43 / 112
AUG., 1909]
The Gazette of the Incorporated Law Society of Ireland.
39
(c)
Authorizing the acquisition of land for
the purposes of Part III of that Act.
(1) The Inspector appointed by the Local
Government Board to hold the inquiry if he
thinks proper after the completion of
the
inquiry, and, considering ail objections made
by any person interested, may make an Order,
in this section called a Provisional Order,
confirming or sanctioning the Scheme, and
the Inspector shall, subject to the approval
of the Local Government Board, have for that
purpose all or any of the powers conferred on
the Local Government Board by the Labourers
(Ireland) Acts and the Housing of the Work
ing Classes (Ireland) Acts in relation to the
making of Provisional Orders confirming Im
provement Schemes tinder those Acts.
(2) A copy of any Provisional Order made
under this section shall be served in such
manner as may be prescribed by the Local
Government Board, together with a statement
that the same will be confirmed and have the
effect of an Act of Parliament, unless within
such period as may be prescribed by the
Local Government Board, which shall not be
less
than one month, a petition by some
person interested is presented to the Local
Government Board or the County Court having
jurisdiction where the land comprised in the
Scheme is situated, praying that the Provi
sional Order, or any specified part thereof,
shall not become law without further inquiry.
(3) A copy of every petition to the County
Court under this section shall be forwarded by
an officer of the Comity Court to the Local
Government Board, and, if the petition is
withdrawn, a notice to that effect shall be so
forwarded.
(4) If the Local Government Board are
satisfied that the requirements of sub-section z
of this section have been in all respects com
plied with,
then after the period
therein
mentioned :
(a}
If no petition has been presented, or if
every such petition has been with
drawn, the Board shall, without further
inquiry, confirm the Provisional Order,
(i) If a petition has been presented to the
Local Government Board, and has not
been withdrawn, then, unless the local
authority notify the Local Government
Board of their intention to withdraw
!
the scheme, or the part thereof as the
case may be to which the petition
relates, the Board shall, after conside
ration of a full report of the evidence
taken at
the original
inquiry,
and
after such further local inquiry (if any)
as they may deem necessary, either
confirm, with or without amendment,
or disallow the Provisional Order.
(c}
If a petition has been presented to the
County Court, and has not been with
drawn, then, at the first sitting of that
Court, held after the expiration of one
week from the date of the presentation
of the petition, or at any adjournment
thereof, the Court shall hear the peti
tion and determine all questions arising
thereon, and may either confirm, with
or without amendment, or disallow the
Provisional Order, and may award
costs, to be paid by or to the Petitioner,
or any party opposing the petition.
(d}
Upon any such confirmation by the Local
Government Board, or the County
Court, the Provisional Order, and, if
amended, as so amended, shall become
final and have the effect of an Act of
Parliament; and the confirmation by
the Local Government Board or the
County Court shall be conclusive evi
dence that the requirements of the Act
of 1908 have been complied with, and
that the Order so confirmed has been
duly made and is within the powers of
the Housing of the Working Classes
(Ireland) Acts.
(5) Rules of the County Court for the pur
poses of this section shall be made, after con
sultation, with a notice of consultation sent to
the President of the Incorporated Law Society
of Ireland, and shall regulate the practice and
procedure with respect to the presentation,
withdrawal, and hearing, of petitions to the
County Court, ami for the costs incidental
thereto.
Library Catalogue.
A NEW edition of the catalogue of the books
contained in the Library of the Society has
now been issued ; and any member who desires
to obtain a copy should apply for it in the
Secretary's office.
Copies of the catalogue
are free to the members of the Society, and
any member who desires to have the catalogue
sent to him by post should, with his application
to the Secretary, enclose four pence to defray
the postage. The previous edition'was issued
in 1895, and contained 184 pages; the new
edition contains 228 pages.