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APRIL, 1916]
The Gazette of the Incorporated Law Society of Ireland.
81
Increase of Rent
and Mortgage Interest
(War
Restrictions) Rules (Ireland), 1916.
THE
INCREASE OF RENT AND MORTGAGE
INTEREST (WAR RESTRICTIONS) RULES,
1916, DATED 24TH MARCH, 1916, MADE
BY THE LORD CHANCELLOR OF IRELAND
UNDER THE
INCREASE OF RENT AND
MORTGAGE
INTEREST
(WAR RESTRIC
TIONS) ACT, 1915 (5 & 6 GEO. 5, c. 97).
Preliminary.
The following Rules under the Increase of
Rent and Mortgage Interest (War Restric
tions) Act, 1915 (in these Rules referred to
as the Act), shall apply to the County Courts.
Rule 3 of these Rules, as to applications
under the Courts (Emergency Powers) Act,
1914, shall apply also to the High Court;
and the rules made under that Act shall have
effect subject to that Rule.
These Rules may be cited as the Increase
of Rent
and Mortgage
Interest
(War
Restrictions) Rules, 1916, and shall come
into operation forthwith.
Expressions used in these Rules shall have
the same meaning as the same expressions
used in the Act.
Applications iinder Section \, subsection
1,
proviso
(iii.) ;
Section
1,
subsection
4,
proviso 2 ;
or Section
2,
subsection
3.
1.—An application to the county court
under the Act—
(a)
to determine any question as to the
increase of rent of a dwelling house to
which the Act applies, pursuant to
proviso
(iii.)
to
subsection
1
of
section 1 ;
or
(b)
to apportion the rent of the property
in which any dwelling house to which
the Act applies is comprised, pursuant
to subsection 3 of section 2,
may be made to the court of the county and
division
in which
the dwelling house
is
situate.
2—(1) An application to the county court
under
the Act, pursuant to the second
proviso to subsection 4 of section 1, may be
made—
(a)
to the court of the county and division
in which the mortgaged property is
situate ; or
(b)
to the court of the county and division
in which
the mortgagor resides or
carries on business.
1.—Subject to the provisions of this Rule,
the Courts (Emergency Powers) Rules, 1914,
as to applications to the High Court or to the
county court for leave to realize any security
to which the Courts (Emergency Powers)
Act, 1914, applies shall cease to apply to
mortgages of leasehold interests to which the
Increase of Rent and Mortgage Interest (War
Restrictions) Act, 1915, applies :
and this
Rule shall apply in lieu thereof.
(2) An application under the last preceding
Rule for an order pursuant to the second
proviso to subsection 4 of section 1 of the
Act shall if and so far as an application for
leave to realize the security is required under
the Courts (Emergency Powers) Act, 1914,
be deemed to be also an application for leave
to realize the security under that Act, and
no separate application under that Act shall
be necessary.
(3) If during the progress of the proceedings
on any such application it shall be made to
appear to the court that the mortgage is one
to which the Increase of Rent and Mortgage
Interest (War Restrictions) Act, 1915, does
not apply, but that leave to realize or enforce
the security is required under the Courts
(Emergency Powers) Act, 1914, and that the
amount of the principal sum secured by the
mortgage does not exceed
five hundred
pounds, the application may proceed in the
county court as an application for leave to
realize the security under the last mentioned
Act and the County Courts (Emergency
Powers) Rules, 1914, and those rules shall
apply accordingly ; but if the amount of the
principal sum secured by
the mortgage
exceeds five hundred pounds the application
shall not proceed under the last mentioned
Act, unless the respondent consents to the
county courts having jurisdiction in
the
matter, in which case the court shall have
jurisdiction to deal with the application as
an application for leave to realize the security
under the last mentioned Act and Rules, and
those Rules shall apply accordingly.
(4) If it shall be made to appear to the court
that the mortgage is one to which neither of
the above mentioned Acts applies,
the