

Application for compensation may be lodged in certain cases.

15.—(1) Any person who claims to have suffered loss by a wrongful act to which this section applies may at any time within three months after the passing of this Act, lodge an application for compensation under the Criminal Injuries Acts in respect of such loss.

(2) The Judge shall hear and inquire into every application lodged under this section, and if he is not satisfied that the applicant has suffered loss by a wrongful act to which this section applies, he shall dismiss the application upon such terms as to costs as appear to him to be just.

(3) If the Judge, after hearing and inquiring into an application lodged under this section, is satisfied that the applicant has suffered loss by a wrongful act to which this section applies, he shall not make any decree on such application, but in lieu thereof he shall report in writing to the Minister for Finance—

(a) that the applicant has suffered loss by a wrongful act to which this section applies;

(b) the sum which would fairly compensate the applicant for such loss;

(c) whether the applicant was insured against such loss, and, if so, the particulars of such insurance;

(d) where the wrongful act consists of the destruction of bank or government notes or paper currency, the numbers, denominations, and all other particulars of such notes or currency so far as the same were proved to the satisfaction of the Judge, and also the nature of the evidence accepted by the Judge as proof of the destruction of such notes or currency.

(4) The Judge shall fix the sum mentioned in clause (b) of the preceding sub-section on the same principles as the compensation for an injury to which this Part of this Act applies is to be fixed under the Criminal Injuries Acts and this Act, and shall state in his report whether in his opinion any, and if so what, re-instatement condition should be attached to such sum.

(5) The Judge may, at the request of the applicant at any stage of the proceedings, treat an application lodged under this section as an application under the Criminal Injuries Acts for compensation for an injury to which this Part of this Act applies, and deal with it accordingly.

(6) The Judge may, at the request of the applicant at any stage of the proceedings, treat an application under the Criminal Injuries Acts for compensation for an injury to which this Part of this Act applies as an application lodged under this section, and deal with it accordingly.

(7) Nothing in this section shall confer on any person any right to compensation under the Criminal Injuries Acts or otherwise for any loss suffered by a wrongful act to which this section applies.

(8) No appeal shall lie either to the Judge of Assize or by way of case stated or otherwise howsoever from any dismiss of an application under this section or from any report made by the Judge on any such application.

(9) This section applies to any wrongful act which fulfils all the following conditions, viz.:—

(a) the wrongful act must consist either—

(i) of the destruction of bank or government notes or paper currency of any country, or

(ii) of the taking away of chattels without the consent of the owner;

(b) where the wrongful act consists of the taking away of chattels those chattels must not be—

(i) watches, jewellery or articles of personal ornament kept by the owner otherwise than as part of his stock-in-trade;

(ii) coins, bank or government notes or currency of any country other than any such coins, notes or currency taken away from the premises of a Bank;

(iii) postage or other adhesive stamps;

(iv) postal orders or post office money orders.

(c) the wrongful act must have occurred after the 11th day of July, 1921, and on or before the 20th day of March, 1923;

(d) the wrongful act if consisting of the taking away of chattels must have been committed by a person or persons—

(i) engaged in or purporting to act or who might reasonably be presumed to have been acting in the name or on behalf of any combination or conspiracy for the overthrow of the late Provisional Government of Ireland or of the Government of Saorstát Eireann, or

(ii) belonging to or acting or purporting to act on behalf of any unlawful or seditious association, or

(iii) requisitioning or purporting to requisition the chattels for the use of or for consumption by any organisation engaged in armed resistance to the Provisional Government of Ireland or to the Government of Saorstát Eireann.

(10) This section shall also apply to the following act as fully as if the same had been a wrongful act, that is to say, an act consisting of the destruction of or damage to any property which occurred after the 11th day of July, 1921, and on or before the 20th day of March, 1923, in the course of or as an incident in a conflict between the armed forces of the Provisional Government of Ireland or the Government of Saorstát Eireann and any persons offering armed resistance to such forces.

(11) All the provisions of the Criminal Injuries Acts and of Parts II and III of this Act so far as the same are not inconsistent with the provisions of this section shall apply to any application lodged under this section as fully as if such application was an application for compensation under the Criminal Injuries Acts in respect of an injury to which this Part of this Act applies.

Application of this part of this Act.

16.—This Part of this Act applies to all injuries to property which occurred after the 11th day of July, 1921, and on or before, but not after, the 20th day of March, 1923, and in respect of which compensation could have been given under the Criminal Injuries Acts if this Act had not been passed.

PART III.

General Provisions and Repeals.

No proceedings to be taken in respect of injuries to the person.

17.—(1) No proceedings under the Criminal Injuries Acts or any Act repealed by this Act shall be instituted after the passing of this Act in respect of any injury to which this section applies.

(2) All proceedings under the Acts aforesaid which are pending at the passing of this Act in respect of an injury to which this section applies and in which no decree has been made shall be and are hereby declared to be void and to be discharged, and no party to any such proceedings shall have any claim against any other party thereto in respect of costs incurred in such proceedings.

(3) It shall not be lawful for any person after the passing of this Act to take any steps to recover or enforce payment of the amount of any decree made before the passing of this Act under the Acts aforesaid in respect of any injury to which this section applies.

This sub-section shall apply to all costs and expenses as well as to compensation awarded by any such decree, and to the interest on any such compensation which carries interest.

(4) This section shall apply to proceedings in and decrees on any appeal as well as to proceedings in and decrees of a court of first instance.

(5) This section shall apply to all injuries to the person which occurred after the 11th day of July, 1921, and on or before the 20th day of March, 1923.

(6) This section shall not apply to or prevent the presentation or prosecution of a claim to or before any Commission of Inquiry in respect of any injury to which this section applies.

Power to appoint additional Judges.

18.—(1) If the Governor-General of the Irish Free State is satisfied on the advice of the Executive Council that the Judge of any County Court is unable, owing to the number of applications under the Criminal Injuries Acts or this Act which are pending in his court, to transact the business of the court with proper dispatch, the Governor-General of the Irish Free State may on the advice aforesaid appoint the Judge of the County Court of any other county or county borough or a practising barrister of not less than ten years' standing to act as additional judge of the first mentioned County Court for such time as the Governor-General of the Irish Free State may on the advice aforesaid direct and subject to such conditions as he may on the advice aforesaid impose.

(2) Every additional Judge appointed under this section shall receive out of the moneys provided by the Oireachtas such remuneration as the Minister for Finance may appoint and shall have all the powers, jurisdiction, and privileges and may perform any of the duties of the judge of the County Court to which he is appointed as additional judge, whether under the Criminal Injuries Acts or this Act or otherwise.

Power to make rules.

19.—The power to make rules for the purposes of Section 5 of the Local Government (Ireland) Act, 1898 (61 & 62 Vict. ch. 37) shall extend to the making of rules of Court for the purposes of this Act.

Criminal Injury rates may be made at any time.

20.—Notwithstanding anything in sub-section 6 of section 51 of the Local Government (Ireland) Act, 1898 (61 and 62 Vict. ch. 37), or in Section 2 of the Local Government (Ireland) Act, 1900 (63 and 64 Vict. ch. 63) or any other enactment, a rate may be made at any time for raising money for the payment of compensation for criminal injury, and the amount thereof shall not be reckoned for the purposes of any enactment imposing a limitation upon the amount of the rate that may be raised.

Extension of times.

21.—(1) Section 137 of the Grand Jury (Ireland) Act, 1836 (6 & 7 Will. IV. ch. 116), which relates to the giving in of examinations and the making of recognisances, shall cease to have effect and shall be deemed to have ceased to have effect as from the 23rd day of December, 1920.

(2) The powers of the court or judge under any rules of court made, whether before or after the passing of this Act, in pursuance of sub-section (7) of section 5 of the Local Government (Ireland) Act, 1898 (61 & 62 Vict. ch. 37), shall include, and be deemed to have included as from the 23rd day of December, 1920, power to extend or vary the time prescribed by any statute or statutory rules for making an application for compensation for criminal injuries, or for serving any notice or for doing any other act, or taking any proceedings in relation to the application in any case where it appears to the court or judge that such extension or variation is just and reasonable for any cause whatsoever.

Repeals.

22.—(1) The Acts specified in the First Schedule to this Act are hereby repealed.

(2) The repeal of section 3 of the Criminal Injuries (Ireland) Act, 1920, effected by this section shall be retrospective to the extent that every order of certiorari and every order for attachment made under that section before the passing of this Act shall be, and be deemed always to have been, void and of no effect, and any money paid under or in pursuance of any such order shall be repaid by the person who obtained such order to the Council to which such money would have been payable but for such order, so soon as the compensation awarded by the decree on which such order was founded or any grant in lieu of such compensation is payable to such person by the Minister for Finance.

(3) The repeal of section 4 of the Criminal Injuries (Ireland) Act, 1920, effected by this section shall be retrospective to the extent that so much as is at the passing of this Act unpaid of the amount recovered (excluding therefrom any sums recovered for costs or expenses) under any decree made against a County Council after the 23rd day of December, 1920, and before the passing of this Act shall not carry any interest but such repeal shall be without prejudice to and shall not give any right of repayment in respect of any interest actually paid under the said section before the passing of this Act.

(4) This section shall not prevent the presentation or prosecution of a claim to or before any Commission of Inquiry in respect of an injury to which the Acts hereby repealed apply.

Definitions.

23.—In this Act:—

the expression “Criminal Injuries Acts” means the enactments specified in the Second Schedule to this Act;

the word “injury” means any loss, damage or injury in respect of which compensation could be given under the Criminal Injuries Acts;

the word “Judge” includes a Recorder and also includes a Judge of Assizes or other Judge or Court hearing appeals from a County Court Judge or Recorder.

Short Title.

24.—This Act may be cited as the Damage to Property (Compensation) Act, 1923.

FIRST SCHEDULE.


Enactments Repealed.

(1) The Criminal Injuries (Ireland) Act, 1919 (9 Geo. 5 ch. 14;

(2) The Criminal Injuries (Ireland) Act, 1920 (10 & 11 Geo. 5 ch. 66).

SECOND SCHEDULE.


Acts Referred to.

Enactments relating to Compensation for Criminal Injury.

Session and Chapter.

Short Title

Enactments referred to

6 & 7 Will. 4. c. 116

The Grand Jury (Ireland) Act, 1836.

Section one hundred and six; Sections one hundred and thirty-five to one hundred and forty so far as unrepealed.

11 & 12 Vict. c. 69

The Malicious Injuries (Ireland) Act, 1848.

The whole Act

16 & 17 Vict. c. 38

The Malicious Injuries (Ireland) Act, 1853.

The whole Act

57 & 58 Vict., c. 60

The Merchant Shipping Act, 1894 .

Section five hundred and fifteen so far as it relates to Ireland.

61 & 62 Vict. c. 37

The Local Government (Ireland) Act, 1898

Section five

Also any enactment (other than this Act or any enactment repealed by this Act) applying or amending any of the above enactments, or otherwise touching compensation thereunder.