Damage To Property (Compensation) (Amendment) Act, 1933
What is this act about?
This law amends and extends previous Damage to Property (Compensation) Acts from 1923 to 1926, primarily dealing with compensation for property damage and injurious acts that occurred in Saorstát Eireann between 1916 and 1923 under specific circumstances.
Who it applies to: Persons who suffered injury to property or injurious acts in Saorstát Eireann between April 1916 and May 1923; Persons seeking compensation under the Criminal Injuries Acts for these specific types of damage or loss.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 13
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Compensation for injuries to buildings or chattels in buildings caused by British military or police between April 1916 and January 1919, under specific defensive or arrest circumstances.
- Compensation for property injuries between January 1919 and July 1921 where claims were not made or determined by the Compensation (Ireland) Commission.
- Compensation for property injuries between July 1921 and May 1923 where previous applications were dismissed for specific reasons or not duly made.
- Compensation for the taking away of chattels by certain persons between July 1921 and May 1923, where previous applications were dismissed for specific reasons or not lodged.
Who does this act apply to?
- Persons who suffered injury to property or injurious acts in Saorstát Eireann between April 1916 and May 1923.
- Persons seeking compensation under the Criminal Injuries Acts for these specific types of damage or loss.
What are the key points?
- Applications for compensation must be made within three months after the appointed date.
- Applicants must serve prescribed notices in addition to those required by the Criminal Injuries Acts.
- The Act does not apply if compensation has already been paid by certain government bodies or departments.
- Specific sections of the Principal Act (Damage to Property (Compensation) Act, 1923) are applied, with certain modifications, to applications made under this Act.
Social security
Legal text
Legal text
Damage To Property (Compensation) (Amendment) Act, 1933 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1933 Damage To Property (Compensation) (Amendment) Act, 1933 Damage To Property (Compensation) (Amendment) Act, 1933 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 35 of 1933.
DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Matters to which this Act applies.
Section 3
Time for and notices of applications under this Act.
Section 4
Application of certain provisions of the Principal Act.
Section 5
Exclusion of certain classes of loss and damage.
Section 6
Payment of compensation.
Section 7
Application of section 13 of the Principal Act.
Section 8
Application of section 19 of the Principal Act.
Section 9
Exclusion of the Damage to Property (Compensation) (Amendment) Act, 1926.
Section 10
Additional payments in respect of certain decrees under the Principal Act.
Section 11
Limitation of time for payment of certain classes of compensation.
Section 12
Chattels recovered after payment or award of compensation.
Section 13
Short title and citation.
Acts Referred to Damage to Property (Compensation) Act, 1923 No. 15 of 1923 Damage to Property (amendment) Act, 1923 No. 43 of 1923 Indemnity Act, 1924 No. 40 of 1924 Damage to Property (Compensation) (Amendment) Act, 1926 No. 19 of 1926 Number 35 of 1933.
DAMAGE TO PROPERTY (COMPENSATION) (AMENDMENT) ACT, 1933.
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:— Definitions.
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.
Matters to which this Act applies.
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 of 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.
Time for and notices of applications under this Act.
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.
Application of certain provisions of the Principal Act.
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 .
Exclusion of certain classes of loss and damage.
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.
Payment of compensation.
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.
Application of section 13 of the Principal Act.
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.
Application of section 19 of the Principal Act.
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.
Exclusion of the Damage to Property (Compensation) (Amendment) Act, 1926.
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.
Additional payments in respect of certain decrees under the Principal 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.
Limitation of time for payment of certain classes of compensation.
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.
Chattels recovered after payment or award of compensation.
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.
Short title and citation.
13.—(1) This Act may be cited as the Damage to Property (Compensation) (Amendment) Act, 1933.
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