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Appeals under Land Law Acts.
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88.—(1) Any person aggrieved by any order made, under the Land Law Acts, by one Commissioner, not being a Judicial Commissioner, or by a sub-commission, may apply for a re-hearing to the Land Commission, and that Commission may confirm, modify or reverse such order.
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(2) All appeals under section forty-seven of the Act of 1881 or re-hearings under this section, and all re-hearings in pursuance of requisitions under section forty-four of the Act of 1881, shall be heard and determined by one Judicial Commissioner, with the assistance of one specially qualified lay assessor, who shall hear the evidence and, on the application of either of the parties, inspect the holding and report thereon to the Judicial Commissioner in the prescribed manner.
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(3) On the hearing of any appeal or on any re-hearing, notice of which is lodged after the commencement of this Act, evidence which could have been, but was not, produced in the court below shall be admitted on special grounds only and not without special leave of the Judicial Commissioner who hears the appeal or re-hearing.
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(4) In the case of any appeal or re-hearing, where an issue of fact is raised which was raised before the court below, and the Judicial Commissioner who hears the appeal or re-hearing is satisfied that the appellant did not produce before that court material evidence on that issue, which was in his possession or within his procurement, he may order the appellant to pay the whole, or such portion as he may think fit, of the costs of the appeal or re-hearing.
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(5) Rules under section fifty of the Act of 1881 may be made by the Judicial Commissioners, with the approval of the Lord Chancellor, with respect to the proceedings under this section in appeals and re-hearings, and those rules shall, among other things, provide for an ad valorem scale of fees to be paid on notices of appeal or re-hearing.
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