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90
The Gazette of the Incorporated Law Society of Ireland.
[FEB., 1908
matters hereinbefore referred to have not been
properly or sufficiently dealt with in the origina
ting application or request before him, he
should, as a general rule, if such originating
application or request has not been lodged
with the Estates Commissioners, cause it to be
amended before lodgment; but if such origina
ting application or request has been lodged, he
should state the matters referred to
in his
certificate.
ESTATES COMMISSIONERS' OFFICE,
DUBLIN,
January, iqoS.
Evicted Tenants (Ireland) Act, 1907.
THE following Rules of the Supreme Court,
dated the 241)1 day of January, 1908, have been
made regulating the procedure for Appeals
under section 2, sub-sections (11) and (12),
of the Evicted Tenants (Ireland) Act, 1907:—
(82.) The rota for appeals for each year shall
consist of three Judges of the King's Bench
Division of the High Court. They shall serve
from the ist January to the 3ist December.
(83.') All the Judges of the King's Bench
Division shall be liable to serve. They shall
serve successively on the rota according to
seniority of appointment, until each Judge has
served on the rota once—and so on from time
to time the same principle of rotation shall be
followed.
(84.) In the absence of arrangement between
the Judges any temporary vacancy from illness
or inability on the part of a Judge to act on
the ordinary rota of three for the particular
year shall be filled by the senior Judge on the
rota for the following year, without prejudice,
however, to his obligation to serve on the rota
for such following year.
In the event of a
permanent vacancy from death, resignation,
or other cause, of such first-mentioned Judge,
such next senior Judge shall be transferred
from the rota of the following year, and shall
take the place of
the Judge causing such
vacancy, as if he had been originally one of
the Judges on the rota for the year in which
such vacancy took place.
(85.) If the hearing of any appeal or matter
relating thereto shall be pending before a Judge,
and not concluded when his rota period shall
have concluded, such Judge may proceed with,
and dispose of, such pending appeal or matter.
(86.) All appeals to the Judge of Assize or
to a Judge on the rota shall be by notice,
signed by the appellant or his solicitor.
Such
notice shall state whether the whole or only
part of the determination is appealed from,
and, if only part, what part; and it shall also
specify the grounds of appeal. The time with
in which an appeal shall be brought shall be
fourteen days from the date of such deter
mination.
(87.) Every notice of appeal shall be served
on the Registrar of the Estates Commissioners
at the office of such Commissioners.
Such
notice shall be a fourteen days' notice.
A
copy of the notice of appeal shall, within
seven days from service on such Registrar as
aforesaid, be lodged with the proper officer,
and, on proof of such service, as aforesaid, by
affidavit, such officer shall enter the appeal for
hearing before the Judge.
(88.) An office copy of the determination
shall be produced by the appellant before the
appeal is opened before the Judge.
(89.) The evidence upon the hearing of an
appeal shall be given
viva race,
unless other
wise allowed by the Judge.
(90.) The Judges on the rota for the time
being shall arrange between themselves for
the distribution of appeals.
(91.) All notices, affidavits, or other docu
ments, to be used in any proceeding under
these Rules, shall be headed in the King's
Bench Division of the High Court, and all
such affidavits shall be filed
in the proper
office of that Division.
(92.) In the absence of consent, the notice
of application for consolidation and transfer,
or consolidation or transfer of appeals, shall
be a four clear days' notice, and, in the case
of an appellant's application, shall be served
on the Registrar of the Estates Commissioners
in the same manner as is hereinbefore pro
vided with respect to notices of appeal, and
shall be supported by affidavit.
If the Estates
Commissioners be the applicants, the notice
shall be served on the appellant or appellants,
either personally or by registered letter, or, in
case he or they appear by solicitor, on such
solicitor. Copies of the notice of motion and
affidavit or affidavits in support of the appli
cation shall be lodged with the proper officer
within
two clear days from
the service of
such notice. On proof of such service, as
aforesaid, by affidavit, such officer shall list the
motion for hearing before the Judge. Affidavits
to oppose any such application as aforesaid
may be filed, and copies thereof shall be forth
with served on the opposite party in manner
hereinbefore provided for service of the notice
of application.