The Gazette 1915-16

The Gazette of the Incorporated Law Society of Ireland.

APRIL, 1916]

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