Sinn Fein Funds Act, 1947

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Number 13 of 1947.

SINN FEIN FUNDS ACT, 1947.

ARRANGEMENT OF SECTIONS

Number 13 of 1947.

SINN FEIN FUNDS ACT, 1947.

AN ACT TO MAKE PROVISION IN RELATION TO CERTAIN MONEYS LODGED IN THE HIGH COURT AND IN THE PROVINCIAL BANK OF IRELAND, LIMITED, BY THE LATE TREASURERS OF THE SINN FEIN ORGANISATION. [27th May, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Bank” means the Provincial Bank of Ireland, Limited;

the expression “the Board” means Bord Cistí Sinn Féin established by section 2 of this Act;

the expression “the Court funds” means the investments and moneys representing the moneys lodged in Court on the 4th day of February, 1924, by the deceased trustees to the credit of a matter entitled “In the High Court of Justice, Chancery Division. In the Matter of the Trusts of the Funds of the Sinn Féin Organisation established in the year 1905 and reconstituted in the year 1917, And in the Matter of the Trustee Act, 1893 ” and the accumulations on the moneys so lodged;

the expression “the deceased trustees” means Eamonn Duggan, and Jennie Wyse Power, both deceased, formerly treasurers of the Sinn Féin Organisation;

the expression “the moneys on deposit in the Bank” means the moneys lodged on deposit in the Bank in the joint names of the deceased trustees and the interest accrued due thereon;

the expression “the pending action” means the action pending in the High Court (1942, No. 31. P) wherein Margaret Buckley and others are plaintiffs and the Attorney General and Charles Stewart Wyse Power are defendants;

the expression “the Trust Fund” means the fund to be established under section 9 of this Act.

Establishment of the Board.

2.—(1) There shall, by virtue of this section, stand established on the date of the passing of this Act a body, to be styled and known as Bord Cistí Sinn Féin, to fulfil the functions assigned to it by this Act.

(2) The Board shall be a body corporate with perpetual succession and an official seal (which shall be judicially noticed) and with power to sue and be sued in its corporate name and to hold land.

Constitution of the Board.

3.—The Board shall consist of seven members, namely—

(a) the Chairman, and

(b) six ordinary members.

Provisions in relation to the Chairman of the Board.

4.—(1) Subject to subsection (2) of this section, the Chief Justice shall be the Chairman of the Board.

(2) (a) The Chief Justice may from time to time nominate a person (being a Judge of the Supreme Court, the High Court or the Circuit Court) to act as Chairman of the Board, and may at any time withdraw any such nomination.

(b) Where a person is nominated under paragraph (a) of this subsection, he shall, until his death or resignation or the withdrawal of his nomination, whichever first happens, be the Chairman of the Board in lieu of the Chief Justice.

Provisions in relation to appointment, terms of office, etc., of ordinary members of the Board.

5.—(1) The first ordinary members of the Board shall be appointed by the Government.

(2) Every ordinary member of the Board shall hold office until his death, resignation or removal from office whichever first happens.

(3) Whenever an ordinary member of the Board dies, resigns or is removed from office, the Government shall, as soon as conveniently may be, appoint another person to be an ordinary member of the Board in the place of the ordinary member so dying, resigning or removed from office.

(4) An ordinary member of the Board may at any time by letter addressed to the Taoiseach resign his office and such resignation shall take effect as on and from the date of the receipt of such letter by the Taoiseach.

(5) If a committee, consisting of three persons nominated by the Chief Justice, is requested by the Attorney General to inquire into, and report upon, the question whether it is desirable that a particular ordinary member of the Board should cease to hold office—

(a) the committee shall comply with the request,

(b) if the committee by a majority reports that it is desirable that the said ordinary member should cease to hold office, the Government may by order remove the said ordinary member from office.

Procedure at meetings of the Board.

6.—(1) At a meeting of the Board—

(a) the Chairman of the Board shall, if present, be chairman of the meeting;

(b) if and so long as the Chairman of the Board is not present or if the office of Chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

(2) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting, and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(3) The Board may act notwithstanding one or more vacancies amongst its members.

(4) The quorum for a meeting of the Board shall be four.

(5) Subject to the provisions of this Act, the Board may regulate the procedure and business of the Board.

Seal of the Board.

7.—(1) The Board shall as soon as may be after its establishment provide itself with a seal.

(2) The seal of the Board shall be authenticated by the signature of the Chairman of the Board or some other member thereof authorised by the Board to act in that behalf.

Officers of the Board.

8.—(1) The Board may appoint such and so many officers as the Board from time to time think proper.

(2) The Board may at any time remove any officer of the Board from being such officer.

(3) There shall be paid by the Board to its officers such remuneration and allowances as the Board shall determine.

The Trust Fund.

9.—(1) The Board shall keep a fund and shall maintain and manage it in accordance with this Act.

(2) All moneys received by the Board under this Act shall be paid into the Trust Fund.

(3) There shall be paid out of the Trust Fund all payments which the Board are authorised or required to make under this Act and all expenses incurred by the Board in the administration of this Act.

(4) The Board may invest the Trust Fund in any manner in which moneys of the Post Office Savings Bank are authorised by law to be invested.

(5) The Board may from time to time at its discretion vary or transpose all moneys invested under this section into other investments authorised by this section and may at any time sell and convert into money all or any investments made by it under this section.

(6) All dividends and interest received by the Board on investments made by them under this section and any moneys received by the Board in respect of the sale of any such investments shall be paid into the Trust Fund.

Staying and dismissal of pending action, payment of costs of parties thereto and restriction on further proceedings.

10.—(1) On the passing of this Act, all further proceedings in the pending action shall, by virtue of this section, be stayed.

(2) The High Court shall, if an application in that behalf is made ex-parte by or on behalf of the Attorney General, make an order dismissing the pending action without costs.

(3) (a) The Board shall, after the pending action has been dismissed, pay to—

(i) Charles Stewart Wyse Power, party thereto, his costs of and incident to the pending action, as between solicitor and client, when taxed and ascertained, and all other costs properly incurred by him as a trustee and incident to the Court funds and the moneys on deposit in the Bank, when taxed and ascertained,

(ii) the said Charles Stewart Wyse Power, as personal representative of the late Jennie Wyse Power, all costs properlý incurred by her as a trustee and incident to the Court funds and the moneys on deposit in the Bank, when taxed and ascertained,

(iii) the other parties thereto, their respective costs of and incident to the pending action, as between party and party, when taxed and ascertained.

(b) The costs to be paid in pursuance of paragraph (a) of this subsection shall not include any costs incurred after the 11th day of March, 1947, other than costs of taxation.

(4) From and after the passing of this Act, no action or other proceeding shall, save as provided by this section or section 11 of this Act, be brought or instituted in respect of the Court funds or the moneys on deposit in the Bank.

Payment to the Board of Court funds and moneys on deposit in the Bank.

11.—(1) The High Court shall, on the application of the Board made ex-parte, make an order directing the Court funds to be paid to the Board.

(2) The Bank shall, on the application in writing of the Board, pay to the Board the moneys on deposit in the Bank.

Release of Court funds and moneys on deposit in the Bank from trusts and release of personal representative of Jennie Wyse Power from actions, etc., in respect of Court funds and moneys on deposit in the Bank.

12.—When the Court funds and the moneys on deposit in the Bank have been paid to the Board—

(a) the Court funds and the moneys on deposit in the Bank shall, by virtue of this section, stand discharged from such trusts (if any) as are attached thereto immediately before such payment, and

(b) Charles Stewart Wyse Power, the personal representative of the late Jennie Wyse Power, the survivor of the deceased trustees, shall, by virtue of this section, stand released from all actions, proceedings, accounts, claims and demands in respect of the Court funds and the moneys on deposit in the Bank.

Payments out of the Trust Fund to certain persons.

13.—(1) The Board, in its absolute discretion, may from time to time make out of the Trust Fund payments of such amount as the Board thinks fit to any person who is a qualified person.

(2) Any moneys paid by the Board under this section to any person shall not be capable of being taken in execution or otherwise alienated by process of law for the payment of any liability or debts of that person.

(3) In this section—

the expression “the Forces” means the following military bodies—

(a) Oglaigh na hEireann (The Irish Republican Army),

(b) The Irish Volunteers,

(c) The Irish Citizen Army,

(d) Fianna Eireann,

(e) The Hibernian Rifles,

(f) Cumann na mBan,

the expression “the critical period” means the period commencing on the 1st day of April, 1916, and ending on the 11th day of July, 1921;

the expression “qualified person” means any person being, in the opinion of the Board—

(a) a person who is in needy circumstances and who, as a member of the Forces, gave service in the National Cause at any time during the critical period, or

(b) a person who is in needy circumstances arising directly or indirectly out of his efforts in support of the activities of the Forces or out of his service in the National Cause at any time during the critical period, or

(c) a person who is in needy circumstances and who—

(i) is a dependant of a person mentioned in paragraph (a) or paragraph (b) of this definition, or

(ii) at the time of the death of a person who as a member of the Forces, gave service in the National Cause at any time during the critical period was a dependant of such person, or

(iii) were it not for the death of a person who, as a member of the Forces, gave service in the National Cause at any time during the critical period might reasonably expect to be assisted or maintained by such person, or

(iv) at the time of the death of a person who at such time was in needy circumstances arising directly or indirectly out of his efforts in support of the activities of the Forces or out of his service in the National Cause at any time during the critical period was a dependant of such person.

Power of the Board to accept donations.

14.—(1) The Board may accept any real or personal property given to it, by way of gift, bequest or devise, for the purposes of this Act.

(2) Where any land is given to the Board, it shall, as soon as may be after such land becomes vested in it, sell such land and pay the net proceeds of the sale into the Trust Fund.

Accounts of the Board.

15.—The Board shall keep proper books of accounts and shall, as soon as may be after the 31st day of December in each year, publish in the Iris Oifigiúil a statement of accounts (duly audited and certified by an auditor appointed by the Board with the approval of the Government) in respect of such year.

Dissolution of the Board on exhaustion of the Trust Fund.

16.—If and when the Trust Fund is, by reason of payments thereout, exhausted, the Board shall send a certificate to the Government to that effect and thereupon the Government may by order dissolve the Board.

Short title.

17.—This Act may be cited as the Sinn Féin Funds Act, 1947.