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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.heexpression " 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