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The Gazette of the Incorporated Law Society of Ireland.
[APRIL, 1916
application shall be dismissed or struck out,
as the Judge in his discretion shall think fit.
4.—An application under the Act shall be
made by notice of motion according to the
form in the Appendix, entitled " In the Matter
of the Increase of Rent and Mortgage Interest
(War Restrictions) Act, 1915," and setting
out the full names and addresses of the appli
cant and the respondent.
5.—Duplicate copies of the notice shall be
filed with the Clerk of the Peace three clear
days before the return day, and each applica
tion shall be entered by him in the Equity
Civil Bill book as if it were an equity civil
bill.
Service and Substituted Service.
6.—(1) The notice shall be served on
every person affected thereby six clear days
at least before the first day of the Sessions
at which the same is to be heard, unless the
judge at any time gives leave for shorter
service.
(2)—Service shall be effected in the manner
prescribed for the service of equity civil bill
by the County Courts (Ireland) Orders, 1890,
or any amendment thereof; and the judge
may make such order for substitution of
service or deeming service already had to
be good service as he shall think just.
Evidence in Support of Application,
7. No affidavit in support of the applica
tion shall be used, except by leave of the
court, but the court shall hear oral evidence
tendered by either party.
Power to hear Cases in Private.
8.
The court may at any stage of the
proceedings on an application under the Act
order that the case shall thenceforward be
heard in private.
[There is no rule numbered 9.]
Determination of Questions submitted.
10. On the hearing of the application, or
at any adjournment thereof, the court, on
proof of the service of the notice, if the
respondent does not appear, shall make such
order determination or order in the matter
as the court shall think fit.
Power to impose Conditions.
11. On an application for an order under
the second proviso
to
subsection
4
of
section 1 of the Act, the court may, after
considering all the circumstances of the case
and the position of all the parties, make or
refuse to make the order subject to such
conditions as the court may think fit.
Certificates or Orders on Applications.
12.—When the court has given its decision
on any application, a certificate of
the
determination of the court, or an order of
the court (as the case may be) shall be signed
by the judge and the Clerk of the Peace,
and shall be issued' to the party applying
for the same; and
in such certificate or
order the judge shall give such directions as
to the service of the certificate or order on
any other party and as to the mode of service
as he shall consider necessary.
Revocation or Variation of Orders.
13.—Any determination or order made
under the Act and these Rules may, should
subsequent circumstances render it just so
to do, be suspended, discharged, or otherwise
varied by the court in which the determination
or order was rhade, on application made on
notice in writing in accordance with the
County .Court (Ireland) Orders, 1890, as
amended by these Rules.
General Provisions as to Procedure on
Applications.
14.—Subject to the provisions of the Act
and
these Rules
the practice and pro
cedure of the court in a civil bill, and in
particular the practice and procedure with
respect to subpoenas for witnesses, shall,
with the necessary modifications, apply to
proceedings on an application under the Act.
15.—(1) The following fees shall be pay
able in the County Courts, on applications
under the Act and these Rules, viz. :—
s. d.
On an application for the determina
tion of a question as
to
the
increase of rent of a dwelling
house—
6d. in the
£
or part of a
£,
calculated on 4 weeks' standard