MR. T. M. HEALYOn this clause I wish to ask a question with respect to the words in line 5 "judge of assize." I have handed in a notice to insert after those words "under this Act." You will find in the County Treasurer Act, which this Bill proposes to repeal, there is some provision by which if the grand jury officials decline to sign a presentment the difficulty may be got over. If that is going to be repealed the words of this clause as they stand will not be sufficient. The words are—
Where the payment of a sum by any county or district council, or the treasurer of such council, or other officers of the council on behalf of the council, is ordered by a judge of assize.252 That leaves it wholly at large, because it is not limited by the words that come subsequently—Or is required either to comply with any enactment, or to meet either a judgment or decree of any competent court.I presume that the judge of assize is "a competent court," so that you can only need the words "judge of assize" by reference to the malicious injury section of the Bill. It appears to me that this is giving the widest power to the judge of assize, such as he never had before. It does not say that he is to act according to any law, but he is to be at large.
§
Amendment proposed—
Page 29, line 15, after the word 'is' to insert the words 'legally ascertained by a judgment order on that .behalf to be.'"—(Mr. T. M. Healy.)
§ * MR. ATKINSONIt would be necessary, if these words were inserted, to recast the clause altogether, I cannot accept the Amendment.
§ Amendment, by leave, withdrawn.
§ Clause 52, as amended, agreed to.