The Gazette 1909-10

26.

JULY, 1909]

The Gazette of the Incorporated Law Society of Ireland.

acceptance of such modification have his costs to the date of such notice taxed by the proper officer, and the Court shall make an Order against the District Council for payment of such costs. If the petitioner shall refuse to accept a proposed modification ofthe Order, the Court shall, on the hearing of the case, deter mine whether such refusal was reasonable or otherwise, and may make such Order as to the costs subsequent to such refusal as may seem just in the circumstances. 7. If the petition shall not in the meantime have been withdrawn, the Court shall, on the day fixed for the hearing, or on any other day to which the hearing may be adjourned, hear all such evidence as may be tendered in sup port of the petition, or by the District Council, or any other party interested in opposition thereto, and shall make an order confirming, amending, or disallowing the order petitioned against, with such costs as may seem reason able under all the circumstances of the case, having regard to the provisions of Rules 15 and 16. Such Order may be in the form No. 2 or No. 3 in the schedule hereto, according to the circumstances of the case, or as near thereto as the case admits. 8. In case a petitioner should die before the hearing of his petition, the petition may be revived in the name of the personal repre sentative of the petitioner, or of the person who may become entitled to the lands in ques tion, and the hearing of the petition may be adjourned for that purpose. 9. A copy of the Order made by the Court shall be forwarded by the Clerk ofthe Peace to the Local Government Board. 10. Any person claiming to be entitled to any money paid to another person by the District Council under section 11 of the Labourers (Ireland) Act, 1906, shall serve a notice of his claim upon the Clerk of the District Council, and upon the person to whom the money claimed has been paid. Such notice shall be in the form No. 4 in the schedule hereto, and shall be served either personally or by registered letter. 11. At the expiration of one calendar month from the service of such notice, the person so claiming to be entitled to the money so paid may bring a Civil Bill Process to the County Court for the county and the division of the county in which any part of the land for which . the money was so paid is situate, in which Civil Bill Process the person claiming to be entitled to the money paid shall be plaintiff, .

RULES FOR THK COUNTY COURir UNDER THK LABOURERS (iRKI.ANo) ACT, igo6. i. A petition to the County Court under section 6 ofthe Labourers (Ireland) Act, 1906, shall be in the form No. i in the schedule hereto, or as near thereto as'the circumstances admit, and shall be brought in the division of the county where the land comprised in the scheme is situate. Should the land be situate in two divisions ofthe county, the petition may be brought in either division. Such petition shall be presented within five weeks from the date of the service of a copy of the Order appealed from upon the petitioner. ^. Two copies of the petition shall be lodged with the Clerk of the Peace, who shall enter the same for hearing at the first sitting ofthe Court held in the division after the expiration of one week from the date of the presentation thereof. 3. A cop}' of the petition endorsed by the Clerk of the Peace, with a certificate of the lodgment of the petition for hearing by the Court, and the date fixed for such hearing, shall be served by the petitioner upon the Clerk of the District Council by leaving the same at his office within two days after the petition is lodged with the Clerk ofthe Peace. 4. The Clerk of the Peace shall forthwith forward one of the copies ofthe petition served on him to the Local Government Board. 5. A petition may be withdrawn without costs within five days after the presentation thereof by serving a notice in writing of such withdrawal on the Clerk ofthe District Council, and filing a copy thereof with an affidavit of service with the Clerk ofthe Peace. A petition may in like manner be withdrawn at any later time before the hearing; but in the last- mentioned case an order may be made by the Court on the day fixed for the hearing that the petitioner shall pay the reasonable costs of any person or body served with the petition. The Clerk ofthe Peace, when any petition has been withdrawn, shall forthwith give notice thereof to the Local Government Board. 6. If the District Council shall at any time before the hearing of the petition serve notice in writing upon the petitioner, and also upon the Clerk of the Crown and Peace, of their •withdrawal ofthe part of the Order petitioned against, or of their consent to its modification in manner to be stated in such notice, the petitioner may upon such withdrawal or upon PROCEDURE IN