28/11/1933: The Housing (Miscellaneous Provisions) Act, 1931, Rules 1933.

SAORSTÁT EIREANN.

THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931, RULES 1933.

I, PÁDRAIG RUITHLÉIS, Minister for Justice, in virtue of the powers conferred upon me by Section 66 of the Courts of Justice Act, 1924 , and of all other powers enabling me in this behalf, with the concurrence duly obtained of the Minister for Finance and of a majority of the Committee constituted pursuant to the provisions of Section 65 of the said Act do hereby make the annexed Rules of Court, to wit, the Housing (Miscellaneous Provisions) Act, 1931 , Rules 1933.

Dated this 28th day of November, 1933.

(Signed)

PÁDRAIG RUITHLÉIS,

Aire Dli agus Cirt.

These Rules were laid on the Table of the Dáil on the 31st January, 1934, and the following Resolution was passed by the Dáil on the same date:—

" That the Dáil approves of the Housing (Miscellaneous Provisions) Act, 1931 , Rules 1933, which were laid on the Table of the Dáil on the 31st day of January, 1934, and resolves that it is expedient that the said Rules shall come into operation on the 1st day of March, 1934."

These Rules were laid on the Table of An Seanad on the 17th January, 1934, and the following Resolution was passed by the Seanad on the 18th January, 1934:—

" That Seanad Eireann hereby approves the Mousing (Miscellaneous Provisions) Act, 1931, Rules 1933, which were laid on the Table of the Seanad on the 17th day of January, 1934, and resolves that it is expedient that the said Rules shall come into operation on the 1st day of March, 1934."

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 , RULES, 1933.

A.—Appeals to the Circuit Court.

1.—(1) An Appeal to the Circuit Court under Section 27 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), shall be commenced by the issue of a Civil Bill and shall be called an action.

(2) The Appellant shall be the plaintiff and the local authority shall be the defendant.

2.—(1) The Judge may inspect the premises to which the action relates in any case in which he thinks that such inspection is desirable.

(2) The expenses of the inspection shall be paid in the first instance by the party on whose application it is made, or if inspection is made without an application, by the plaintiff.

(3) The Court shall have power to direct by whom the expenses shall be ultimately borne and in default of any such direction they shall be costs in the action.

3.—In default of any particular direction the costs of the action shall be taxed upon the scale prescribed for claims between £10 and £25 in Part II of the Third Schedule to the Circuit Court Rules.

4.—The Circuit Court Rules for the time being in force shall apply so far as they are applicable and are not inconsistent with the provisions of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931) or of these Rules.

B.—Applications to the Circuit Court for Determination of a Lease.

1.—(1) An application to the Circuit Court for an Order determining a lease under Section 35 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931) shall be commenced by the issue of a Civil Bill and shall be called an Action.

(2) The applicant shall be the plaintiff and the other party to the lease shall be the defendant.

2.—Where the applicant is the lessee of any premises he shall join as plaintiff any person to whom he sublets, or has mortgaged, the premises, and who consents in writing to be so joined, and as defendant any person to whom he sublets, or has mortgaged, the premises and who does not so consent.

3.—All persons interested whose presence is necessary to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the Action shall be brought before the Court. The Court may adjourn the hearing to enable any such persons to be brought before the Court by notice or otherwise.

4.—In default of any particular direction the costs of the Action shall be taxed upon the scale prescribed for claims between £10 and £25 in Part II of the Third Schedule to the Circuit Court Rules.

5.—The Circuit Court Rules for the time being in force shall apply so far as they are applicable and are not inconsistent with the provisions of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931) or of these Rules.

These Rules may be cited as the Housing (Miscellaneous Provisions) Act, 1931 , Rules 1933.