27/07/1923: The Increase Of Rent and Mortgage Interest (Restrictions) Rules, 1923.

(Dated the 27th day of July, 1923.)

WHEREAS section 19 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 , provides that the Rules Committee under that section may make such rules and give such directions as it thinks fit for the purpose of giving effect to the Act and in particular may by those rules or directions provide for any proceding for the purposes of that Act being conducted, so far as desirable, in private and for the remission of any fees and for any question arising under that Act being determined in a summary way on an originating application; and whereas the said section provides further that the Rules Committee for the purposes of the Act shall consist of two County Court Judges, nominated from time to time by the Chief Justice, and one District Justice, nominated from time to time by the Minister for Home Affairs, and one practising barrister of at least seven years' standing, nominated from time to time by the Attorney-General, and the President, for the time being, of the Incorporated Law Society of Ireland; and whereas His Honor Judge Johnston, K.C., and His Honor Judge Pigot, K.C., have been nominated for that purpose by the Chief Justice and George P. Cussen, Esquire, District Justice, has been nominated for that purpose by the Minister for Home Affairs, and J. Creed Meredith, Esquire, K.C., has been nominated for that purpose by the Attorney-General, and Joseph E. MacDermott, Esquire, is the President of the Incorporated Law Society of Ireland.

Now, we, the said five persons so nominated and appointed have made and do hereby certify under our hands the rules and forms hereinafter set forth, and we do further certify that on account of urgency the said rules shall come into operation forthwith as provisional rules and shall continue in force until rules shall have been made in accordance with the provisions of the Rules Publication Act, 1893.

W. J. JOHNSTON.

J. H. PIGOT.

GEORGE P. CUSSEN.

J. CREED MEREDITH.

J. E. MACDERMOTT.

THE INCREASE OF RENT AND MORTGAGE INTEREST (RESTRICTIONS) RULES, 1923.

Made by the Rules Committee by virtue of section nineteen of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 , and dated this 27th day of July, 1923.

1. These Rules may be cited as the Increase of Rent and Mortgage Interest (Restrictions) Rules, 1923, and shall come into operation on the date hereof.

2. Any notices served or proceedings taken under the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (in these Rules referred to as "the Act") before these Rules shall have come into operation shall if the procedure adopted has been in substantial compliance with the procedure prescribed by these Rules have the same validity as notices served or proceedings taken in accordance with these Rules.

3. Non-compliance with these Rules shall not render any proceedings void unless the Court shall so direct; and the Court may grant any extension of time or make any amendments and deal with any proceedings in such manner as the Court shall think fit.

4. These Rules may be amended, supplemented or rescinded in whole or in part by the Rules Committee from time to time.

5. The interpretation Act, 1889, shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of the Oireachtas Saorstát Eireann.

6. These Rules in so far as they affect the county court (which in these Rules includes the Recorder's court of any city) shall be read and construed with the County Court (Ireland) Orders, 1890, and the County Court Orders of subsequent date amending the same.

7. When not otherwise expressly provided by or in connection with these Rules, the existing practice of the County Courts and the District Courts (as the case may be) shall apply to all proceedings under the Act.

8. (1) Any matter in dispute between a landlord and tenant or sub-tenant arising under the Act, whether or not such matter is specifically referred by the Act to the court for determination or decision and any question arising under section nine of the Act between a mortgagor and mortgagee or under section fourteen may, subject to the provisions in these Rules, be brought before the appropriate county or (where jurisdiction is given by section eighteen) District Court on an originating application.

8. (2) An originating application under the Act to the county court or (where the Act authorises such an application) to the District Court shall (subject to the provision in Rule nine) be made:

(a) In the case of an application under section nine of the Act, to the court of the county and division or to the District Court of the Court District in which the mortgaged property is situate or (at the option of the applicant) to the Court of the County and division or to the District Court of the Court District in which the mortgagor resides or carries on business; and

(b) in every other case to the Court of the County and division or to the District Court of the Court District in which the property is situate.

9. An application to the Court under section four, sub-section three, section four, sub-section seven or section seventeen, subsection three of the Act, or any similar class of application, shall be made to the County or District Court in which the decree, order or judgment in question was obtained, or to the District Court of the Court District which was substituted for the petty sessional court where the decree, order, or judgment was made.

10. All originating or other applications under the Act shall be made in the County Court by notice of motion and in the District Court by summons in such one of the Forms in the Appendix as shall be applicable thereto, and six clear days' notice of the application shall be given to the respondent and to any other party whom it may be necessary to serve. The mode of service shall in the case of a notice of motion in the County Court be the same as that prescribed for the service of equity civil bills by the County Courts (Ireland) Orders, 1890, or any amendment thereof, and in the case of an application to the District Court be the same as that prescribed for the service of a summons by the Petty Sessions (Ireland) Act, 1851, or any Act amending the same. A duplicate of the notice of motion shall, three clear days before the first day of the sessions, be filed with the Clerk of the Peace. The issue of a summons shall be in accordance with the procedure in the District Courts, and the original, after service has been effected, shall be handed to and retained by the District Court Clerk.

11. On an application by a Sanitary Authority under section eight, sub-section two of the Act, notice in writing setting out clearly the particulars of the application, including the time and place of the hearing, shall be given by the Sanitary Authority to the tenant and to any sub-tenant in occupation of the dwelling-house three clear days at least before the hearing.

12. Service upon a landlord of any notice of motion or summons in accordance with Rule ten may be effected by serving in the manner prescribed by that Rule his known agent or the person to whom the tenant's rent has been usually paid.

13. The County Court shall have power to direct such substituted or other service or such service out of the jurisdiction of any notice of motion as it shall in the circumstances deem just, and in any case the County Court may upon just grounds declare the service actually effected sufficient.

14. Where on the death of a tenant intestate a member of his family requires the decision of the Court under section one, paragraph (h) of the Act, the Judge or District Justice may at any stage adjourn the hearing and may give such directions as to any particular procedure to be followed, and as to the service of any notice or summons and the attendance of any interested persons as he shall think fit.

15. An application to determine the standard rent under section two, sub-section one, paragraph (b) of the Act may be combined with an application to determine the standard rent under and in accordance with the provisions of section two, sub-section one, paragraph (a) of the Act.

16. An application to determine the standard rent under section two, sub-section one, paragraph (b) of the Act shall be supported with such evidence as may be necessary to enable the Court to form an estimate in accordance with the definition contained in section one, paragraph (a) of the Act.

17. In the case of an application for compensation under section eight, sub-section six of the Act, full particulars of the want of repair of which the tenant complains shall be contained in or endorsed upon the notice or summons. An undertaking by a landlord under paragraph (b) of that sub-section shall specify, with reasonable precision, the repairs undertaken to be executed and shall be signed by the landlord or his known agent.

18. No affidavit in support of any application under the Act shall be used except by leave of the Court; but the Court shall hear oral evidence tendered by either party. The service of a notice of motion in the County Court may be proved by affidavit.

19. The order of the Court on any application under the Act shall be in accordance with one or other of the Forms in the Appendix and shall be signed in duplicate by the Judge and the Clerk of the Peace or the Registrar, or by the District Justice and the District Court Clerk. One shall be retained by the Court and one shall be delivered on request to the applicant. A copy of the order certified by the Clerk of the Peace or the Registrar or by the District Court Clerk shall be issued to any party applying for the same on the payment of a fee of three shillings.

20 In any proceedings under the Act, the Court may, at any stage, order that the case shall thenceforward be heard in private if, on the application of the tenant, it appears to the Court that the hearing may involve the discussion of domestic matters or arrangements which the tenant might reasonably prefer to be discussed in private, or, if on the application of the landlord, it appears to the Court that a hearing in public might prejudice the landlord or his relations with other tenants or if for any other reason it appears desirable to the Court that the case should be heard in private.

21. An appeal from the decision, determination or order of a District Justice under the Act, shall, subject to the proviso in section eighteen, sub-section three of the Act, lie to the Judge of the County Court of the county in which the proceedings were instituted and shall be by way of a re-hearing. Notice of appeal shall be in accordance with the Form in the Appendix and shall be served at any time within four days from the date of the decision, determination or order of the District Court, and shall be served on every person affected by the decision and copies thereof shall be sent by registered post to the District Justice and the District Court Clerk. The notice of appeal shall be lodged with the Clerk of the Peace six clear days before the date of the sessions at which the appeal is to be heard.

22. Proceedings under section fourteen of the Act shall be regulated by the following Rules:—

(1) Deeds of charge on unregistered lands or premises shall be according to the Form in the Appendix or as near thereto as circumstances may admit. Every such deed of charge shall contain the particulars requisite for its due registration in the Registry of Deeds.

(2) Charges on registered lands or premises shall be according to the Form in the Appendix or as near thereto as circumstances may admit.

(3) A special register shall be kept in the Registry of Deeds in which shall be entered particulars of all charges under the Act.

(4) The registration of deeds of charge in the Registry of Deeds shall be effected in accordance with the provisions of the Acts governing the registration of deeds in Ireland and of the Rules thereunder, so far as the same are applicable; and the registration of charges affecting registered lands or premises and all dealings with transfers, releases and cancellation of such charges shall be effected under the provisions of the Local Registration of Title (Ireland) Act, 1891, and the Rules made thereunder, so far as the same are applicable.

(5) Such special register in the Registry of Deeds shall be framed and kept in such a way as to afford the like opportunity for investigation of title to, or for information as to the existence of any deed of charge as is afforded under any existing system of registration of similar instruments or charges.

(6) When any sum of money shall have been raised by way of loan by the landlord of any dwelling-house under the provisions of section fourteen of the Act, the terms of the contract for repairs between the landlord and the contractor for such repairs shall be in writing and shall provide for the payment to the contractor of the monies agreed to be paid by interim payments, as may be agreed on between the parties. If an architect shall have been employed in connection with the work agreed to be done under such contract, no interim payment shall be made to the contractor unless upon the certificate in writing of such architect the same is properly payable. When no architect has been employed, no interim payment shall be made on foot of such contract, except on the production of a certificate by the contractor, in the form of a statutory declaration, to the effect that the monies already paid have been duly expended, and the work has so far been duly carried out in accordance with the terms of the contract. Provided always that the landlord may, with the written assent of the tenant, dispense with the production of either such certificate for the purpose of making such interim payment.

(7) An application for the approval of the Court under section fourteen, sub-section three of the Act shall be by way of originating application in accordance with these Rules.

23. Where it is necessary to issue execution in the County or District Court in respect of any order, decree, or dismiss made by virtue of the Act, the same procedure shall be followed in the County Court as in the case of a decree on an ordinary civil bill and in the District Court as in the case of a decree or order and warrant for distress under the Petty Sessions (Ireland) Act, 1851, and the Manor Courts Abolition Act, 1859, and any statutes amending the same.

24. The Court fees payable in respect of proceedings under the Act and these Rules shall be as follows:—

(a) In the County Court on an application by a mortgagee, to call in and enforce a mortgage, l0s. 0d.On every other originating application, 5s.On any copy order under Rule nineteen, 3s.

(b) In the District Court on an application by a mortgagee to call in and enforce a mortgage, 10s. On every other originating application, 3s., and on every duplicate order under Rule nineteen, 3s.

Provided that the Court may, for any special reason which may seem to the Court sufficient, remit or excuse in whole or in part any fee paid or payable under this Rule.

25 (1) The costs of any application under the Act and these Rules shall be in the absolute discretion of the Court.

(2) The costs allowable of any application under the Act shall in the case of any originating application in the County or District Court be the sum of one pound, exclusive of all outlay properly and necessarily incurred. The Court may allow a reasonable sum for witnesses' expenses. Provided that in any case of special difficulty or importance in either Court, the Court may allow in addition a reasonable special fee.

(3) In the case of originating applications and in the case of an appeal from the District Court to the County Court a fee of one guinea may be allowed to counsel if the court considers that it was reasonably necessary that counsel should be employed. In case of special difficulty a fee not exceeding two guineas may be allowed.

(4) The costs in the case of an appeal from the District Court to the County Court shall be within the absolute discretion of the Judge and shall, subject to sub-rule (3), be such reasonable amount as the Judge may fix.

(5) In any case not provided for by this Rule, the Court shall fix the amount of the costs.

(6) The Court may order that any costs allowed shall be paid by the opposite party or in the case of an application under section nine, proviso II, that they shall be included in the security.

26. The Forms in the Appendix hereto with such modifications as may be necessary shall be used for all applications under the Act; but any other Form which conforms substantially with these Rules and the Act and sets out the requisite particulars may be used.

APPENDIX.

FORM 1.

FORM OF ORIGINATING APPLICATION.

In the County Court of

Division of

In the matter of the Increase of Rent and Mortgage (Restrictions) Act, 1923.

Between

TAKE NOTICE that the above-named A.B. intends to apply to the County Court Judge at Sessions to be held at     the said County on the day of 

  19   pursuant to the provisions of the above-mentioned Act for [an order that

of      , being the     eldest son (or as the case may be) of       who died intestate on the

day of     19  , leaving no widow, may be decided to be the tenant of the dwelling-house situate at

within the meaning of section one, paragraph (h) of the above Act, of which dwelling-house the said deceased was the tenant at the time of his death, the respondent being named as such in this proceeding because (set out the reason, if any) ].

[or an order within section two, sub-section one (b) of the above Act determining that the standard rent of the dwelling-house situate at   in the town of   and the said county of which dwelling-house the applicant is the landlord (or as the case may be) and the respondent is the tenant (or as the case may be) is the sum of £    yearly (or as the case may be)].       [Or an order within section two, sub-section four of the above Act that the aggregate rent of £    (or the rateable value of £     ) paid in respect of (or fixed upon) the premises (set out with particularity the whole premises) be apportioned as between (set out the dwelling-house in question and the rest of the premises) for the purpose of determining the standard rent (or the rateable value) of the dwelling-house as on the        day of      19  .]

[Or an order within section three, sub-section three of the above Act, as regards the dwelling-house situate at       in the town of  and the said county which was let by the applicant to the respondent (or as the case may be) at a rent of £   , which included payments in respect of board, attendance and the use of furniture that the said rent be apportioned for the purposes of the above Act as between the said dwelling-house and the said board, attendance and the use of furniture.]

[Or an order under section four, sub-section three of the above Act on behalf of the applicant who is the tenant (or as the case may be) of a certain dwelling-house situate at     in the town of     and the said county that a certain order or judgment for (here set out the nature of the order or judgment) made by this Court on the   day of    19  , which order or judgment was subject to the condition that (here set out the condition) be discharged and rescinded, such condition having been complied with by (here set out the person who was to carry out the condition)].

[Or an order under section four, sub-section seven of the above Act that an order of judgment at the suit of the respondent herein for the ejectment of the applicant herein from a certain dwelling-house situate at   in the town of  

and the said county, made by this Court on the    day of  19 , was obtained by the respondent herein by misrepresentation and the concealment of material facts, namely (set out particulars of the misrepresentation and the material facts that were concealed) and that the respondent do pay to the applicant such sum as appears sufficient as compensation for the damage and loss sustained by the applicant as a result of the order or judgment, and that execution do issue for such sum].

[Or an order under section five of the above Act giving liberty to the applicant who is the landlord of a certain dwelling-house situate at   in the town of 

and said county of which the respondent is the tenant at a    rent of £    payable tolevy a distress upon the said premises for £  arrears of rent owing by the respondent up to and ending the    day of    192 .].

[Or an order under section eight, sub-section one, paragraph (a) that an increase of rent amounting to £    (set out the amount and particulars of the increase claimed) claimed by the respondent as landlord of a certain dwelling-house situate at     in the town of        and the said county of which the applicant is tenant, such increase being claimed in respect of the expenditure of £    alleged to have been made by the respondent on the improvement (or structural alteration) of the said dwelling-house, should be wholly disallowed on the ground that such expenditure was unnecessary (this form may be modified where the applicant alleges that a portion of the expenditure was unnecessary and that the proposed increase of rent should be reduced)].

[Or an order under section eight, sub-section one, paragraph (c) determining the increase of rent under that paragraph which the respondent, who is the landlord of a certain dwelling-house situate at    in the town of     and the said county, of which the applicant is the tenant, is entitled to claim in view of the fact that the applicant and the respondent are each responsible for part of the repairs, the respondent claiming an increase of     per cent. of the standard rent and the applicant admitting his liability to pay an increase of   per cent.]

[Or an order under section eight, sub-section two of the Act suspending the increase of rent permitted by paragraphs (c) and (d) of sub-section one of section eight of the above Act on the ground that the dwelling-house situate at   in the town of      and the said county, of which the respondent is the landlord and the applicant is the tenant, is not in a reasonable state of repair, and that the condition of the house is not due to the tenant's neglect or default or breach of agreement, and directing that such suspension shall continue until the court is satisfied that the necessary repairs other than the repairs, if any, for which the tenant is liable—have been executed (if the application be made by the sanitary authority, the Form shall be altered accordingly)].

[Or an order under section eight, sub-section six of the above Act declaring that owing to the default of the respondent the dwelling-house situate at        in the town of     and the said county, of which the respondent is landlord and the applicant is tenant is not in a reasonable state of repair, and ordering the respondent to pay to the applicant such compensation not exceeding an amount equal to the annual amount of the standard rent as to the court may seem just, the order awarding compensation being made subject to any condition that the court shall think fit to impose for the purpose of ensuring the due expenditure of such compensation].

[Or an order under section seventeen, sub-section three of the above Act that an order or judgment of this court dated the    day of   , 19  , at the suit of the respondent as landlord for the ejectment of the applicant from the dwelling-house situate at      in the town of       and the said county be rescinded (or varied) such order having been made before the passing of the above Act, but not having been executed, on the ground that that order or judgment would not have been made if this Act had been in force at the time when the order or judgment was made.]

[Or an order that (set out and other matter in respect of which an application to the court is authorised by the Act and these Rules)].

And for an order providing for the costs of this application.

And further take notice that if you do not attend in person or by your Solicitor at the time and place above-mentioned such proceedings will be taken and order made as to the court may seem just.

Dated this  day of     , 19  .

(Signed).

............................................................ .....

Applicant.

[or

............................................................ ....

Solicitor for Applicant.].

To

...................................

Respondent.

FORM 2.

FORM OF APPLICATION AUTHORISING THE CALLING IN OF A MORTGAGE (COURT, TITLE, AND PARTIES, AS IN FORM I).

TAKE notice that the above-named A.B. intends to apply to the County Court Judge at the Sessions to be held at      in the said county on the   day of   ,

19   , pursuant to the provisions of section nine, proviso II of the above Act, for an order authorising him to call in and enforce a mortgage of certain premises

at       that is to say (set out particulars of the premises) held by the respondent on a leasehold interest, which premises were mortgaged to the applicant by [the respondent (or as the case may be)] by indenture of mortgage dated the  

day of      , 19    , the grounds for the application being that the applicant's security is seriously diminishing in value [or if it is alleged that the security is otherwise in jeopardy, set out the particulars] [and for an order that such authorisation to call in and enforce the said mortgage shall not take effect if the respondent within such time as the court directs pay to the applicant such portion of the principal sum secured by the mortgage as appears to the court to correspond to the diminution of the security.]

And for an order providing for the costs of the application.

And further take notice that if you do not attend in person or by your solicitor at the time and place above-mentioned, such proceedings will be taken and order made as to the court may seem just.

FORM 3.

SUMMONS TO APPEAR ON AN APPLICATION TO THE DISTRICT COURT.

Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 .

You are hereby summoned to appear at the           Court

at      on the      day of      , 19    ,

at the hour of        before such Justice as shall be there on the hearing of an application by the applicant the particulars of which are as follows:—

[An application for an order under Section two, Sub-section one, paragraph (b) of the above Act determining that the standard rent of the dwelling-house situate at     in the town of      and the said county of which house the applicant is the landlord (or as the case may be) and the respondent is the tenant (or as the case may be) is the sum of £       yearly (or as the case may be)] [or determining what is the standard rent of the dwelling-house situate at     in the town of      and the said county of which house the applicant is the landlord (or as the case may be) and the respondent is the tenant (or as the case may be)] and the annual amount of the standard rent does not exceed twenty-six pounds [or and the parties have agreed in writing by endorsement hereon that this question shall be dealt with by this Court]

and for an order and warrant providing for the costs of this summons.

And if you do not appear in person, or by your solicitor at the time and place above-mentioned such proceedings will be taken and such order made as to the Court may seem just.

This   day of          , 19   .

NOTE.—Particulars of other applications can be framed on Forms 1 and 2 above and can be modified to suit the requirements; but applications for apportionment under section two, sub-section four, and section three, sub-section three, of the above Act, can not be brought in the District Court.

FORM 4.

FORM OF ORDER ON AN APPLICATION IN THE COUNTY COURT.

(Court, Title, and Parties as in Form I.).

On the application of           and upon hearing         [or and it appearing to the Court that the said       the respondent herein was duly served with the notice of motion] the Court doth order and declare [or determine] pursuant to the above Act—

[That the standard rent of the dwelling-house situate at    ,calculated in accordance with the provisions of Section two, Sub-section one of paragraph (a) of the above Act is the yearly (or as the case may be) rent of £   ](or that the standard rent of the dwelling-house situate at          calculated in accordance with the provisions of Section two, Sub-section one, paragraph (b) is the yearly (or as the case may be) sum of £  ], [or that the aggregate rent of £   ] [(or the rateable value of £    ) paid in respect of (or fixed upon) the premises (set out with particulars the whole of the premises) is hereby apportioned between the dwelling-house thereon and the rest of the premises for the purpose of determining the standard rent (or the rateable value) as on the day of     ,19   , in the following proportions, namely, rent of the dwelling-house £   ; rent of the rest of the premises £  ;(or rateable value of the dwelling-house £    ; rateable value of the rest of the premises £    ] ; or that the rent of £   paid in respect of the dwelling-house situate at      which rent included payments in respect of board, attendance, and the use of furniture is hereby apportioned for the purposes of the above Act in the following proportions, namely, rent of the said dwelling house £   ; payment in respect of the said board, attendance and use of furniture £   ].

[Or by virtue of Section four, Sub-section three that the order or judgment for (set out the nature of the said order or judgment) made by this Court on the   day of  , 19 , which order or judgment was subject to the condition that (set out the condition) is hereby discharged and rescinded, such conditions having been complied with by (set out the name of the person who carried out the condition) ].

[Or by virtue of Section four, Sub-section seven that an order or judgment obtained by the respondent herein for the ejectment of the applicant from the dwelling-house situate at    and made by this court on the    day of     , 19   , was obtained by the respondent by misrepresentation and the concealment of material facts, and that the respondent do pay to the applicant the sum of £  as compensation, which sum appears to the Court to be the loss sustained by the applicant as the result of the order or judgment.

[Or such other order and declaration as may be made by the Court ].

And that the said       do pay to the said       the sum of £    for costs, and £   for witnesses' expenses, [ and the said sum of £     for compensation], making altogether the sum of £  ; and the several Sheriffs in Saorstát Eireann are hereby commanded to take in execution the goods of the said       to satisfy the said sum for costs and expenses [and compensation].

Dated this     day of     , 19  .

(Signed),

(Sheriff's Warrant to be added).

FORM 5.

FORM OF DECREE OR ORDER AND WARRANT OF DISTRESS IN THE DISTRICT COURT.

(Court, Title and Parties as in Form 3.)

On the application of      who applies by summons in the following terms (set out the terms of the summons) and upon hearing.

[Or it appearing to the Court that          was duly served with the said summons   ] the Court doth, pursuant to the above-mentioned Act, order and declare [or determine] as follows:—

(See Forms 1, 2, 3, and 4 from which Forms of Orders or Determinations may be adapted.)

[And the Court doth further order that the said

do pay to the said      the sum of £     for costs and £  for witnesses' expenses (and the sum of £   for compensation) making altogether the sum of £    , and that a warrant for distress to realise the said sum do issue accordingly] .

Warrant for Distress founded on the above Order.

Whereas by the above order         of       [the respondent]       is justly indebted to

of         [the applicant] in the said sum of £    for [compensation], costs, and witnesses' expenses, it is therefore ordered by the Court that the said   [applicant] do recover from the said       [respondent] the said sum of £    and that in default of payment thereof the sum of    pounds   shillings and     pence be levied off the goods of the said

FORM 6.

FORM OF CONSENT TO JURISDICTION.

(To be endorsed on the Summons.)

We            the Applicant and Respondent do hereby consent, as evidenced by our respective signatures hereto, that the claim and the other proceedings under the Act in relation to this originating application shall be dealt with by the District Court.

[And we do further consent that the decision of the District Justice shall be final and conclusive, and that there shall be no appeal therefrom.]

Dated this      day of    , 19   .

Witness           (Signed),

............................................... District Court Clerk (or other witness).

FORM 7.

FORM OF DEED OF CHARGE ON REGISTERED LAND.

Land Registry of Ireland.

Registered Owner.

I, the above-named registered owner, in consideration of the sum of     pounds advanced to me by     of      (hereinafter called the lender) do hereby in exercise of the powers conferred by the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 , charge in favour of the lender the lands comprised in the above-mentioned Folio with the principal sum of    pounds repayable as by the terms of the covenant hereinafter contained, with interest on any part of the said sum of   pounds for the time being not repaid to the lender, at the rate of (six) pounds per cent. per annum on every    day of      and      day of   .And

I hereby assent to the registration of the charge hereby created as a burden affecting the said lands. And I hereby covenant for the repayment of the said sum of   pounds by    equal payments the same to be made on every     day of     and   day of   in every successive year until the whole shall have been repaid.And I hereby further covenant for the payment of interest on the said sum of    pounds, or on any balance thereof remaining from time to time unpaid at the rate aforesaid.And I hereby further covenant that the said sum of £    will be duly and properly expended in or about the repairing of the said dwelling-house and premises.

Dated this   day of    ,19    .

(NOTE.—The loan may he repaid by yearly, half-yearly or quarterly payments, not extending over six years. The rate of interest must not exceed 6½ per cent.)

FORM 8.

FORM OF DEED OF CHARGE ON UN-REGISTERED LAND.

THIS INDENTURE made the    day of    , 19    , between       of      in the Co. of    hereinafter called the Owner of the one part and     of      in the Co. of      hereinafter called the Lender of the other part.

Whereas the Owner is possessed of or entitled to the dwelling-houseand premises (or, the several dwellinghouses and premises) known as     for an estate or interest as      and is now in receipt of the rents and profits thereof under a subsisting tenancy And Whereas the Lender has advanced to the Owner the sum of     pounds to be repaid in manner prescribed the covenant hereinafter contained and to be secured by the charge created with interest thereon at the rate of      pounds per cent. per annum. NOW This Indenture Witnesseth that in consideration of the advance of the said sum of  by the Lender (the receipt whereof the Owner doth hereby acknowledge) and in exercise of the powers conferred by the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 , the Owner doth hereby as Beneficial Owner covenant with the Lender that all the Estate and interest of which the Owner is now possessed or to which he now is or may hereafter be entitled in the said dwelling-house known as  in the     shall be and remain a security for and stand charged with the repayment to the Lender his executors administrators and assigns of the sum of   pounds or of so much as shall from time to time thereof remain unpaid together with interest upon so much of the said sum as shall remain unpaid at the rate  of pounds per cent. per annum payable upon the dates in the covenant hereafter appearing And the Owner doth hereby covenant with the Lender for the due repayment of the said sum of    pounds by equal payments on every   day of    and     day of   in each year during the continuance of this security and for the payment of interest upon so much of the said sum as shall remain from time to time on the security hereby created on the date above-mentioned at the rate of    pounds per cent. per annum the first of such payments of principal and interest respectively to be made on the day of   next And the Owner doth hereby further covenant with the Lender that the said sum of    pounds so advanced on the security hereby created will be duly and properly expended in or about the repairing of the said dwellinghouse and premises In Witness whereof the parties to these presents have hereunto subscribed their hands and affixed their seals the day and date above written.

(1) Signed, sealed and delivered by the said A.B. in the presence of

(2) Signed, sealed and delivered by the said C.D., in the presence of

(NOTE.—The loan may be repaid yearly, half-yearly, or quarterly payments not extending over six years. The rate of interest must not exceed 6½ per cent.)

FORM 9.

FORM OF APPEAL TO THE COUNTY COURT.

(Court, Title and Parties as in Form 3.)

Take notice that             the respondent herein (or as the case may be) feeling aggrieved by the determination of the Court on this application hereby appeals from the order of the District Justice dated the    day of    , 19   , to the County Court Judge sitting at   for the   

division of this county on the     day of     , 19     ,

and that on such appeal the said respondent will contend that the said order should be reversed and that the applicant's notice of motion should be dismissed with costs of the originating application and of this appeal to be paid by the applicant to the respondent [or that the said order should be varied in the following way (set out particulars of the variation required) and that the applicant should be ordered to pay the respondent's costs (of the originating application and) of this appeal.]

Dated this     day of      , 19    .

To

..........................................

The Applicant.

FORM 10.

FORM OF ORDER ON APPEAL TO COUNTY COURT.

(Court, Title and Parties as in Form 1.)

This matter coming before the Court on the hearing of an appeal by    against an order [or determination] of the District Justice sitting at  on the day of     , 19   , as follows (set out the order) and the Court having heard the evidence of the Respondent and the Applicant [and their respective witnesses] and what was alleged by    the Solicitor for the said Respondent and by     the Solicitor for the said Applicant doth, pursuant to the provisions of the above Act, order [and determine] as follows (set out the order made on the appeal).

And the Court doth further order that the said       do pay to the said     the sum of £    as the costs of the appeal and the sum of £    for witnesses' expenses [and the sum of £    for costs and witnesses' expenses awarded to the said     by order of the District Justice] the whole making altogether the sum of £     And the several Sheriffs in Saorstát Eireann are commanded to take in execution of the goods of the said    to satisfy the said sum.

Dated the    day of     , 19   .

__________

NOTE.—This appeal, being a re-hearing, must contain in itself the whole order made by the County Court.

(Sheriff's Warrant to be added).