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The Gazette of the Incorporated Law Society of Ireland.
UUI.Y,
1 9°9
and the District Council and the person to
whom the District Council has paid the money
shall be defendants.
12. On the hearing of such Civil Bill Pro
cess the Court may either dismiss it, or may
make a decree against the District Council for
the amount found due in respect of the claim,
with such costs and expenses as are payable in
an ordinary Ci-vil Bill proceeding.
13. When a District Council desires to pay
money into the County Court under the provi
sions of section 11, sub-section (8), of the Act,
the Clerk of the District Council shall file with
the Clerk of the Peace an affidavit entitled in
the matter of the Labourers (Ireland) Act,
1906, setting
forth
fully the circumstances
which make such lodgment necessary or desir
able, and the names and addresses of all the
persons, so far as can be ascertained, who claim
or appear to be entitled to an interest in the
said money, or in the land for which the said
money
is
lodged
as compensation. Upon
filing such affidavit the Clerk of the District
Council may lodge the money in the manner
provided by the Rules of Court relating to
lodgments of money in the County Courts. A
copy of this affidavit, and of the Clerk of the
Peace's certificate of the lodgment of the
money, .shall be served by the District Council
upon every person, so far as known, claiming
or appearing to be entitled to the said money,
or any part thereof, or to have an interest in
the said lands.
Such service shall be either
personal or by registered letter.
14. Payment out of Court of money so lodged
shall be made upon the application of a party
claiming to be entitled thereto, notice of which
shall be served upon all other parties claiming
to be entitled thereto, and upon the District
Council; and the Court after receiving such
evidence of title to the said money as it may
require, may make an order as to the allocation
and payment out of the said money, or of the
interest thereon, and as to costs, in accordance
with the practice of the High Court under the
Lands Clauses Acts.
15. The costs payable by the District Coun
cil incident to the payment out of Court of any
moneys so lodged shall not exceed
£\a :
pro
vided that where the Court is satisfied in any
particular case that, owing to the difficulty of
showing title, the costs properly and necessarily
incurred in respect of such payments amounted
to a larger sum, the limit of ;£io may be
exceeded.
.16. The costs payable under any order of a
County Court Judge shall, if not otherwise
prescribed under these rules, be in all cases in
his discretion, but in fixing the amount regard
shall be had, so far as practicable, to the amount
of costs which may be awarded in analogous
cases in the Equity Jurisdiction of the County
Court Judge. All costs which are taxed shall
be taxed under the Rules and Schedule of
Fees relating to Equity proceedings under the
County Courts, Ireland, Orders, and shall be
taxed on the higher scale unless the Judge
shall otherwise order. Where no fees are
thereby provided for any work clone under
these rules the fees thereby fixed for analogous
work shall be applicable.
SCHEDULE.
Form No. \.
Petition to the County Court under Section 6.
Labourers (Ireland) Acts, 1883 to 1906,
and
The
Rural Districts Labourers Order
To the County Court of
Division of
The Petition of the undersigned
Sheweth
1. That the above-mentioned Order authorizes, amongst
other things, the compulsory taking of a plot of land
described in the Schedule to the said Order as being
situated in the Townland of
and marked
on the map therein referred to as No.
on Ordnance
Sheet No.
County of
.
2. That your Petitioner is the *
of the said plot
of laud.
3. That your Petitioner objects to the aforesaid portion
of the Order on the following grounds:—
4. That your Petitioner prays that the aforesaid portion
of the Order shall not become law without further
inquiry.
Signature of Petitioner.
\ Full -postal address.
Signed in my presence this
day of
SsiCTiinfurp nf \Vifnpss
Signature of Wit ess
Address
190
Date.
Form No.
2.
Order made by County Court on the hearing of a Petition,
where the Petition is in respect of the entire Order
made by the Inspector.
Labourers (Ireland) Acts, 1883 to 1906.
The
Rural District Labourers Order of
the day of
County of
Division of
Petitioner.
Rural District Council of
Respondents.
The Petitioner having presented a Petition to the
Court in respect of the said Order, and the Court having
heard the matter of the said Petition, and the evidence
* Here insert whether " owner," " lessee," or " occupier."