The Gazette 1909-10

The Gazette of the Incorporated Law Society of Ireland.

UUI.Y, 1 9°9

and the District Council and the person to whom the District Council has paid the money shall be defendants. 12. On the hearing of such Civil Bill Pro cess the Court may either dismiss it, or may make a decree against the District Council for the amount found due in respect of the claim, with such costs and expenses as are payable in an ordinary Ci-vil Bill proceeding. 13. When a District Council desires to pay money into the County Court under the provi sions of section 11, sub-section (8), of the Act, the Clerk of the District Council shall file with the Clerk of the Peace an affidavit entitled in the matter of the Labourers (Ireland) Act, 1906, setting forth fully the circumstances which make such lodgment necessary or desir able, and the names and addresses of all the persons, so far as can be ascertained, who claim or appear to be entitled to an interest in the said money, or in the land for which the said money is lodged as compensation. Upon filing such affidavit the Clerk of the District Council may lodge the money in the manner provided by the Rules of Court relating to lodgments of money in the County Courts. A copy of this affidavit, and of the Clerk of the Peace's certificate of the lodgment of the money, .shall be served by the District Council upon every person, so far as known, claiming or appearing to be entitled to the said money, or any part thereof, or to have an interest in the said lands. Such service shall be either personal or by registered letter. 14. Payment out of Court of money so lodged shall be made upon the application of a party claiming to be entitled thereto, notice of which shall be served upon all other parties claiming to be entitled thereto, and upon the District Council; and the Court after receiving such evidence of title to the said money as it may require, may make an order as to the allocation and payment out of the said money, or of the interest thereon, and as to costs, in accordance with the practice of the High Court under the Lands Clauses Acts. 15. The costs payable by the District Coun cil incident to the payment out of Court of any moneys so lodged shall not exceed £\a : pro vided that where the Court is satisfied in any particular case that, owing to the difficulty of showing title, the costs properly and necessarily incurred in respect of such payments amounted to a larger sum, the limit of ;£io may be exceeded. .16. The costs payable under any order of a County Court Judge shall, if not otherwise

prescribed under these rules, be in all cases in his discretion, but in fixing the amount regard shall be had, so far as practicable, to the amount of costs which may be awarded in analogous cases in the Equity Jurisdiction of the County Court Judge. All costs which are taxed shall be taxed under the Rules and Schedule of Fees relating to Equity proceedings under the County Courts, Ireland, Orders, and shall be taxed on the higher scale unless the Judge shall otherwise order. Where no fees are thereby provided for any work clone under these rules the fees thereby fixed for analogous work shall be applicable. Petition to the County Court under Section 6. Labourers (Ireland) Acts, 1883 to 1906, and The Rural Districts Labourers Order To the County Court of Division of The Petition of the undersigned Sheweth 1. That the above-mentioned Order authorizes, amongst other things, the compulsory taking of a plot of land described in the Schedule to the said Order as being situated in the Townland of and marked on the map therein referred to as No. on Ordnance Sheet No. County of . 2. That your Petitioner is the * of the said plot of laud. 3. That your Petitioner objects to the aforesaid portion of the Order on the following grounds:— 4. That your Petitioner prays that the aforesaid portion of the Order shall not become law without further inquiry. Signature of Petitioner. \ Full -postal address. Signed in my presence this day of 190 Form No. 2. Order made by County Court on the hearing of a Petition, where the Petition is in respect of the entire Order made by the Inspector. Labourers (Ireland) Acts, 1883 to 1906. The Rural District Labourers Order of the day of County of Division of Petitioner. Rural District Council of Respondents. The Petitioner having presented a Petition to the Court in respect of the said Order, and the Court having heard the matter of the said Petition, and the evidence * Here insert whether " owner," " lessee," or " occupier." SsiCTiinfurp nf \Vifnpss Signature of Wit ess Address Date. SCHEDULE. Form No. \.