HL Deb 10 August 1896 vol 44 cc331-2

Rules under Section 50 of the Land Law (Ireland) Act, 1881, may provide that, subject to the qualifications (if any) contained in those rules, every notice of appeal under the Land Law Acts shall state the grounds of appeal, and on the hearing of the appeal no grounds of appeal shall, save by leave of the court, he entered into except those so stated. For the purpose of this section, "appeal" includes "rehearing."


moved to leave out the words, "for the purpose of this section 'appeal' includes 'rehearing.'" Under the clause as it stood the appellant was bound to state the grounds of appeal, and on the hearing of the appeal to confine himself to the grounds stated. This provision was calculated to increase costs by compelling the appellant to get his appeal stated by counsel. The effect of his Amendment would be to enable the appellant to bring up other points, particularly points of law.


said his noble Friend was labouring under an erroneous impression as to the effect of the clause. The word "appeal" by itself was too narrow, and it was desirable to deal with all forms of re-hearings and appeals to the Land Commission. His noble Friend seemed to be under the impression that additional cost would be incurred by the appellant being compelled to state the heads of his appeal. But that was done now, and there was no reason to anticipate any addition to the cost.

Amendment by leave withdrawn.

Clause 28,—