Appeal Tribunal Rules.

S.I. No. 26/1934 - Appeal Tribunal Rules. STATUTORY RULES AND ORDERS. 1934. No. 26.LAND ACT, 1933, SECTION 7 (7). APPEAL TRIBUNAL RULES. IRISH LAND COMMISSION. RULES UNDER SECTION 7 of THE LAND ACT, 1933 I, Senator Joseph Connolly, Minister for Lands and Fisheries, by virtue of the powers conferred upon me by Section 7 of the Land Act, 1933 , and of all other powers enabling me in this behalf with the concurrence of the majority of the Committee constituted pursuant to the provisions of the said Section, do hereby make the annexed Appeal Tribunal Rules. Dated this Eighth day of March, 1934. JOSEPH CONNOLLY, Minister for Lands and Fisheries. We hereby concur in the making of the annexed Appeal Tribunal Rules this Eighth day of March, 1934. W. E. WYLIE M. DEEGAN. D. de BRÚN. T. P. McCARTHY. J. J. LYNCH. Members of the Committee. 1 Title. 1. These Rules may be cited as the Appeal Tribunal Rules. 2 Notice of Appeal. 2. Appeals to the Appeal Tribunal shall be by motion on notice. The notice shall state the Order or Declaration complained of, the grounds of the appeal, and the nature of the relief sought upon such appeal. 3 Service of Notice. 3. The notice of motion shall be for the first opportunity and shall be served personally or by registered post on all parties directly affected by the appeal or, where they are represented by solicitors, on their respective solicitors, within twenty-one clear days from the date on which the Order appealed against was made, and within ten days from the date of such service or the last of such services, the appellant shall lodge with the Registrar of the Land Commission a copy of the Notice of Appeal endorsed with the time and mode of service on the interested parties. 4 Listing of Appeal. 4. An appeal to the Appeal Tribunal shall not, except by the consent of the parties, be listed for hearing until after the expiration of ten days from the lodgment of the Notice of Appeal with the Registrar, and the date of such hearing shall be notified by the Registrar through the post to the parties or their solicitors. 5 Power to enlarge or abridge time, or amend grounds of appeal. 5. The Appeal Tribunal shall have power to enlarge the time for appealing, or to amend the notice of motion or the grounds of appeal, or to direct that notice of the appeal be served on any person not a party to the proceedings. By consent, the time for appealing may be abridged, should the Appeal Tribunal think fit. 6 Evidence. 6. Save by leave of the Appeal Tribunal evidence shall not be received on affidavit. When such leave is given the affidavit shall be filed in the Registrar's Office and a copy thereof shall be served on the other parties to the appeal and three copies thereof shall also be lodged in the Registrar's Office. Any party on whom such affidavit has been served shall be entitled to file, serve and lodge in like manner an answering affidavit or to submit to the Tribunal such oral evidence as may be necessary for the purpose of answering such evidence. An application for leave to submit evidence on affidavit may be made ex parte , at any time. 7 Attendance for cross-examination. 7. The Appeal Tribunal may on the application of either party order the attendance, for cross-examination, of any person making any such affidavit as is referred to in the foregoing rule. 8 Withdrawal of appeals. 8. An appeal may be withdrawn on notice to the interested parties, and to the Registrar, upon such terms as to costs as may be agreed upon between the parties, or, in default of agreement, fixed by the Appeal Tribunal. Notice of withdrawal shall be served personally or by registered letter on the interested parties or their respective solicitors and on the Registrar. 9 Resumption of holdings. 9. An application by the Land Commission to the Appeal Tribunal for resumption of a holding shall be by Originating Notice which may be in the form in the Appendix hereto. 10 Serving of Originating Notices. 10. Originating Notices under these rules shall be served in the same manner as Originating Notices for resumption of holdings have heretofore been served. Every application for an order for substituted or other service shall be supported by an affidavit setting forth the grounds upon which the application is made, and whenever any such order shall be made, a copy thereof shall be served along with the notice or other document as the case may be. 11 Listing of the application. 11. The Registrar shall, but not until after the expiration of twenty-one clear days from the date of the service, or of the last of the services, if more than one, of the Originating Application list the Orginating Application for hearing, and shall notify the date of the hearing through the post to the parties or their solicitors. 12 Fees in resumption proceedings. 12. In all proceedings for resumption of holdings under these rules, the Fees specified in the Appendix hereto, shall, as between party and party, be the lawful fees and emoluments for the discharge of the duties therein specified, and in the absence of agreement to the contrary shall be taxed accordingly by a Taxing Master of the High Court. 13 Saving of existing Rules. 13. 14 Interpretation. 14. Interpretation Act, 1923 , (No. 46 of 1923) applies to the interpretation of these rules in like manner as it applies to the interpretation of an Act of the Oireachtas. FORM OF ORIGINATING NOTICE BY THE LAND COMMISSION FOR THE RESUMPTION OF A HOLDING. IRISH LAND COMMISSION. APPEAL TRIBUNAL. ORIGINATING NOTICE BY THE LAND COMMISSION FOR THE RESUMPTION OF * (PART OF) A HOLDING. Holding of A of (address) on the Estate of ................................................ Record Number................ £ s. d. £ s. d. The Land Commission applies to the Appeal Tribunal for an Order authorising the resumption of the *(part of the) above holding *(containing a. r. p. or thereabouts described in the map or tracing accompanying this Notice and thereon edged red and numbered ), and to fix the resumption price thereof *(and to apportion the annual to be paid for the remainder of the holding). * Strike out the words in brackets if the whole holding is to be resumed. Dated this day of Solicitor for the Land Commission. The tenant of the above holding. SCHEDULE OF FEES IN RESUMPTION PROCEEDINGS. FOR ALL PROCEEDINGS BEFORE THE APPEAL TRIBUNAL UP TO AND INCLUDING THE FINAL ORDER OF THE COURT. To the solicitor of the tenant where the rent of the holding stated in the Originating Notice (a) does not exceed £5 (b) exceeds £5 and does not exceed £50 (c) exceeds £50 The above fees shall be exclusive of all proper and necessary outlay. COUNSEL'S FEES. Where the rent of the holding does not exceed £25 Where the rent of the holding exceeds £25 but does not exceed £50 Where the rent of the holding exceeds £50 but does not exceed £100 Where the rent of the holding exceeds £100 FEES FOR PROFESSIONAL VALUERS. Where the rent of the holding does not exceed £50 For making valuation For attendance in Court Where the rent of the holding exceeds £50 For making valuation For attendance in Court In addition to the above fees for Professional Valuers travelling expenses shall be allowed. The Appeal Tribunal may in special cases, authorise the Taxing Master to exercise his discretion in exceeding the above fees and emoluments. Where the application is for the resumption of part of a holding the rent apportioned on the part of the holding to be resumed shall be deemed to be the rent for the purpose of fixing the fees payable. The Appeal Tribunal may allow, and measure the expenses of any witness that they may think necessary, other than a professional witness ; and they may disallow the fees and expenses of any witness, professional or otherwise.