44 / 132
The
Gazette
of the Incorporated Law Society of Ireland.
[AUG., 1908
applied for a writ of
certiorari
to quash a
certificate purporting to be given by the Local
Government Board under the provisions of the
Labourers (Ireland) Order, 1906, in respect of
the costs of an owner of making title to lands
taken for sites under the Labourers Act.
Having referred to the Lands Clauses Act
dealing with costs to be allowed to an owner
making title to land taken as sites, Counsel
mentioned that" power was given to the Local
Government Board by
section
31
of the
Labourers (Ireland) Act, 1906, after consulta
tion with, or notice of consultation sent to,
the President of the Incorporated Law Society,
to make rules which may fix the amount of any
fees, and may provide for the taxation of any
costs in respect of the carrying out of schemes.
The Local Government Board, however, had
taken up the position that, in the matter of
costs payable by District Councils
to
the
solicitor of an owner whose lands are acquired
for the purposes of the Act, the Board have a
right to certify for any sum they choose. The
Board send the costs to their solicitor, Mr.
Mecredy, for taxation ; and the solicitor whose
costs are taxed is not allowed to be present at
the taxation, nor is he given information as
to what items Mr. Mecredy reduces or disallows,
nor how the amount certified by
the Local
Government Board to be payable in respect
of the costs is arrived at. Counsel asked for
a conditional order for a writ of
certiorari
directed to the Local Government Board, on
the grounds that the procedure is illegal, and
that Rule 55 of the Labourers (Ireland) Act
Order, 1906, is
ultra vires.
A conditional order was granted.
Rules of the Supreme Court of Judicature,
Ireland.
JUNE, 1908.
These Rules may
be
cited as Rules of the
Supreme Court (Ireland), June,
1908;
or each
Rule may be cited by the heading thereof with
reference to the Rules of the Supreme Court (Ire
land),
1905.
ORDER LIX.
APPEALS- UNDER THE TOWN TENANTS ACT,
1906.
Appeals from the County Court to a fudge of
Assize or a Judge of the High Court.
8. (94.) The practice and procedure upon
appeals in the case of ordinary Civil Bills shall
apply to appeals taken under this Act, to a
Judge of Assize, or, in the case of the County
of Dublin and the County of the City of Dub
lin, to a Judge of the High Court.
9. (95.) The Clerk of the Peace, or the Clerk
of the Crown and Peace where the offices are
united, shall enter in the Town Tenants' Minute
Book the order of the Judge made on such
appeal, and any directions given by him
thereon.
Appeals to the Court of Appeal.
10. (96.) An appeal to the Court of Appeal
from the decision of a County Court Judge or
Recorder, or from the determination of a Judge
of Assize, or a Judge of the High Court, shall
be by notice of motion.
Ji.(9y.) The notice of motion shall be
served upon the Solicitors of the parties who
appeared in the Court below, or upon the
parties, if not represented by Solicitors, and
a copy shall be lodged with the Registrar of
the Court of Appeal.
12. (98.) An appeal to the Court of Appeal
from a decision of a County Court Judge or
Recorder, shall be brought within the same
time as an appeal to a Judge of Assize, or in
Dublin to a Judge of the High Court.
13. (19.) An appeal from the determination
of a Judge of Assize or a Judge of the High
Court shall be taken within twenty-one days
from the pronouncing of the determination.
14. (100.) In the event of an appeal being
taken both to the Judge of Assize, or to a
Judge of the High-Court, and the Court of
Appeal, and a further appeal being taken from
the Judge to the Court of Appeal, the Judge
shall, upon the requisition of the Registrar of
the Court of Appeal, furnish a copy of his
notes to the Registrar.
15 (101.) Copies c>f the notes of the County
Court Judge, or Recorder, or Judge of Assize,
or the Judge of the High Court, as the case
may be, shall be supplied to the parties upon
payment of the usual Court fees.
16. (102.) Appeals to the Court of Appeal
shall be subject to the provisions of the Rules
of the Supreme Court (Ireland) Order, LV1IL,
so far as the same are applicable.
ORDER LXII.
17. (360.) Where funds lodged in Court to
the
account of
the Accountant - General,
whether under an order of the Court or a Judge,
or otherwise, are subject to or liable to be
affected by any trust for any charitable purpose,
whether immediately or after the determina
tion of or subject to any prior life or other