| |
Part VI.
Court and Land Commission.
|
| |
Description of Court and Proceedings.
|
|
|
Court to mean civil bill court.
|
37. (1.) The expression “The Court” as used in this Act shall mean the civil bill court of the county where the matter requiring the cognizance of the court arises.
|
|
| |
(2.) Where a matter requiring the cognizance of the court arises in respect of a holding situate within the jurisdiction of more than one civil bill court, any civil bill court within the jurisdiction of which any part of the holding is situate may take cognizance of the matter.
|
|
| |
(3.) Any proceedings which might be instituted before the civil bill court may, at the election of the person taking such proceedings, be instituted before the land commission, and thereupon the land commission shall, as respects such proceedings, be deemed to be the court.
|
|
| |
(4.) Where proceedings have been commenced in the civil bill court any party thereto may, within the prescribed period, apply to the land commission to transfer such proceedings from the civil bill court to the land commission; and thereupon the land commission may order the same to be transferred accordingly.
|
|
| |
(5.) The court shall have jurisdiction in respect of all disputes between landlords and tenants arising under this Act.
|
|
| |
(6.) In determining any question relating to a holding, the court may direct an independent valuer to report to the court his opinion on any matter the court may desire to refer to such valuer, such report to be accompanied with a statement, if so directed, of all such facts and circumstances as may be required for the purpose of enabling the court to form a judgment as to the subject-matter of such report. The court may or may not, as it thinks fit, adopt the report of such valuer, and it may make such order with respect to the costs incurred in respect of such report as it thinks just.
|
