Damage To Property (Compensation) (Amendment) Act, 1933
In short
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.
What it regulates
- 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 it concerns
- 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.
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.
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.
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- 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 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 of 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. 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.—
- 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
- 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
- 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
- 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
- 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
- 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.—
- 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
- 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
- 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.
- 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.
- 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.
- 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.