Damage To Property (Compensation) (Amendment) Act, 1933
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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. | ||
(2) Notwithstanding anything contained in the foregoing sub-section of this section this Act (save as is otherwise provided in any subsequent provision of this Act) does not apply to any injury to property or any injurious act or any loss or damage in respect of which any payment of compensation has been made by the Government of the late United Kingdom of Great Britain and Ireland, any local authority, any Department of State or the Commissioners of Public Works in Ireland. | ||
(3) In this section the expression “Saorstát Eireann” when used in relation to an act or event which occurred before the establishment of Saorstát Eireann means that part of Ireland which is now included in Saorstát Eireann. |