The Gazette 1917-18

42

The Gazette of the Incorporated Law Society of Ireland.

[NOVEMBER,

GOURTS (EMERGENCY POWERS) ACT, 1917. Rules made by the Lord Chancellor of Ireland under the Courts (Emergency Powers) Act, 1917. DEFINITIONS. 1. In these Eules, t.he expression " the Act" means t'ie Courts (Emergency Powers) Act, 1917:' ' : ' •"•'• The expression " application " means an application to the Court under section 1 of this Act. ' The •" Jjand Judge" means the Land Judge of the Chancery Division of the. Higii Court of Justice in Ireland. (A.) PROCEDURE WHERE ACTIONS OR PROCEEDINGS PENDING. 2. In all cases where actions shall have been brought or proceedings shall have been taken in connection with a contract or obligation coming within the provisions of Section 1 of the Act application pursuant to said Section may be made by any party to the action or proceedings, to the Court in which the action or proceedings shall be pending. 3. When the action or proceedings are pending in the High Court the application shall be made by Summons to be served at such time and in such manner and shall be dealt with according to such practice generally as may be in conformity with the practice of the Court, or of the division of the Court in which it is pending. 4. When the proceedings are pending in the County Court the application shall be by notice or motion, to be served trpon the opposite party in the manner pre scribed for the service of Notices, by the County Courts (Ireland) Orders, 1890, or any amendment thereof, three clear days before the first day of the Sessions in the place at which such application is to be heard unless the County Court shall in any case, where special circumstances in the opinion of the Court exist, permit such other service as shall appear just to such Court.

5. Ever, such Summons or Notice shall be entitled in the matter of the pending action or proceedings and in the matter of the Courts '.(Emergency Powers) Acts, 1914 to 1917 hand shall state the substance of the proposed application and the time and place of making same. (B.) PROCEDURE WHERE NO ACTION OR PROCEEDINGS PENDING. 6. In all cases where no action or pro ceedings are pending in any Court any person claiming to'ber entitled to relief as a party to a contract .or otherwise, under the provisions of Section 1 of the Act, may apply -pursuant to said section, and such application shall be by way of Originating Summons and shall be made to the Land Judge. 7. The Originating Summons in the last preceding rule shall be entitled " In the Matter of the Contract dated............ made between (setting out the names of the parties) " or "In the Matter of (setting ' out the Act of Parliament or Order referred to in Sec. 1, sub-sec. 2 of the Act), " and " In the Matter of the Courts (Emergency Powers) Acts, 1914-1917," and such Originating Summons shall state concisely the relief sought for under said section and shall have appended thereto the Notices prescribed by the Supreme Court Biiles, 1905. 8. The procedure to be adopted with regard to the issue and service of such Originating Summons shall be such as is. prescribed by the Eules of the Supreme Court, 1905. EVIDENCE IN SUPPORT OF APPLICATION. 9. An application to the High Court for relief under the said section shall be grounded on an affidavit or affidavits setting out concisely the grounds for the application and the facts showing that the applicant is entitled to apply under Section 1. 10. The application shall in the first instance be heard by the Land Judge in Chambers on affidavit, and the Judge may if he sees fit adjourn'the application into