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54023001300216 Bille Cisti Sinn Fein, 1947. Sinn Fein Funds

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54023001300216 Bille Cisti Sinn Fein, 1947. Sinn Fein Funds Oireachtas Library 54023001300216 BILLE CISTI SINN FEIN, 1947. SINN FEIN FUNDS BILL, 1947. Mar do tugadh isteuch. .As introduced. ARRANGEMENT OF SECTIONS. Section. 1. Definitions. 2. Establishment of the Board. 3. Constitution of the Board. 4. Provisions in relation to the Chairman of the Board. 5. Provisions in relation to appointment, terms of office, etc., of ordinary members of the Board. 6. Procedure at meetings of the Board. 7. Seal of the Board. 8. Officers of the Board. 9. The Trust Fund. 10. Staying and dismissal of pending action, payment of costs of parties thereto and restriction on further proceed­ ings. 11 . Payment to the Board of Court funds and moneys on deposit in the Bank. 12. 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. 13. Payments out of the Trust Fund to certain persons. 14. Power of the Board to accept donations. 15. Accounts of the Board. 16. Dissolution of the Board on exhaustion of the Trust Fund. 17. Short title. fNo. 5 of 1947.] EIRE BILLE CISTI SINN FEIN. 1947. SINN FEIN FUNDS BILL, 1947. BILL entitled e 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 ORGANISA­ TION. 10 BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1. —In this Act— Bank. the expression “ the Bank ” means the Provincial Bank of Ireland, Limited ; Board. the expression “ the Board ” means Bord Cisti Sinn Fein estab- 15 lished by section 2 of this Act; Court funds. 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 20 the Matter of the Trusts of the Funds of the Sinn Fein 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;. deceased trustees. the expression “ the deceased trustees ” means Eamonn Duggan, 25 and Jennie Wyse Power, both deceased, formerly treasurers of the Sinn Fein Organisation; moneys deposited the expression “ the moneys deposited in the Bank ” means the in the Bank. moneys lodged on deposit in the Bank in the joint names of the deceased trustees and the interest accrued due thereon; 30 pending action. 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; Trust Fund. the expression “ the Trust Fund ” means the fund to be established 35 under section 9 of this Act. Establishment 2. —(1) There shall, by virtue of this section, stand established of the Board. on the date of the passing of this Act a body, to be styled and known as Bord Cisti Sinn Fein, to fulfil the functions assigned to it by this Act. (2) The Board shall be a body corporate with perpetual suc­ cession 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 3. —The Board shall consist of seven members, namely— Board. (a) the Chairman, and (b) six ordinary members. 2 4.—(1 ) Subject to subsection (2) of this section, the Chief Justice Provisions in shall be the Chairman of the Board. relation to 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 5 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 10 or the withdrawal of his nomination, whichever first happens, 'be the Chairman of the Board in lieu of the Chief Justice. 5.—(1) The first ordinary members of the Board shall be Provisions in . appointed by the Government. relation to appointment, terms of office, 15 (2) Every ordinary member of the Board shall hold office untiletc., of ordinary his death, resignation or removal from office whichever first members of the happens. Board. (3) Whenever an ordinary member of the Board dies, resigns or is removed from office, the Government shall, as soon as con- 20 veniently may be, appoint another person to be an ordinary mem­ ber 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 resig- 25 nation 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 30 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, 35 the Government may by order remove the said ordinary member from office. 6.—(1) At a meeting of the Board— Procedure at meetings of the (a) the Chairman of the Board shall, if present, be chairman Board. of the meeting; 40 (6) 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 l>e determined 45 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. 50 (4) The quorum for a meeting of the Board shall be four. (5) Subject to the provisions of this Act, the Board may regu­ late the procedure and business of the Board, 3 Seal uf the 7.—(1 ) The Board shall as soon as may be after its establish­ Board. ment provide itself with a seal. (2) The seal of the Board shall be authenticated by the signa­ ture of the Chairman of the Board or some other member thereof authorised by the Board to act in that behalf. 5 Officers of the 8.-(l) The Board may appoint such and so many officers as Board. 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 10 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. 15 (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 20 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 25 and convert into money all or any investments made by it under this section. (6) All dividends and interest received by the Board on invest­ ments made by them under this section and any moneys received by the Board in respect of the sale of any such investments shall 30 be paid into the Trust Fund. Staying and 10 .—(1) On the passing of this Act, ail further proceedings in dismissal of the pending action shall, by virtue of this section, be stayed. pending action, payment of costs of parties thereto (2) The High Court shall, if an application in that behalf is and restriction made ex-parte by or on behalf of the Attorney General, make an 35 on further order dismissing the pending action without costs. proceedings. (3) («) The.Board shall, after the pending action has been dis ­ missed, pay to— (i) Charles Stewart Wyse Power, party thereto, his costs of and incident to the pending action, as between 40 solicitor and client, when taxed and ascertained, (ii) the other parties thereto, their respective costs of and incident to the pending action, as between party and party, when taxed and ascertained. (6) The costs to be paid in pursuance of paragraph (a) of 45 this subsection shall not include any costs incurred after the 11 th 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 50 the moneys on deposit in the Bank, 4 11 .
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