29 / 112
JULY, 1909]
The Gazette of the Incorporated Law Society of Ireland.
26.
RULES
FOR
PROCEDURE
IN
THK COUNTY
COURir UNDER THK LABOURERS (iRKI.ANo)
ACT,
igo6.
i. A petition to the County Court under
section 6 ofthe Labourers (Ireland) Act, 1906,
shall be in the form No. i in the schedule
hereto, or as near thereto as'the circumstances
admit, and shall be brought in the division of
the county where the land comprised in the
scheme is situate.
Should the land be situate
in two divisions ofthe county, the petition may
be brought in either division.
Such petition
shall be presented within five weeks from the
date of the service of a copy of the Order
appealed from upon the petitioner.
^.
Two copies of the petition shall be lodged
with the Clerk of the Peace, who shall enter
the same for hearing at the first sitting ofthe
Court held in the division after the expiration
of one week from the date of the presentation
thereof.
3. A cop}' of the petition endorsed by the
Clerk of the Peace, with a certificate of the
lodgment of the petition for hearing by the
Court, and the date fixed for such hearing, shall
be served by the petitioner upon the Clerk of
the District Council by leaving the same at his
office within two days after
the petition
is
lodged with the Clerk ofthe Peace.
4. The Clerk of the Peace shall forthwith
forward one of the copies ofthe petition served
on him to the Local Government Board.
5. A
petition may be withdrawn without
costs within five days after the presentation
thereof by serving a notice in writing of such
withdrawal on the Clerk ofthe District Council,
and filing a copy thereof with an affidavit of
service with the Clerk ofthe Peace. A petition
may in like manner be withdrawn at any later
time before the hearing; but
in
the last-
mentioned case an order may be made by the
Court on the day fixed for the hearing that the
petitioner shall pay the reasonable costs of any
person or body served with the petition. The
Clerk ofthe Peace, when any petition has been
withdrawn, shall forthwith give notice thereof
to the Local Government Board.
6. If the District Council shall at any time
before the hearing of the petition serve notice
in writing upon the petitioner, and also upon
the Clerk of the Crown and Peace, of their
•withdrawal ofthe part of the Order petitioned
against, or of their consent to its modification
in manner to be stated in such notice, the
petitioner may upon such withdrawal or upon
acceptance of such modification have his costs
to the date of such notice taxed by the proper
officer, and
the Court shall make an Order
against the District Council for payment of
such costs.
If the petitioner shall refuse to
accept a proposed modification ofthe Order, the
Court shall, on the hearing of the case, deter
mine whether such refusal was reasonable or
otherwise, and may make such Order as to the
costs subsequent to such refusal as may seem
just in the circumstances.
7. If the petition shall not in the meantime
have been withdrawn, the Court shall, on the
day fixed for the hearing, or on any other day
to which the hearing may be adjourned, hear
all such evidence as may be tendered in sup
port of the petition, or by the District Council,
or any other party interested in opposition
thereto, and shall make an order confirming,
amending, or disallowing the order petitioned
against, with such costs as may seem reason
able under all the circumstances of the case,
having regard to the provisions of Rules 15 and
16.
Such Order may be in the form No. 2 or
No. 3 in the schedule hereto, according to the
circumstances of the case, or as near thereto
as the case admits.
8. In case a petitioner should die before the
hearing of his petition, the petition may be
revived in the name of the personal repre
sentative of the petitioner, or of the person
who may become entitled to the lands in ques
tion, and the hearing of the petition may be
adjourned for that purpose.
9. A copy of the Order made by the Court
shall be forwarded by the Clerk ofthe Peace to
the Local Government Board.
10. Any person claiming to be entitled to
any money paid to another person by the
District Council under section
11
of the
Labourers (Ireland) Act, 1906, shall serve a
notice of his claim upon the Clerk of the
District Council, and upon the person to whom
the money claimed has been paid. Such notice
shall be in the form No. 4 in the schedule
hereto, and shall be served either personally or
by registered letter.
11. At the expiration of one calendar month
from the service of such notice, the person so
claiming to be entitled to the money so paid
may bring a Civil Bill Process to the County
Court for the county and the division of the
county in which any part of the land for which .
the money was so paid is situate, in which
Civil Bill Process the person claiming to be
entitled to the money paid shall be plaintiff, .