The Gazette 1907-8

[FEB., 1908

The Gazette of the Incorporated Law Society of Ireland.

90

notice shall state whether the whole or only part of the determination is appealed from, and, if only part, what part; and it shall also specify the grounds of appeal. The time with in which an appeal shall be brought shall be fourteen days from the date of such deter mination. (87.) Every notice of appeal shall be served on the Registrar of the Estates Commissioners at the office of such Commissioners. Such notice shall be a fourteen days' notice. A copy of the notice of appeal shall, within seven days from service on such Registrar as aforesaid, be lodged with the proper officer, and, on proof of such service, as aforesaid, by affidavit, such officer shall enter the appeal for hearing before the Judge. (88.) An office copy of the determination shall be produced by the appellant before the appeal is opened before the Judge. (89.) The evidence upon the hearing of an appeal shall be given viva race, unless other wise allowed by the Judge. (90.) The Judges on the rota for the time being shall arrange between themselves for the distribution of appeals. (91.) All notices, affidavits, or other docu ments, to be used in any proceeding under these Rules, shall be headed in the King's Bench Division of the High Court, and all such affidavits shall be filed in the proper office of that Division. (92.) In the absence of consent, the notice of application for consolidation and transfer, or consolidation or transfer of appeals, shall be a four clear days' notice, and, in the case of an appellant's application, shall be served on the Registrar of the Estates Commissioners in the same manner as is hereinbefore pro vided with respect to notices of appeal, and shall be supported by affidavit. If the Estates Commissioners be the applicants, the notice shall be served on the appellant or appellants, either personally or by registered letter, or, in case he or they appear by solicitor, on such solicitor. Copies of the notice of motion and affidavit or affidavits in support of the appli cation shall be lodged with the proper officer within two clear days from the service of such notice. On proof of such service, as aforesaid, by affidavit, such officer shall list the motion for hearing before the Judge. Affidavits to oppose any such application as aforesaid may be filed, and copies thereof shall be forth with served on the opposite party in manner hereinbefore provided for service of the notice of application.

matters hereinbefore referred to have not been properly or sufficiently dealt with in the origina ting application or request before him, he should, as a general rule, if such originating application or request has not been lodged with the Estates Commissioners, cause it to be amended before lodgment; but if such origina ting application or request has been lodged, he should state the matters referred to in his certificate. ESTATES COMMISSIONERS' OFFICE, DUBLIN, January, iqoS. Evicted Tenants (Ireland) Act, 1907. THE following Rules of the Supreme Court, dated the 241)1 day of January, 1908, have been made regulating the procedure for Appeals under section 2, sub-sections (11) and (12), of the Evicted Tenants (Ireland) Act, 1907:— (82.) The rota for appeals for each year shall consist of three Judges of the King's Bench Division of the High Court. They shall serve from the ist January to the 3ist December. (83.') All the Judges of the King's Bench Division shall be liable to serve. They shall serve successively on the rota according to seniority of appointment, until each Judge has served on the rota once—and so on from time to time the same principle of rotation shall be followed. (84.) In the absence of arrangement between the Judges any temporary vacancy from illness or inability on the part of a Judge to act on the ordinary rota of three for the particular year shall be filled by the senior Judge on the rota for the following year, without prejudice, however, to his obligation to serve on the rota for such following year. In the event of a permanent vacancy from death, resignation, or other cause, of such first-mentioned Judge, such next senior Judge shall be transferred from the rota of the following year, and shall take the place of the Judge causing such vacancy, as if he had been originally one of the Judges on the rota for the year in which such vacancy took place. (85.) If the hearing of any appeal or matter relating thereto shall be pending before a Judge, and not concluded when his rota period shall have concluded, such Judge may proceed with, and dispose of, such pending appeal or matter. (86.) All appeals to the Judge of Assize or to a Judge on the rota shall be by notice, signed by the appellant or his solicitor. Such