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CHARITABLE LOAN SOCIETIES (IRELAND) ACT 1906
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CHAPTER XXIII.
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An Act to amend the Acts relating to Charitable Loan Societies in Ireland. [4th August 1906.]
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Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
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Extension of time for taking proceedings under 14 & 15 Vict. c. 93, and validation of decrees, &c.
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1.—(1) In the application of subsection four of section ten of the Petty Sessions (Ireland) Act, 1851, to a promissory note current or unpaid on the first day of March eighteen hundred and ninety-nine, and purporting to have been made under the principal Act, twelve months from the passing of this Act shall be substituted for six months from the time when the cause of complaint shall have arisen.
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(2) A decree, order, or warrant of a court of summary jurisdiction pronounced, made, or issued before the passing of this Act in respect of any such promissory note which has not been executed by reason only that the note became payable more than six months before the complaint relating to it was made shall not be a bar to any proceedings for the recovery of the amount due in respect of the note.
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Amount due in respect of promissory notes to be recoverable after lapse of six years in certain cases.
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2. Proceedings to recover the amount due in respect of a promissory note current or unpaid on the first day of March eighteen hundred and ninety-nine, and purporting to have been made under the principal Act, may be taken within twelve months from the passing of this Act, notwithstanding that six years or upwards may have elapsed from the time when the note became payable.
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Validation of renewals of promissory notes in certain cases.
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3. A renewal of a promissory note purporting to have been made under the principal Act and made prior to the passing of this Act shall not be invalid or incapable of being enforced in any court or liable to stamp duty by reason only of the original note having been made in contravention of section thirty-eight of that Act, which prohibits the transaction of the business of a loan society at the places therein specified.
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As to amount recoverable in respect of loans.
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4.—(1) The total amount recoverable in respect of any loan made under the principal Act shall in no case exceed the amount lent, together with simple interest thereon at the rate of five pounds per centum per annum, and in ascertaining the amount due in respect of any such note an account shall be carried back for the entire period from the date of the original loan.
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(2) The account provided for in subsection one of section two of the Charitable Loan Societies (Ireland) Act, 1900, in lieu of being issued together with the summons, shall, not less than fourteen days before the summons is issued, be forwarded by a registered letter addressed to the borrower at his last known place of residence, and the said account shall show the allowances made for all sums paid by the borrower in respect of principal, interest, or otherwise.
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As to costs.
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5. In awarding costs in any proceedings taken under the principal Act the court shall have regard to any offer of settlement made by the defendant before the proceedings were instituted, and, if of opinion that any such offer was unreasonably refused by the loan society, shall order that the society shall pay costs to the defendant.
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Appeal.
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6. In the case of any proceedings taken under the principal Act, the complainant or defendant may, subject to rules of court, appeal to the county court from any decision of a court of summary jurisdiction, and no appeal shall, in the case of such proceedings, lie to a court of quarter sessions.
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Official to take account.
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7. In any case where the court may decide to refer the taking of an account, it shall not be competent to refer the taking of the account to any person who is or has been an official or member of any loan society, and the fee for taking the account shall not in any case exceed two shillings and sixpence.
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Short title and mode of citation.
63 & 64 Vict. c 25.
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8. This Act may be cited as the Charitable Loan Societies (Ireland) Act, 1906, and shall be construed as one with the Charitable Loan Societies (Ireland) Act, 1900; and the principal Act, the said Act of 1900, and this Act may be cited together as the Charitable Loan Societies (Ireland) Acts, 1843 to 1906.
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