The Gazette 1908-9

The Gazette of the Incorporated Law Society of Ireland.

[AUG., 1908

apply to appeals taken under this Act, to a Judge of Assize, or, in the case of the County of Dublin and the County of the City of Dub lin, to a Judge of the High Court. 9. (95.) The Clerk of the Peace, or the Clerk of the Crown and Peace where the offices are united, shall enter in the Town Tenants' Minute Book the order of the Judge made on such appeal, and any directions given by him thereon. Appeals to the Court of Appeal. 10. (96.) An appeal to the Court of Appeal from the decision of a County Court Judge or Recorder, or from the determination of a Judge of Assize, or a Judge of the High Court, shall be by notice of motion. Ji.(9y.) The notice of motion shall be served upon the Solicitors of the parties who appeared in the Court below, or upon the parties, if not represented by Solicitors, and a copy shall be lodged with the Registrar of the Court of Appeal. 12. (98.) An appeal to the Court of Appeal from a decision of a County Court Judge or Recorder, shall be brought within the same time as an appeal to a Judge of Assize, or in Dublin to a Judge of the High Court. 13. (19.) An appeal from the determination of a Judge of Assize or a Judge of the High Court shall be taken within twenty-one days from the pronouncing of the determination. 14. (100.) In the event of an appeal being taken both to the Judge of Assize, or to a Judge of the High-Court, and the Court of Appeal, and a further appeal being taken from the Judge to the Court of Appeal, the Judge shall, upon the requisition of the Registrar of the Court of Appeal, furnish a copy of his notes to the Registrar. 15 (101.) Copies c>f the notes of the County Court Judge, or Recorder, or Judge of Assize, or the Judge of the High Court, as the case may be, shall be supplied to the parties upon payment of the usual Court fees. 16. (102.) Appeals to the Court of Appeal shall be subject to the provisions of the Rules of the Supreme Court (Ireland) Order, LV1IL, so far as the same are applicable. ORDER LXII. 17. (360.) Where funds lodged in Court to the account of the Accountant - General, whether under an order of the Court or a Judge, or otherwise, are subject to or liable to be affected by any trust for any charitable purpose, whether immediately or after the determina tion of or subject to any prior life or other

applied for a writ of certiorari to quash a certificate purporting to be given by the Local Government Board under the provisions of the Labourers (Ireland) Order, 1906, in respect of the costs of an owner of making title to lands taken for sites under the Labourers Act. Having referred to the Lands Clauses Act dealing with costs to be allowed to an owner making title to land taken as sites, Counsel mentioned that" power was given to the Local Government Board by section 31 of the Labourers (Ireland) Act, 1906, after consulta tion with, or notice of consultation sent to, the President of the Incorporated Law Society, to make rules which may fix the amount of any fees, and may provide for the taxation of any costs in respect of the carrying out of schemes. The Local Government Board, however, had taken up the position that, in the matter of costs payable by District Councils to the solicitor of an owner whose lands are acquired for the purposes of the Act, the Board have a right to certify for any sum they choose. The Board send the costs to their solicitor, Mr. Mecredy, for taxation ; and the solicitor whose costs are taxed is not allowed to be present at the taxation, nor is he given information as to what items Mr. Mecredy reduces or disallows, nor how the amount certified by the Local Government Board to be payable in respect of the costs is arrived at. Counsel asked for a conditional order for a writ of certiorari directed to the Local Government Board, on the grounds that the procedure is illegal, and that Rule 55 of the Labourers (Ireland) Act Order, 1906, is ultra vires. A conditional order was granted. Rules of the Supreme Court of Judicature, Ireland. JUNE, 1908. These Rules may be cited as Rules of the Supreme Court (Ireland), June, 1908; or each Rule may be cited by the heading thereof with reference to the Rules of the Supreme Court (Ire land), 1905. ORDER LIX. APPEALS- UNDER THE TOWN TENANTS ACT, 1906. Appeals from the County Court to a fudge of Assize or a Judge of the High Court. 8. (94.) The practice and procedure upon appeals in the case of ordinary Civil Bills shall