S.I. No. 214/1949 - Forestry Act, 1946 (Appeal Tribunal) Regulations, 1949.

S.I. No. 214 of 1949.

FORESTRY ACT, 1946 (APPEAL TRIBUNAL) REGULATIONS, 1949.

Regulations under Subsections (1) and (3) of Section 5 of the Forestry Act, 1946 , relating to the practice and procedure of the Appeal Tribunal.

I, JOSEPH BLOWICK, Minister for Lands, by virtue of the powers conferred upon me by Section 5 of the Forestry Act, 1946 , and of all other powers enabling me in this behalf, with the concurrence of a majority of the Committee constituted pursuant to Subsection (3) of the said Section 5 (applying Subsection (7) of Section 7 of the Land Act, 1933 ) do hereby make the annexed Forestry Act, 1946 (Appeal Tribunal) Regulations of 1949.

Dated this 6th day of August, 1949.

JOSEPH BLOWICK,

Minister for Lands.

Seal of the Minister for Lands :

We hereby concur in the making of the annexed Forestry Act, 1946 (Appeal Tribunal) Regulations of 1949.

Martin C. Maguire.

D. de Brún.

W. F. Nally.

T. P. McCarthy.

P. R. Boyd.

Members of the Committee.

(1) These Regulations may be cited as the Forestry Act, 1946 , (Appeal Tribunal) Regulations of 1949.

(2) In these Regulations " The Act " means the Forestry Act, 1946 (No. 13 of 1946).

(3) The provisions (save in so far as any part of the same are at variance or inconsisent with The Act) contained in any existing Rules regulating and prescribing the practice and procedure of the Appeal Tribunal shall apply and have effect as if those Rules (in so far as any part of them is applicable) were set out in these Regulations subject to and in conformity with the respective and relevant provisions of The Act.

(4) Every application to the Appeal Tribunal for the issue of an Order to levy the amount of the costs and/or expenses, or of any part thereof, awarded under section 16 of the act (together with the costs of obtaining such Order) shall be made ex parte, and shall be grounded on a certificate of taxation of a Taxing Master of the High Court or on a certified copy of the Order of the Appeal Tribunal awarding costs and/or expenses as measured by them, together with a certificate signed by the Applicant or his Solicitor that such costs and/or expenses or part thereof remain unpaid and every Order to levy made under this Section shall be in the Form No. 1.

A sum of £1 1s. 0d. may be added to such costs and/or expenses for the costs of and incident to the issue of the Order to the County Registrar, Under-Sheriff, Sheriff or other officer charged by law with the Execution of Execution Orders.

FORM I.

ORDER TO COUNTY REGISTRAR, UNDER-SHERIFF OR SHERIFF TO LEVY COSTS.

FORESTRY ACT, 1946 —SECTION 16.

It is ordered by the Appeal Tribunal pursuant to Section 16 of the Forestry Act, 1946 , that the County Registrar (Under-Sheriff or Sheriff) of the County    do of the goods and chattels of    in his Bailiwick cause to be made the sum of      which was adjudged to be paid by the said     to       by Order of the Appeal Tribunal bearing date the    day of      for costs and/ or expenses in the said Order mentioned and of which the sum of    now remains unpaid, together with the further sum of £1 1s. 0d., being the costs of obtaining this Order to Levy, making in all the sum of     and that the said County Registrar (Under-Sheriff or Sheriff) do cause the said money to be paid to the said    in pursuance of the said Order and that he do make a return to the Appeal Tribunal of the manner in which he shall have executed this Order immediately after the execution thereof.

Dated this     day of        19  .

(Signed) ..............................