The Gazette 1915-16

The Gazette of the Incorporated Law Society of Ireland.

[APRIL, 1916

82

Power to impose Conditions. 11. On an application for an order under the second proviso to subsection 4 of section 1 of the Act, the court may, after considering all the circumstances of the case and the position of all the parties, make or refuse to make the order subject to such conditions as the court may think fit. Certificates or Orders on Applications. 12.—When the court has given its decision on any application, a certificate of the determination of the court, or an order of the court (as the case may be) shall be signed by the judge and the Clerk of the Peace, and shall be issued' to the party applying for the same; and in such certificate or order the judge shall give such directions as to the service of the certificate or order on any other party and as to the mode of service as he shall consider necessary. Revocation or Variation of Orders. 13.—Any determination or order made under the Act and these Rules may, should subsequent circumstances render it just so to do, be suspended, discharged, or otherwise varied by the court in which the determination or order was rhade, on application made on notice in writing in accordance with the County .Court (Ireland) Orders, 1890, as amended by these Rules. General Provisions as to Procedure on Applications. 14.—Subject to the provisions of the Act and these Rules the practice and pro cedure of the court in a civil bill, and in particular the practice and procedure with respect to subpoenas for witnesses, shall, with the necessary modifications, apply to proceedings on an application under the Act. 15.—(1) The following fees shall be pay able in the County Courts, on applications under the Act and these Rules, viz. :— s. d. On an application for the determina tion of a question as to the increase of rent of a dwelling house—

application shall be dismissed or struck out, as the Judge in his discretion shall think fit. 4.—An application under the Act shall be made by notice of motion according to the form in the Appendix, entitled " In the Matter of the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915," and setting out the full names and addresses of the appli cant and the respondent. 5.—Duplicate copies of the notice shall be filed with the Clerk of the Peace three clear days before the return day, and each applica tion shall be entered by him in the Equity Civil Bill book as if it were an equity civil bill. Service and Substituted Service. 6.—(1) The notice shall be served on every person affected thereby six clear days at least before the first day of the Sessions at which the same is to be heard, unless the judge at any time gives leave for shorter service. (2)—Service shall be effected in the manner prescribed for the service of equity civil bill by the County Courts (Ireland) Orders, 1890, or any amendment thereof; and the judge may make such order for substitution of service or deeming service already had to be good service as he shall think just. Evidence in Support of Application, 7. No affidavit in support of the applica tion shall be used, except by leave of the court, but the court shall hear oral evidence tendered by either party. Power to hear Cases in Private. 8. The court may at any stage of the proceedings on an application under the Act order that the case shall thenceforward be heard in private. [There is no rule numbered 9.] Determination of Questions submitted. 10. On the hearing of the application, or at any adjournment thereof, the court, on proof of the service of the notice, if the respondent does not appear, shall make such order determination or order in the matter as the court shall think fit.

6d. in the £ or part of a £, calculated on 4 weeks' standard