No. 23/1926:

THE RAILWAY TRIBUNAL RULES, 1926.

THE RAILWAY TRIBUNAL RULES, 1926.

INDEX TO RULES

STATUTORY RULES AND ORDERS.

1926. No. 23.

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THE RAILWAY TRIBUNAL RULES, 1926.

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The Railway Tribunal Rules, 1926, dated 28th day of April, 1926, made by the Railway Tribunal with the approval of the Minister for Industry and Commerce and the Chief Justice under Section 19 of the Railways Act, 1924 .

WE the Railway Tribunal with the approval of the Minister for Industry and Commerce and the Chief Justice, DO by virtue of the Railways Act, 1924 , and all other powers enabling us in this behalf HEREBY MAKE the following Rules :—

INTERPRETATION.

1.—These Rules may be cited as the Railway Tribunal Rules, 1926, and shall come into force on the 17th day of May, 1926. They shall apply to all proceedings in the Court of the Railway Tribunal, including all proceedings pending on that day.

2.—In the construction of these Rules and Forms the words " the Court " shall mean the Court of the Railway Tribunal established in Saorstát Eireann under the Railways Act, 1924 . The words " the Registrar " shall mean the Registrar of the Court, the words " the Minister " shall mean the Minister for Industry and Commerce. Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number. The word " person " shall include a firm, association, authority or body corporate. The following terms shall (if not inconsistent with the context or subject-matter) have the respective meanings hereinafter assigned to them, that is to say—

" Application " shall include any complaint or representation or submission or reference which may be made to the Court. " Applicant " shall include any person making any application to the Court. " Respondent " shall mean any person against whom the application is made or any persons who may appear in opposition to such application or who may be added as respondents to an application. " Writing " shall include typewriting, printing, lithography or script mechanically produced; and the terms defined by the Railway and Canal Traffic Acts, 1873 and 1888, and the Railways Act, 1924 , shall (subject to such modifications thereof which have been or shall be enacted by the Oireachtas) unless there be something repugnant thereto in the context have in these Rules the same meanings that are assigned to them by these Acts.

Any reference in these Rules to a British Statute (as defined by the Interpretation Act, 1923 ) and to the Railways Act, 1924 , shall be deemed to include a reference to any statutory modification thereof which has been or shall be enacted by the Oireachtas.

DEPARTMENT OF STATE.

3.—In any case in which the application seeks for any remedy against any Department of State the Court may by Order direct that the Attorney-General shall be a respondent.

APPLICATION OF PRINCIPLES OF PRACTICE IN HIGH COURT.

4.—The general principles of practice in the High Court may be adopted or applied at the discretion of the Court to any proceedings not expressly provided for herein.

APPLICATION TO THE COURT.

5.—Every proceeding before the Court except where otherwise herein provided, shall be commenced by an application lodged with the Registrar, which shall be in writing and signed by the applicant or his solicitor, or in the case of a company or any of the authorities mentioned in Section 7 of the Railway and Canal Traffic Act, 1888, or in Section 65 of the Railways Act, 1924 , being applicants the application shall be signed by their Chairman, Manager, Secretary or Solicitor. It shall contain a clear and concise statement of the facts, the grounds of the application and the relief or remedy to which the applicant claims to be entitled. It shall be divided into paragraphs numbered consecutively. It shall be indorsed with the name and address of the applicant, and if there be a solicitor acting for him in the matter, with the name and address of such solicitor. The application except where otherwise herein provided shall be according to Form No. 1 in the First Schedule hereto, or to the like effect.

Two or more persons may join in an application in which case all subsequent proceedings shall be in their joint names and they shall not be entitled to sever in respect of any such proceedings. Where there is more than one applicant they shall nominate in the application some person being either one of the applicants or a solicitor or some person in the regular employment of one of the applicants, as the person on whom any summons or notice may be served as representing all the applicants.

6.—(1) Every application by the Amalgamated Company under any of the following provisions of the Railways Act, 1924 , that is to say :—Section 33, relating to the modification of standard charges (including passenger fares) or the conditions relative thereto; Section 43, relating to the alteration of terms and conditions for the carriage of merchandise; Section 47, sub-section (3), relating to questions whether goods are dangerous goods, or under Section 50, shall be in the Form No. 4 in the First Schedule hereto, and it shall not be necessary in the first instance to name any person as respondent, but in the application under the said sections or sub-section the applicant shall include a request for directions as to the person on whom the application is to be served or to whom notice is to be given of such application, and the applicant shall attend before the Registrar on a day to be appointed by him when the Registrar shall give directions as to the person to be served with copies of such application, or to whom notice of such application is to be given, and as to whether any, and, if so, what, public notice by advertisement or otherwise shall be given thereof, and the applicant shall serve copies of the application accordingly and give such notices as may be directed by the Registrar or the Court. In the case of notices to be given to any person entitled to object to the application the Registrar or the Court may by order limit the time within which notice of objection is to be given, but the time so limited may subsequently be extended. All notices under this Rule directed by the Registrar or the Court to be given shall be given by and at the cost of the applicant.

(2) Any person on whom it is so directed that a copy of the application is to be served shall be deemed to be a respondent to the application and a party to all proceedings thereon and his name shall be inserted as such respondent in all subsequent proceedings, and he shall put in an answer to the application as prescribed by these Rules.

(3) The copy of the application to be served as above-mentioned shall be indorsed as provided by Rule 36 hereof and shall be accompanied by a notice in accordance with Form No. 5 in the First Schedule hereto. The notices to be given of an application as above provided shall be in accordance with Form No. 6 in the First Schedule hereto.

(4) After the expiration of the period limited within which notice of objection is to be given, if notice of objection shall have been given by only one person, such person shall be deemed to be respondent to the application and a party to all proceedings thereon, and his name shall be inserted in all subsequent proceedings; but if notice of objection shall have been given by more than one person the applicant shall apply by summons for a direction as to whether all or some or one and, if so, which, of the objectors shall be added as respondents or a respondent, and whether any and, if so, which of the respondents is to be appointed under Rule 33 hereof as a representative respondent or representative respondents and such summons shall be served on all the objectors. Upon the return of such summons the Registrar shall make such order thereon as may seem proper.

7.—In the case of a reference by the Minister to the Court under Section 37 of the Railways Act, 1924 , relating to review of competitive exceptional rates, the body of persons who have made representations to the Minister as the result whereof the reference is made shall be deemed to be the applicant and shall proceed accordingly.

8.—In matters arising under the following Sections of the Railways Act, 1924 , that is to say :—Section 26, relating to the classification of merchandise; Section 28 relating to the Schedules of Standard Charges for the Amalgamated Company; Sub-provisions (i) (iii) and (iv) of the proviso to Section 31 relating to the charges (including passenger fares) of non-amalgamated companies; Section 41 relating to the settlement of the terms and conditions on which merchandise will be carried; Section 44, sub-section (1) relating to owner's risk rates; Section 45 relating to minimum charges, and Section 54 relating to the periodical review of standard charges, every application shall in the first instance be brought before the Court ex parte, and the Court or the Registrar shall give directions as to the manner and time of hearing and what public notice by advertisement or otherwise is to be given in relation to such hearing and may prescribe in such directions and notice the time within which and the manner in which any person desirous of attending and being heard shall intimate such desire and may direct that a person failing to give such intimation shall not be entitled to be heard. All notices under this Rule required by the Court or the Registrar to be given shall be given by and at the cost of the applicant

9.—In the case of any reference to the Court by the Minister under Section 35, sub-section (2) or Section 39, sub-section (2) of the Railways Act, 1924 , relating respectively to new exceptional rates or fares which, in the opinion of the Minister, the Amalgamated Company is granting or has granted in such manner as to affect prejudicially a class of users of the railway or so as to jeopardise the realisation of the Standard Revenue of such company; the Court shall cause public notice to be given of the date when such reference will be heard, stating that any party interested who shall give notice, not less than four days before the date so fixed, of his intention to appear will be entitled to be heard, and on the day so fixed or on any other day to which the hearing may be adjourned such person as the Minister shall appoint shall appear as applicant and bring the matter before the Court and the Amalgamated Company shall appear as respondent and any other person interested who shall have given notice of intention to appear as aforesaid shall be entitled to be heard.

10.—Every application under Section 58, sub-section (1), of the Railways Act, 1924 , shall be for an Order to require any railway company or companies to afford such reasonable railway services, facilities and conveniences as therein specified.

11.—Every application under Section 30, sub-section (5), of the Railways Act, 1924 , shall be for the Court to hear and determine the dispute therein mentioned. The parties may concur in stating such dispute in the form of a joint application without further pleadings.

12,—(1) If the Amalgamated Company proposes to increase or cancel an exceptional rate which has been fixed by the Court, it shall apply for the sanction of the Court by an application in accordance with Form No. 4 in the First Schedule hereto, and shall obtain from the Registrar directions as to the manner and time of giving notice by advertisement, public notice, or otherwise of such application, and as to whether express notice thereof is to be given to any particular persons. Any notice to be given shall specify the rate and, in the case of a proposed increase, the amount of the increase and state that any trader interested in the exceptional rate proposed to be cancelled or increased may apply to the Registrar to be added as a respondent to the application, and any trader applying accordingly within seven days of the publication of such notice or such extended time as the Court or the Registrar may allow shall be entitled to be so added.

(2) Before the Amalgamated Company under Section 36, subsections (3) and (4), of the Railways Act, 1924 , increases or cancels any exceptional rate which has not been fixed by the Court, such company shall give not less than 30 days' notice by an advertisement in such newspaper or newspapers as may be directed by the Registrar and by posting the same in large type for not less than 30 days, in a prominent position in each railway station of the Company in the town or place from or to which such rate operates, provided, however, that in any case where an exceptional rate is not in general use by a large number of traders the Registrar may direct that in lieu of such advertisements the Company shall give notice in writing to all traders who to the best of their knowledge are accustomed to take the benefit of such exceptional rate, and such notice shall be sent by prepaid registered post to the usual place of address of the said traders.

(3) Any such notice as aforesaid shall specify the rate which the Company propose to cancel or increase, and in the case of an increase of rate, the extent of such proposed increase, and shall state that any trader interested in the rates proposed to be cancelled or increased may, before the expiration of the said 30 days, make application to the Court objecting to the proposed cancellation or increase, and any application so made shall be deemed to be an application to which the foregoing Rules relative to an application to the Court apply.

(4) Any application under Section 36, sub-section (6) by a trader or representative body of traders to cancel or vary an exceptional rate shall name the Amalgamated Company as respondent, and the applicant shall obtain from the Registrar directions as to the giving notice of such application in the manner prescribed in regard to an application by the Amalgamated Company for the cancellation or increase of a rate fixed by the Court, and any trader interested in the exceptional rate proposed to be cancelled or varied may apply to the Registrar to be added as a respondent to the application and be entitled to be so added as provided in paragraph 1 of this Rule.

(5) Provided always that the Court may by order prescribe that in lieu of the notices required by Section 36 of the Railways Act, 1924 , being given in the manner hereinbefore set out, the said notices shall be given in such other manner as may be directed by such order.

13.—Every application under Section 61, sub-sections (1) and (2) of the Railways Act, 1924 , shall be for an order authorising or requiring the Amalgamated Company to vary or rescind an agreement or arrangement therein specified or to enter into agreements for any of the purposes mentioned in the said Section 61, sub-section (1). Full particulars of the proposed agreements or copies of the specified agreement or arrangement should accompany the application.

14.—In any case where, in pursuance of Section 19, sub-section (3) of the Railways Act, 1924 , the Minister places at the disposal of the Court information in his possession which he may think relevant to the matter before the Court, he shall submit the same in writing and the Registrar shall give notice to the parties who shall be entitled to inspect and take copies thereof.

15.—Every application made to the Court under Section 6 of the Regulation of Railways Act, 1873, or Section 9 of the Railway and Canal Traffic Act, 1888, or Section 58, sub-section (5) of the Railways Act, 1924 , or Section 69, sub-section (5) of the Railways Act, 1924 , shall be for an order enjoining the Company complained of to do or to desist from doing the acts therein specified.

16.—Every application made to the Court under Section 8 of the Regulation of Railways Act, 1873, shall be for an order determining the difference referred to the Court (with its consent) in lieu of being referred to arbitration, such consent to be signified by sealing the indorsement on such application, which indorsement shall be according to Form No. 3 in the First Schedule hereto. The applicant shall state whether or not it is a case in which any arbitrator has in any general or special Act been designated by his name or by the name of his office or in which a standing arbitrator has been appointed under any general or special Act.

17.—Every application made to the Court under Section 9 of the Regulation of Railway Act, 1873, shall be signed by all the parties to the difference or their solicitors and shall be for an order determining the difference referred to the Court (with its consent). The consent of the Court shall be signified as in Rule 16 of these Rules.

18.—Every application made to the Court under Section 10, sub-section (1) of the Regulation of Railways Act, 1873, shall be for the approval by the Court of any working agreements between the railway companies whereof they desire to have the approval of the Court or shall be for the exercise of any other powers (to be specified in the said application) transferred by the said sub-section and by Section 23, sub-section (1) of the Railways Act, 1924 , to the Court with respect to the approval of working agreements. The public notice required to be given by the railway companies shall be according to Form No. 7 in the First Schedule hereto and the directions of the Court prescribing the steps to be taken to obtain the approval of the Court to working agreements are set out in the Fourth Schedule.

19.—Every application made to the Court under Section 25, sub-section (4), of the Railway and Canal Traffic Act, 1888, shall be for an Order allowing the through rate or route, or through rate and route proposed by the applicant and objected to by the forwarding company or companies.

20.—Every application made to the Court under Section 25, sub-sections (6) and (7), of the Railway and Canal Traffic Act, 1888, shall be for an Order allowing or determining (as the case may be) the apportionment of the through rate objected to by the forwarding company or companies.

21.—Every application made to the Court under Section 14 of the Regulation of Railways Act, 1873 (as amended by the Railways Act, 1924 ) and under Section 28 of the Railway and Canal Traffic Act, 1888, may be by summons and shall be for an order upon the company against whom the application is made to keep at the stations, wharves or ports named in such summons a book or books of rates and distances and other particulars required by those sections or either of them or for an order allowing inspection of such books or for an order to distinguish in the book or books in such summons mentioned how much of the rate in respect whereof the application is made is for the conveyance of the particular description of traffic therein named on the railway or canal in question, including therein tolls for the use of the railway or canal, for use of carriages or vessels, or for locomotive or other tractive power, and how much is for other expenses specifying the nature and detail of such other expenses. The applicant in such last-mentioned case shall file an affidavit at the time of taking out such summons stating that he is interested in the matter and showing how he is interested therein.

22.—Every application made to the Court under Section 15 of the Regulation of Railways Act, 1873 (as amended by the Railways Act, 1924 ) or under Section 37 of the Railway and Canal Traffic Act, 1888, shall be for the Court to hear and determine the question or dispute therein mentioned with respect to the terminal charges of the company against whom the application is made and to decide what is a reasonable sum to be paid to such company in respect of such terminal charges.

23.—Every application made to the Court under Section 16 of the Regulation of Railways Act, 1873, shall be for the Court to sanction the agreement therein mentioned by certificate under seal. Before the companies enter into such agreement notice of their intention to do so shall be given by them or one of them by advertisement to be inserted once at least in each of three successive weeks in some newspaper published or circulating in the county or counties in which the canal to which the proposed agreement relates or some portion of such canal is situate. Such notice shall be according to Form No. 8 in the First Schedule hereto.

24.—Every application made to the Court under Section 17 of the Regulation of Railways Act, 1873, shall be for an order upon the railway company against whom the application is made restraining them from permitting and suffering the canal therein mentioned or parts thereof or works belonging thereto to remain unrepaired or in want of dredging or not in good working condition, or without proper supplies of water thereto, and also enjoining them to keep and maintain the said canal or such parts thereof or such works thereto belonging thoroughly repaired and dredged or in good working condition, or to preserve the supply of water to the same. The application in such case shall specify the obstruction, want of repair, or other defect sought to be remedied and show in what part of the canal or works such obstruction, want of repair, or defect exists.

25.—Every application made to the Court under Section 10 of the Railway and Canal Traffic Act, 1888, shall be for the Court to hear and determine the question or dispute therein mentioned with respect to the legality of any toll, rate or charge or portion of a toll, rate or charge charged or sought to be charged by any company for merchandise traffic. The parties may concur in stating such question or dispute in the form of a joint application without further pleadings.

26.—Every application by a company under Section 29, sub-section (3), of the Railway and Canal Traffic Act, 1888, shall be for an order determining whether the group rate or the rate as to which there is a doubt is or is not a contravention of Section 2 of the Railway and Canal Traffic Act, 1854, and in any such application the company applying shall state the nature of the doubt considered to exist. Where such an application is in respect of a group rate it shall specify in addition to the amount of the rate the names of the places grouped together and such distances as may be material for the purposes of the application. The company making the application for such order shall give one month's public notice of their intention to apply to the Court under this section by advertisement in at least one Dublin daily newspaper and if directed by the Court in one newspaper in general circulation in the district or districts within which the group is comprehended, such advertisements shall in each case be inserted in each of three successive weeks, at intervals of not less than a week, in each of the newspapers in which they appear. In such notice full particulars shall be given of the group rate or the rate or rates as to which the determination of the Court is to be asked.

27.—Every application to the Court under Section 38, subsection (1), of the Railway and Canal Traffic Act, 1888, shall be for an order on the railway company or on the directors or officers of the railway company or on any person acting on their behalf and having such control or right of interference as mentioned in the said section requiring the tolls, rates and charges levied by such railway company, directors officers or persons on the traffic of or for the conveyance of merchandise on the canal in respect of which the complaint is made to be altered and adjusted in such a manner that the same shall be reasonable as compared with the rates and charges for the conveyance of merchandise on the railway. The applicant shall state in what manner the existing tolls, rates and charges so levied as aforesaid are calculated to divert traffic from the canal to the railway to the detriment of the canal or of persons sending traffic over the canal or other canals adjacent to it and shall state the amount and the particulars of the alteration or reduction proposed.

The applicant shall before or at the time of making such application file with the Registrar a certificate from the Department of Industry and Commerce that the applicant is a fit person to make the application and that the application is a proper one to be submitted for the adjudication of the Court.

28.—Every application under Section 2 of the Regulation of Railways Act, 1889, shall be for the enforcement of an Order made by the Department of Industry and Commerce under Section 1 of that Act.

29.—When the Department of Industry and Commerce have referred to the Court an objection to any Rule made under Sections 3 and 10 of the Railway Employment (Prevention of Accidents) Act, 1900, the Registrar shall give to the Department of Industry and Commerce and to the person who has required the Department of Industry and Commerce to refer such objection and to any person who has obtained the consent of the Court to be heard, not less than 21 days' notice in writing of the date when such objection will be considered by the Court. Any person (other than the Department of Industry and Commerce and the person who has required the Department of Industry and Commerce to refer such objection) desiring to be heard either in support of or in opposition to an objection, shall give written notice to the Registrar of his desire to be heard and such notice shall state the grounds on which he desires to be so heard. Such person after obtaining the consent of the Court to be so heard shall be entitled to obtain from the Registrar's office copies of all objections lodged on payment for the same. The Registrar shall give to the Department of Industry and Commerce and to the person who has required the Department of Industry and Commerce to refer such objection notice in writing that such consent has been given by the Court.

The Court may award costs if in the opinion of the Court a requirement to refer an objection is frivolous and vexatious.

30.—Unless otherwise ordered by the Court an application to the Court:—

(a) Under any of the following sections of the Defence of the Realm (Acquisition of Land) Act, 1916, viz.:—

Section 2, Sub-section (2),

Section 3, Sub-section (2),

Section 6, Sub-section (3),

Section 13, Sub-section (1),

Section 13, Sub-section (5),

shall be served on every person interested in the land, building or work to be affected by the proposed order.

An application shall also be served on every person interested in the mines and minerals lying under the land if it is sought to acquire an interest therein.

(b) Under Section 6, sub-section (1) shall be served on the local authority and the authority or person responsible for the maintenance of the highway or of any other railway or tramway laid thereon and on such other persons (if any) as the Court may direct.

(c) Under Section 7 shall be served on the company or authority against whom the order is sought and also upon any company, person or authority interested in the continuance or discontinuance of the supply referred to in the proceedings.

Any party may in case of difficulty as to the parties to be served or as to the mode or place of service apply to the Court for directions at any time before the hearing of the proceedings. Such application may be made ex parte in the first instance but the Court may order notice thereof to be served on such person and in such manner as the Court may think fit.

31.—Every application made to the Court under Section 1 of the Railway and Canal Commission (Consents) Act, 1922, is subject to Rule 30 of these Rules so far as it relates to Section 6, sub-section (3), of the Defence of the Realm (Acquisition of Land) Act, 1916.

32.—The procedure in cases under the following Acts shall be in each case as nearly as may be the same as that directed to be taken by the Rules in proceedings under the 8th Section of the Regulation of Railways Act, 1873, or the same as that obtaining in arbitration or the same as that provided by the forms in the Schedule hereto.

(a) Differences between the Minister for Posts and Telegraphs and any company referred to the Court under the provisions of Section 19 of the Regulation of Railways Act, 1873, or Section 61, sub-section (5), of the Railways Act, 1924 , or the Post Office Acts, 1908 to 1920, or any similar Act giving similar power.

(b) Differences referred to the decision of the Court by the Department of Industry and Commerce under the provisions of the Board of Trade Arbitration Act, 1874.

(c) Differences required by Sections 4 and 5 of the Telegraphs Act, 1878, to be referred to the decision of the Court.

(d) Differences between the Minister for Posts and Telegraphs and any company referred to the Court under the provisions of Sections 1 and 2 of the Conveyance of Mails Act, 1893.

(e) Differences between the Minister for Posts and Telegraphs and any person referred to the Court under the provisions of Sections 3 and 6 of the Telegraph (Construction) Act, 1908.

(f) Differences between the Minister for Posts and Telegraphs and any body or person referred to the Court under the provisions of Section 1 of the Telegraph (Arbitration) Act, 1909.

(g) Differences required by Section 3 of the Telegraph (Construction) Act, 1911, to be referred to the decision of the Court.

(h) Differences required by Section 1 of the Telegraph (Construction) Act, 1916, to be referred to the decision of the Court.

(i) Differences required by Section 22, sub-section (2) (c), of the Electricity (Supply) Act, 1919, to be referred to the decision of the Court.

REPRESENTATIVE PARTIES.

33.—If the persons who are interested in an application are numerous, one or more of such persons may, by order of the Court or the Registrar, be appointed to act as a representative respondent or representative respondents, and be authorised to defend in the matter of the application on behalf of and for the benefit of all persons concerned, or on behalf of or for the benefit of such class or classes of persons as may be specified in the Order appointing the representative respondent or any subsequent Order.

JOINDER OF PARTIES.

34.—No application shall be defeated by reason of the misjoinder or nonjoinder of parties, but the Court or the Registrar may at any stage of the proceedings, on such terms as may seem just, direct the joinder either as applicant or respondent of any person whose presence before the Court is in the opinion of the Court proper or necessary for adjudication upon the questions involved in the application, but so that no person shall be added as an applicant without his consent in writing.

FILING APPLICATION.

35.—Every application to which any of the foregoing Rules apply shall be indorsed as required by Rule 5 stamped with the appropriate stamp and filed with the Registrar at his office, and except in cases under Sections 10 and 16 of the Regulation of Railways Act, 1873, five copies of the application shall also be left with the Registrar. The Registrar shall make out a list of the applications so filed according to the order in which they are received by him and such list may be inspected at the office during office hours. The applications shall be heard by the Court so far as it may in the judgment of the Court be practicable according to the order in which they are so entered upon the list.

Court may require further copies of documents.

Whenever additional members are added to the Court under Section 17, sub-section (4), of the Railways Act, 1924 , and on such other occasions as the Court or the Registrar shall direct, such number of additional copies of the application and other documents as the Court or the Registrar may require shall be furnished to the Registrar by the party filing or proposing to use the same.

INDORSEMENT ON APPLICATION.

36.—In all proceedings (except proceedings under Sections 8, 9, 10 and 16 of the Regulation of Railways Act, 1873, Section 30 of the Railways Act, 1924 , and subject to Rule 39 of these Rules) the copy of the application served on each respondent shall be indorsed with a notice to the respondent to put in an answer to the application within fifteen days from the service thereof and that in default of such answer being put in within the time named or any extension thereof duly granted the Court may proceed to hear the said application ex parte. Such indorsement shall be according to Form No. 2 in the First Schedule hereto and shall be sealed by the Registrar with the Seal of the Court.

SERVICE OF APPLICATION, ETC.

37.—(1) A copy of the application indorsed as aforesaid shall in all cases (except under Sections 8, 9, 10 and 16 of the Regulation of Railways Act, 1873, Section 30 of the Railways Act, 1924 , and subject to Rule 39 of these Rules) be served upon each respondent by leaving the same with him or with the Manager, Secretary or Chief Clerk of the respondent at his principal office or place of business in Saorstát Eireann or in such manner as the Court by special order may direct, but no such personal service shall be necessary when the respondent's solicitor undertakes in writing to accept service of such copy on his behalf.

Service of summons, notice, etc.

(2) Service of any summons, notice or other document which by the terms of these Rules or any order of the Court or the Registrar is required to be served on any party or person may be effected on him in the manner hereinbefore directed for the service of the copy of the application on the respondent or his solicitor as aforesaid.

Court may direct service by registered post.

(3) The Court or the Registrar may direct that any application, answer, summons, notice or other document shall be served by being sent through the post as a prepaid registered letter addressed to the person on whom it is to be served at his last known residence or at his principal place of business in Saorstát Eireann or at any address given by him in any application, answer, or notice made or given in pursuance of these Rules.

CLAIM FOR DAMAGES.

38.—If the applicant in any matter which the Court has jurisdiction to hear and determine, claims damages from the respondent he shall in such case state in his application the amount of damages claimed and the matter in respect of which such claim is made, and the respondent may before or at the time of delivering his answer or by leave of the Court at any later time pay into Court a sum of money by way of satisfaction which shall be taken to admit the matter in respect of which payment is made or the respondent may with an answer denying liability pay money into Court. If the respondent in any matter which the Court has jurisdiction to hear and determine desires to have all claims for damages in respect of such matter dealt with by the Court he shall make such claim in his answer or by leave of the Court at any subsequent stage of the proceedings.

The provisions of Rules 3, 4, 5, 6, 7 and 8 of Order 22 of the Rules of the Supreme Court, Ireland, 1905, and the forms required to be used in such Rules or such other Rules of Court and Forms as may be substituted therefor, respectively, shall mutatis mutandis apply to and be used in all proceedings, in this Rule provided for.

SUSPENSION OF PROCEEDINGS.

39.—If the Court think fit, in pursuance of Section 7 of the Regulation of Railways Act, 1873, to communicate an application to the company against whom it is made so as to afford them an opportunity of making observations thereon before requiring or permitting any formal proceedings to be taken thereon the Court shall give notice thereof to the applicant or his solicitor within seven days from the date of the application having been left at the office of the Court, and thereupon all formal proceedings thereon shall be suspended until further notice from the Court to the applicant.

COURT REQUIRING FURTHER INFORMATION.

40.—The Court may also within the said period of seven days, or at any time thereafter, require further information or particulars or documents from the applicant or his solicitor and may suspend all formal proceedings upon the application until satisfied in this respect.

41.—If the Court at any stage of the proceedings think fit to direct inquiries to be made under Section 3 of the Railway and Canal Traffic Act, 1854, the Court shall give notice thereof to the parties or their solicitors to the application and may stay proceedings or any part of the proceedings thereon until further notice from the Court.

CONSENT CASES.

42.—In all cases the parties may by consent in writing signed by them or their solicitors dispense with the formal proceedings hereinafter mentioned or some portion of them, and orders by consent may be drawn up and if approved of by the Court may be sealed with the Seal of the Court.

ANSWER.

43.—(1) Within 15 days from the service of the application upon the respondent or his solicitor or within such shorter or extended time as may be fixed by the Court or the Registrar the respondent or his solicitor shall file with the Registrar an answer to the application and leave with him five copies of the same and the respondent or his solicitor shall within such time deliver to the applicant or to his solicitor a signed copy of the answer. The answer shall contain a clear and concise statement of the facts which form the ground of defence or of any other objections relied upon. It may admit the whole or any part of the facts stated in the application. It shall be divided into paragraphs numbered consecutively and it shall be signed by the person actually making the same and who is acquainted with the facts stated therein. It shall be indorsed with the name and address of the respondent and if there be a solicitor acting for him in the matter with the name and address of such solicitor.

(2) In the case of an answer to an application in Form No. 1 it shall be according to Form No. 9 set out in the First Schedule hereto or to the like effect, and in the case of an answer made to an application in Form No. 4 it shall be according to Form No. 10 set out in the First Schedule hereto or to the like effect.

(3) If a respondent shall claim any relief against the applicant in connection with the matters which form the subject of the application, or any of them, he may include in his answer a counter application claiming such relief, and any answer may, after it has been delivered, be amended by leave of the Court or the Registrar by the addition thereto of such a counter application as aforesaid, subject, however, to such conditions (if any) as the Court or the Registrar may impose as a term of granting such leave. The Court or the Registrar, if of opinion that the inclusion of a counter application will hinder, delay or embarrass the hearing of the application, may direct that the counter application shall be struck out of the answer, without prejudice to the right of the respondent to renew his claim by way of an original application.

(4) Upon lodgment of the answer in the case of applications under the Railways Act, 1924 , the Registrar shall send a copy of the application and the answer to the Minister.

OPPOSITION BY PARTIES INTERESTED.

44.—(1) Any person who in accordance with the provisions of the Railways Act, 1924 , or these Rules, is entitled to be heard upon an application and is not named as a respondent thereto and is not a person on whom the Registrar has directed that a copy of the application shall be served may within the time limited by the directions of the Registrar, or within such extended time as may be allowed by the Registrar or the Court, or if no such time has been limited, then at any time, but not later than four days before the hearing of the application, give notice in writing to the applicant and to the Registrar in accordance with Form No. 11 in the First Schedule hereto, that he takes objection to the relief or declaration asked for in the application and that he desires to be heard thereon, and on giving such notice he shall be entitled to attend and be heard on the occasion of the hearing of the application, but shall not be entitled to receive notice of or attend upon any interlocutory proceedings unless the Court or the Registrar shall give special leave.

(2) Where the Court or the Registrar is satisfied that the persons interested or concerned in the matter of an application are sufficiently represented by a respondent who is already before the Court, the Court or the Registrar may direct that any other person claiming or obtaining leave to attend or be heard shall bear any additional costs incurred by reason of the service upon him of notices or otherwise, and may from time to time require the deposit by him of a reasonable sum to defray such costs as a condition of allowing the service of notices upon him.

AS TO PLEADINGS AND FURTHER CONDUCT OF CASES.

45.—(1) Within 10 days after the answer of the respondent shall have been lodged the applicant shall lodge with the Registrar a summons for directions as to pleadings, place and mode of trial, and the general conduct of the cause. Such summons shall include any application which the applicant may desire to make for leave to amend, particulars, discovery and production of documents, leave to administer interrogatories, and generally as to the conduct of the cause, and for prescription of any matter or thing which is, in reference to the cause, required by the Railways Act, 1924 , to be prescribed by the Court, and the Registrar will thereupon fix a date and time for hearing such summons which date shall be fixed so as to allow four clear days between service and hearing.

Form and service of the summons.

(2) Such summons shall be according to Form No. 12 set out in the First Schedule hereto, or to the like effect, and shall be in writing and signed by the applicant or his solicitor and be sealed by the Registrar with the Seal of the Court, and a copy thereof shall be served upon each of the other parties to the cause with a notice stating the date and time fixed by the Registrar for the hearing of such summons.

Cross-summons for other directions.

(3) Not later than two days prior to the date so fixed, any respondent may lodge with the Registrar a notice in the nature of a cross-summons according to Form No. 13 set out in the First Schedule hereto, or to the like effect (a duplicate being at the same time sent by such party to each of the other parties to the cause), for such further or other directions as he may desire in addition to those applied for by the applicant.

Order on summons.

(4) The Registrar may make such Order on the summons for directions and cross-summons (if any) as may appear necessary, or may adjourn the matter to be disposed of by the Court.

Adjournment and restoration of summons.

(5) The Court or the Registrar may adjourn the whole or any part of the summons and cross-summons to a later date or generally, and when such summons or cross-summons is adjourned it may be restored by any party on giving not less than four days' notice to the other parties.

Application for members of Panels to be added to Court.

(6) If either party intend to request the appointment of additional members of the Court from the Panels set up under Section 17 of the Railways Act, 1924 , such party shall include such request in his summons or cross-summons for directions, but the Court may in its discretion allow an application for the purpose aforesaid to be made at any time not later than 21 days before the date fixed for the hearing of the cause or in the case of a cause being placed in the list of causes for hearing not later than 21 days before the date fixed as the date before which the cause is not to be heard.

PLEADINGS AFTER ANSWER BY LEAVE ONLY.

46.—No pleading subsequent to answer shall be pleaded without leave of the Court or the Registrar.

CLOSE OF PLEADINGS BY IMPLIED JOINDER.

47.—If it be directed that no pleading shall be delivered subsequent to the answer, then as from the delivery of the answer the pleadings shall be deemed to be closed. If it be directed that any further pleading shall or may be delivered, then as from the delivery of such further pleading or upon the expiration of the period allowed for that purpose, whichever shall be the earlier, the pleadings shall be deemed to be closed, and upon the close of the pleadings all material statements of fact contained in the pleading last delivered shall be deemed to be denied and put in issue.

POWER TO DIRECT AND SETTLE ISSUES.

48.—If it appear to the Court or the Registrar at any time that the statements in the application, answer or further pleadings do not sufficiently raise or disclose the issues in dispute between the parties, the Court or the Registrar may direct the parties to prepare issues, and such issues shall, if the parties differ, be settled by the Court or the Registrar.

PRELIMINARY MEETING.

49.—If it appear to the Court at any time before the hearing of the application that it will be to the advantage of the parties to hold a preliminary meeting for the purpose of fixing or altering the place of hearing, determining the mode of conducting the enquiry, the admitting of certain facts or the proof of them by affidavit or for any other purpose the Court shall have power to hold such meeting upon giving notice thereof to the parties and may thereupon make such order as shall seem fit under the circumstances.

PRELIMINARY COMMUNICATION WITH THE PARTIES.

50.—The Court may if it think fit instead of holding such meeting as in the preceding Rule mentioned, communicate with the parties in writing and may require answers to such inquiries as it may think fit to make.

INTERIM INJUNCTION.

51.—An interim injunction may be moved for at any stage of the proceedings. Notice of such application shall be given to the parties affected thereby at least two clear days before the application is moved:—Provided that in cases of emergency it shall be competent for the Court to grant the interim injunction sought without previous notice. An application to dissolve any injunction may be made at any time to the Court on two clear days' notice to the party in whose favour the injunction was granted.

PRELIMINARY QUESTIONS OF LAW.

52.—The Court or the Registrar may, by consent of the parties to any proceedings before it or on the application of either party, order any point of law raised by the pleadings to be set down for hearing and disposed of at any time before the hearing of the application. The argument of such point of law shall take place before not less than three members of the Court and upon such hearing if, in the opinion of the Court, the decision of such point of law substantially disposes of the whole application, the Court may order that the argument shall be the hearing of the case and thereupon may grant or dismiss the application or make such order thereon as to the Court may seem just.

NOTICE OF DISCONTINUANCE.

53.—When any application made to the Court has been withdrawn or settled the applicant shall immediately thereupon give notice thereof to the Registrar.

INTERROGATORIES.

54.—(1) Any party may apply by summons to the Registrar for leave to deliver interrogatories in writing for the examination of the opposite party. Any interrogatories proposed to be administered shall first be submitted to the Registrar in the Form No. 14 set out in the First Schedule hereto or to the like effect and only such as are allowed by him or the Court shall be administered.

Answer to interrogatories.

(2) Interrogatories shall be answered by affidavit in the Form No. 15 set out in the First Schedule hereto or to the like effect to be filed within 10 days or within such other time as the Court or the Registrar may allow. The interrogatories may be answered partly by one person and partly by another or others, but in all cases the party answering any part thereof shall state in his answer that the matters stated by him are within his personal knowledge, and if any person interrogated omits to answer or answers insufficiently, the party interrogating may apply to the Court or the Registrar for an Order requiring him to answer, or to answer further, as the case may be.

No deposit on interrogatories.

(3) No payment into Court of a sum of money as deposit shall be required from a party seeking discovery by interrogatories or otherwise.

DISCOVERY AND PRODUCTION OF DOCUMENTS.

55.—(1) Either party may, without filing any affidavit, by summons, apply for an order directing the other party to make discovery of the documents which are or have been in his possession or power relating to the matter in question. Such application may be included in the summons for directions, but in any other case shall be served on the other party not less than three days before the hearing thereon. The summons shall specify the character and description of the documents of which discovery is sought.

List of documents or discovery on oath may be ordered.

(2) The Court or the Registrar may, on hearing such application, direct that a list of documents shall be delivered without requiring that the same shall be verified by oath, or may, either upon the original hearing of the application for discovery or subsequently, direct that discovery shall be made on oath. The Court or the Registrar shall fix the time within which such list of documents or discovery is to be given.

Production of documents.

(3) The Court or the Registrar may, at any time during the pendancy of any cause, order the production by any party thereto of such of the documents in his possession or power relating to the matters in question as the Court or the Registrar shall think fit.

DOCUMENTS REFERRED TO IN PLEADINGS.

56.—Either party shall be entitled at any time before or at the hearing of the cause to give a notice in writing to the other party in whose application or answer or other pleading reference is made to any document, to produce it for the inspection of the party giving such notice, or of his solicitor, and to permit him to take copies thereof, and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such proceeding without the leave of the Court, unless he satisfy the Court that he has sufficient cause for not complying with such notice. Such notice shall be in the Form No. 16 in the First Schedule hereto or to the like effect and compliance therewith shall be in the Form No. 17 in the First Schedule hereto or to the like effect.

NOTICE TO PRODUCE.

57.—Either party may give to the other a notice in writing to produce such documents as relate to any matters in difference (specifying the said documents) and which are in the possession or control of such other party and if such notice be not complied with secondary evidence of the contents of the said document may be given by or on behalf of the party who gave such notice. Such notice shall be in the Form No. 18 of the First Schedule hereto, or to the like effect.

NOTICE TO ADMIT.

58.—Either party may give to the other party a notice in writing to admit any documents saving all just exceptions, and in case of neglect or refusal to admit after such notice, the cost of proving such documents shall be paid by the party so neglecting or refusing, whatever the result of the application may be unless at the hearing the Court certify that the refusal to admit was reasonable and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense. Such notice shall be in the Form No. 19 of the First Schedule hereto, or to the like effect.

APPOINTING DATE OF HEARING.

59.—(1) At any time after the pleadings are closed or if the respondent make default in putting in his answer the applicant may apply to the Registrar to fix a date for the hearing. If the applicant does not within six weeks after the close of the pleadings or within such extended time as the Court may allow, apply to the Registrar to fix a date for the hearing any party may do so. No such application shall be made without four days previous notice in writing to each of the other parties. If any of the parties fail to appear on the application to fix a day for the hearing notice of the day appointed shall be served upon the absent party by the party who has applied for the fixing of a day for the hearing within the time to be named by the Registrar.

Depositing maps, plans, etc.

(2) The parties shall leave with the Registrar six days before the day fixed for the hearing or the day fixed as the day before which the cause shall not be heard (as the case may be) any maps, plans, schedules of figures, time-tables and Special Acts or other documents referred to in the application, answer or other pleading or which may be useful in explaining or supporting the same. Any maps, plans, schedules of figures, time-tables or other documents shall as far as possible be agreed by the parties before the hearing.

60.—The Registrar may either fix a named day for the hearing of the cause or may direct that the cause shall be placed in the list of causes for hearing to come on in due rotation with a direction that the same shall not be heard before a named day.

INTERLOCUTORY APPLICATIONS.

61.—(1) Where not otherwise provided for in these rules all interlocutory applications shall unless otherwise specially ordered, be heard by the Registrar upon summons duly served and may be determined in a summary way Any such summons shall be in accordance with Form No. 20 in the First Schedule hereto and be sealed by the Registrar with the seal of the Court. Such application may, if the Registrar thinks fit, be adjourned either before or at the time of hearing before him into the Court for hearing before the Court.

Appeals in case of interlocutory applications.

(2) Any person affected by any order or decision of the Registrar may appeal therefrom to the Court. Such appeal shall be by way or indorsement on the summons by the Registrar at the request of any party or by notice in writing to attend before the Court without a fresh summons. Such notice shall be given to the Registrar and to the opposite party within four days after the decision complained of or such further time as may be allowed by the Registrar, or by the Court.

No stay.

(3) An appeal from the Registrar's decision shall be no stay of proceedings unless so ordered by the Registrar or by the Court.

RIGHT OF AUDIENCE BEFORE COURT.

62.—(1) Any party may appear and be heard in person, by counsel or solicitor, and, where the party is a firm, any partner may appear on behalf of the firm.

Appointment of solicitor.

(2) Any party to or interested in any proceeding may appoint a solicitor to act for him, and every solicitor so appointed shall file in the office of the Court a notice of his appointment giving his registered Dublin address, and shall serve copy of such notice on the other parties to the proceeding to which the appointment refers and thereafter all notices and documents for such party in the proceeding to which the appointment refers shall be served on such solicitor at his registered address.

Appointment of representative.

(3) (a) A party may appoint a person who is in his regular employment to act as his representative in any proceedings, and if the appointment is duly made in accordance with these Rules, such representative shall be entitled to appear and be heard on all occasions when his principal might so appear, and to do in connection with the proceedings covered by his appointment any act or thing or give any consent, or receive any notice, or otherwise represent the party appointing him as fully as the party himself could do.

(b) Any such appointment may be in respect of a particular application or of particular proceedings or general for a period not exceeding one year, provided the person appointed shall so long remain in the regular employment of the party appointing him.

(c) Any such appointment as aforesaid shall be in writing and shall be signed by the party making the appointment.

(d) Any such appointment may be revoked, renewed, extended or varied by a writing signed by the party.

(e) Every such appointment or any revocation, renewal, extension or variation thereof shall be in duplicate whereof one part shall be filed with the Registrar before the representative shall act thereon, and the other part shall be retained by the person appointed as representative.

(f) No revocation or variation of an appointment shall be operative until filed with the Registrar.

Definition of " party."

(4) For the purposes of this Rule the word " party " shall include any person, firm, association, authority, or body corporate entitled to appear at the hearing of any application.

Appearance by Chamber of Commerce or Association.

(5) Where any Chamber of Commerce or Association representative of shipping, agriculture, traders, freighters or passengers propose to make any application, or to appear in opposition to any application, representation or submission in accordance with the provisions of Sections 31, 33, 36 (6), 41, 43, 58, 61, or 65 of the Railways Act, 1924 , they shall, before or at the time of making such application or so appearing, file with the Registrar a certificate from the Minister given in accordance with the said Section 65.

Appearance of person interested.

(6) Where any person, not being the applicant or a respondent, shall claim to be heard as being a person interested, he shall at least four days before the commencement of the hearing lodge with the Registrar a notice setting forth his name, description and address and the nature of his interest, and stating whether he supports or opposes the application before the Court, and, if he desires any modification or variation of the proposals before the Court, particulars of such modification or variation, and shall at the same time serve copies of such notice upon every party to the cause.

Court may hear person likely to assist.

(7) The Court may permit any person whom it shall deem likely to be able to assist it to address the Court notwithstanding any failure to comply with the provisions of this Rule; and may waive or extend the time for compliance with this Rule upon such terms and conditions as it shall think fit, including a condition of undertaking to bear and pay any costs incurred by reason of an adjournment becoming necessary.

Appearance of Minister.

(8) Where the Minister shall notify the Court that he intends, in pursuance of Section 19 (3) of the Railways Act, 1924 , to appear upon any proceedings before the Court, he shall not less than seven days before the commencement of the hearing lodge with the Registrar a notice of his intention to appear with a statement of the matters in respect to which he desires to be heard.

WITNESSES.

63.—The attendance of witnesses with or without documents shall be enforced by the process of the Court, the form of which may be obtained at the office of the Registrar. Such process may be sued out by either party requiring the attendance of such witness, shall be sealed with the Seal of the Court, signed by the Registrar and may be served in any part of Saorstát Eireann. The witnesses shall be entitled to the same protection as when required or cited to attend the High Court of Justice under similar process in that Court and the laws and practice in force for the time being relating to witnesses in that Court shall apply to them in proceedings before the Court.

THE HEARING.

64.—(1) The hearing of every application other than interlocutory applications shall take place in open Court at such place or places convenient for the determination of the proceedings thereon, due regard being had to the place of residence of the applicants, and respondents, and of the witnesses as the Court shall direct.

Power of Court to proceed ex parte.

(2) If the applicant does not appear at the time and place appointed for the hearing, the Court may dismiss the application, and if the respondent does not appear at such time and place and the Court is satisfied that the notice of the hearing was duly served they may hear and determine the application ex parte, and if at any adjournment of the hearing the parties or either of them do not appear the Court may decide the case in their absence.

Hearing to proceed from day to day.

(3) The Court may from time to time adjourn any proceedings before it but subject to any such adjournment the hearing of the cause when once commenced shall proceed so far as in the judgment of the Court may be practicable and convenient, from day to day.

EVIDENCE AT THE HEARING.

65.—The witnesses at the hearing shall be examined viva voce, but the Court may at any time, and whether before or at the hearing, for sufficient reason, order that any particular facts may be proved by affidavit or that the affidavit of any witness may be read at the hearing on such conditions as the Court may think reasonable or that any witness whose attendance ought for some sufficient cause to be dispensed with, be examined by interrogatories or otherwise before a person appointed by them for that purpose, provided that when it appears to the Court that the other party bona fide desires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. Depositions taken before a person authorised to take them may be read at the hearing without calling the deponents unless the Court otherwise order.

COURT MAY REQUIRE FURTHER EVIDENCE.

66.—The Court may require further evidence to be taken either viva voce or by affidavit or by deposition taken before a person appointed by the Court for that purpose.

DOCUMENTS USED WITHOUT OBJECTION.

67.—Where any document has been used at the hearing without objection taken thereto at the time of its use, the Court may accept such document in evidence without strict proof of its authenticity.

VIEW.

68.—In any case in which, in the opinion of the Court, a view is necessary or desirable, it may be had by one or more members of the Court as the Court may direct.

REFERENCE OF QUESTIONS FOR REPORT.

69.—(1) The Court may at any time, either before or during the hearing, remit the whole or any particular subject matter of the cause to a member or an officer of the Court or other person appointed by it for report, after holding an enquiry locally, and the Court may act on any report made to it in pursuance of such remit, or may hear or continue the hearing of the application or may take such other course as may appear to the Court to be desirable.

Hearing upon report.

Facts stated in report not to be challenged.

(2) Any party may give notice to the Registrar and to the other parties concerned that they desire, before the Court act upon any such report, to be heard by the Court thereon, and the case shall thereupon be put in the list for hearing, but upon such hearing it shall not be open to any party to dispute the correctness of any statement of fact contained in such report, unless the Court shall for good cause shown allow any finding of fact therein to be reconsidered.

FORMAL OBJECTIONS.

70.—No proceedings before the Court shall be defeated by any formal objection.

If it appears to the Court that an objection having substance can be cured if the proceedings are adjourned, and that no injustice will be caused by an adjournment, the Court shall, on the application of any party interested, grant such an adjournment as may be necessary, but may impose such conditions on the person applying for the adjournment as the Court shall think fit.

AMENDMENT.

71.—The Court or the Registrar may at any stage of the proceedings allow any pleadings to be amended or may order to be struck out any matters which may tend to prejudice, embarrass or delay the fair hearing of the case, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

JUDGMENT OF THE COURT.

72.—After hearing the case the Court may grant or dismiss the application or make an order thereon in favour of the respondents or reserve its decision or make such other order upon the application as may be warranted by the evidence and as to the Court may seem just.

73.—The Court may give its decision in writing signed by the members and it may be sent or delivered to the respective parties, and it shall not be necessary to hold a court merely for the purpose of giving such decision.

74.—Every order, decision or judgment of the Court may be enforced by execution in the same way that a judgment of the High Court is enforced and the respective rules of practice for the time being in the High Court in regard to execution shall form part of the practice of the Court as if expressly included in these rules.

ALTERATION OR RESCISSION OF DECISIONS.

75.—(1) Clerical mistakes in any decisions or orders of the Court or errors arising therein from any accidental slip or omission may at any time be corrected by consent of the parties or by the Court on motion without an appeal.

Review, etc., of decisions or orders, and grounds therefor.

(2) The Court may review, rescind, or vary any decision or order of the Court on any of the following grounds, that is to say :—

(a) surprise;

(b) submission of further evidence which was not available at the hearing of the case;

(c) some substantial wrong or miscarriage;

(d) mistake or inadvertence.

Particulars to be given on application to review.

(3) No application shall be made to the Court for the review, rescission, or variation of any decision or order of the Court unless one or more of the said grounds is alleged, and particulars are given of the facts giving rise thereto.

Time limit for review, etc.

(4) Any application to the Court to review, rescind or vary any decision or order previously made by the Court and not being a decision or order upon an interlocutory application nor under Rule 26 of these Rules shall be made within 28 days after the said decision or order shall have been communicated to the parties unless the Court think fit to enlarge the time for making such application. Any application to the Court to review, rescind or vary any decision or order previously made by the Court upon an interlocutory application shall be made within fourteen days after the said decision or order shall have been communicated to the parties unless the Court think fit to enlarge the time for making such application. Every application under this Rule shall be made by motion and no such motion shall be made without two clear days previous notice in writing to the Registrar and to the parties affected thereby, stating the grounds upon which a review, rescission or variation is sought.

UNDUE DELAY.

76.—In all cases where there has been undue delay in bringing the case to trial or in carrying out the order of the Court, the Court may issue a summons returnable in six days requiring the parties to explain the causes of the delay and upon such summons such order shall be made to expedite the proceedings or to enter final judgment as to the Court may seem just.

AFFIDAVITS.

77.—Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove except on interlocutory proceedings on which statements as to his belief with the grounds thereof may be admitted. The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter or copies of or extracts from documents shall be paid by the party using or filing the same.

78.—Any affidavit used in any proceeding before the Court may be sworn as follows:—

(a) In Saorstát Eireann, before the Registrar or the officer appointed by the Court to administer oaths in proceedings before the Court (and in this case without the payment of any fee) or before a person authorised to administer oaths in the High Court or before a Commissioner empowered to take or receive affidavits.

(b) In any other place according to the Rules of Court for the time being regulating the same in the High Court.

The Court shall take such judicial notice of the seal or signature as the case may be of any authority or person before whom such affidavit has been so sworn, or made as the Rules of Court of the said High Court may prescribe.

DOCUMENTS—JUDICATURE PAPER.

79.—All applications, representations, objections, affidavits, notices and all other documents which according to the Rules of Court of the High Court are required to be on judicature paper, shall be on judicature paper.

FILING AND COPIES OF DOCUMENTS.

80.—Affidavits used in any proceedings before the Court shall be filed in the office of the Court and office copies of the same and of other documents filed in the said office may be procured by the parties or their solicitors on application to the Registrar.

COMPUTATION OF TIME.

81.—In all cases in which any particular number of days not expressed to be clear days is prescribed by the Railway and Canal Traffic Acts, 1873 and 1888, or by the Railways Act, 1924 , or by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day unless the last day shall happen to fall on a Sunday, Christmas Day or Good Friday or a bank holiday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also.

82.—Saint Patrick's Day; the days between Thursday next before and the Wednesday next after Easter Day; Whit Monday and Whit Tuesday; Christmas Day and the seven next following days; the first Monday in August and any day appointed to be kept as a public holiday shall not be reckoned or included in any proceedings or orders of the Court.

ENLARGEMENT OR ABRIDGEMENT OF TIME.

83.—The Court or the Registrar subject to an appeal to the Court may enlarge or abridge the time appointed by these Rules or fixed by any order for doing any act or taking any proceeding upon such terms, if any, as the justice of the case may require and any such enlargement may be ordered, although the application for the same is not made until after the expiration of the time appointed or allowed.

84.—The time for delivering, amending or filing any answer, reply or other pleading or document may be enlarged by consent in writing without application to the Court. Such written consent shall be left with the Registrar at the time of filing the answer, reply or other pleading or document.

QUORUM.

85.—The number of members of the Court to constitute a quorum shall be as follows :—

For any interlocutory proceeding or any appeal from the Registrar, either the Chairman or any two members of the Court.

For any determination upon a substantive application not concerned with procedure, three members.

CHANGE IN CONSTITUTION OF COURT.

86.—If during the hearing of any application or where the hearing has been adjourned, if between the first hearing and any adjourned hearing, a change shall have taken place in the persons sitting as members of the Court, the hearing shall be recommenced unless :—

(a) the parties to the application who have appeared shall consent to the hearing proceeding before the Court as then constituted; or

(b) the Court shall be of opinion that no prejudice will result to any of the parties by the continuation of the hearing and shall so order.

SITTINGS OF THE COURT.

87.—The sittings of the Court shall be four in every year and shall commence and terminate on the same dates as those of the High Court.

Provided always that the Court may hold sittings at any other time or times as the Court may direct.

VACATIONS.

88.—The vacations to be observed by the Court shall be the same as those observed by the High Court.

89.—The days of the commencement and termination of each sitting and vacation shall be included in such sitting and vacation respectively.

REGISTRAR'S OFFICE.

90.—(1) The Registrar shall have his office in Dublin.

Office when open.

(2) The Registrar's office shall be open daily from 10 o'clock in the forenoon till four o'clock in the afternoon or till such later hour as the Court may direct, except upon Saturday, when it shall be open from 10 o'clock in the forenoon till 1 o'clock in the afternoon, and except between the first day of August and the 30th day of September, when the office shall be open from 11 o'clock in the forenoon till 1 o'clock in the afternoon, or till such later hour as the Court may direct, except on Saturday when it shall be closed. The office will be closed on the following days, namely, Saint Patrick's Day, Good Friday, Easter Eve, Monday and Tuesday in Easter Week, Whit Monday and Whit Tuesday, the first Monday in August, Christmas Day and the seven next following days, and on such other days (if any) as the offices of the High Court are closed under the Rules of Court.

Office when closed, proceedings.

(3) When the time for lodging any application, summons, notice or document with the Registrar expires during the time when the Registrar's office is closed, the lodgment may be effected on the day on which the office is next open.

COSTS OF PROCEEDINGS UNDER THE RAILWAYS ACT, 1924 .

91.—(1) Except in the case of disputes between two or more railway companies, each party shall bear and pay his own costs of and incident to all proceedings before the Court, unless, in the opinion of the Court either the application or claim or complaint or defence or objection as the case may be is frivolous and vexatious, in which case the Court may by its order so declare and shall direct by whom and in what proportion the costs are to be borne and paid.

(2) In the case of a dispute between two or more railway companies the payment of the costs of and incident to all proceedings before the Court shall be in the discretion of the Court.

TAXATION OF COSTS.

92.—Costs shall be taxed upon the order of the Court under which they are payable, and such costs shall, if required, be taxed by the Taxing Masters of the Supreme Court, or such other person as the Court may direct.

TRANSMISSION OF DOCUMENTS AND FEES BY POST.

93.—Where an applicant does not reside in Dublin and he has no solicitor or agent there all pleadings and documents required by these rules to be lodged with the Registrar or to be sealed or filed in or delivered at the office of the Court may be sent by post, addressed to " the Registrar of the Court of the Railway Tribunal," and the fees payable (if any) in respect thereof may be sent by post, by post-office order payable to " the Registrar of the Railway Tribunal," to the Registrar, who shall cause stamps to be procured to the amount of such remittances or to be impressed, and such stamps to be obliterated. All letters, notices or documents sent by post to the officers of the Court shall be prepaid.

FORMS OF SUMMONS AND NOTICE OF MOTION.

94.—Any application to the Registrar for which provision is not hereinbefore made may be by summons in accordance with Form No. 20 in the First Schedule hereto. Any application to the Court which is hereinbefore directed to be made by motion, or for which no provision is hereinbefore made, may be by motion in accordance with Form No. 21 in the First Schedule hereto.

TABLE OF FEES.

95.—The fees, a table whereof is in the Second Schedule hereto, may be demanded and taken in respect of the proceedings before the Court.

Dated this 28th day of April, 1926.

J. O'BRIEN.

JOHN R. KERR.

HENRY MANGAN.

SCHEDULES.

FIRST SCHEDULE.

FORMS.

The forms contained in this Schedule may be used in the cases to which they are applicable, with such alterations as the circumstances of the case may render necessary, but any variance therefrom, not being in matter of substance, shall not affect their validity or regularity.

FORM NO. 1 [RULE 5.]

APPLICATION WHERE THE CAUSE IS AS BETWEEN SPECIFIC PARTIES.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

IN THE MATTER OF THE APPLICATION OF

A. B., Applicant

against

C. D., Respondent.

1. A. B. (hereinafter called " the Applicant ") is (a Trader) carrying on business as  at  in the County of and residing at  in the County of 

or

1. The X. Y. Association (hereinafter called " the Applicant ") is an Association of Traders having its head office at  in the County of  which has obtained a Certificate from the Minister for Industry and Commerce that it is a proper body to make such application as is herein contained ;

or

1. The  Railway Company (hereinafter called " the Applicant ") is the Amalgamated Railway Company within the meaning of the Railways Act, 1924 , and has its Head Office at

(or as the case may be).

The Applicant states that

and the Applicant applies to the said Court under the above-mentioned Act (or Acts) for :—

(State concisely the nature of the Application, as for example :—)

(a) An order directing that the said Respondent Company do allow to the Applicant out of the station to station rates in respect of the goods specified below at the  station (or private siding at  ) on the Railway an amount of  pence per ton for terminal services not performed by the said Respondent Company. The goods in respect of which the allowance is claimed are

or

(b) An order enjoining the said Respondent Company to desist from giving any undue preference to themselves or other persons in the carrying or in the collecting, carrying or delivering for themselves or other persons of goods and parcels or in their charges for the same over the said Applicant in the carrying of such goods and parcels for him and enjoining the said Respondent Company not to subject him to any undue prejudice in respect thereof

or

(c) A Declaration that the charge sought to be made by the said Respondent Company for the services and accommodation described in paragraph  above being services and accommodation for which no authorised charge is applicable is not reasonable ;

or

(d) A Declaration that the amount sought to be charged by the said Respondent Company for the collection and (or) delivery of merchandise to and from the  station on its Railway, namely  is unreasonable :

(or otherwise as the case may require).

Dated this  day of  19 .

Signed  A.B.

or

E.F., Solicitor for the Applicant.

FORM NO. 2 [RULE 36.]

INDORSEMENT ON APPLICATION (FORM No. 1).

To the within named          Respondent.

You are hereby commanded by the Court of the Railway Tribunal within fifteen days from the service of the within application to put in your answer to the same, and take notice that in default of such answer being put in within such time or any extension thereof duly granted the said Court may proceed to hear the said application ex parte.

(Sealed).

Indorsement.

The within application is made by A. B. of  (stating address and occupation, and if there be a Solicitor in the matter) by C. D. of  Solicitor for the said A.B.  and was filed on the  day of  19 .

FORM NO. 3 [RULE 16.]

INDORSEMENT ON APPLICATION UNDER SECTION 8 OF THE REGULATION OF RAILWAYS ACT, 1873.

To the within named         Company.

TAKE NOTICE that the Court of the Railway Tribunal having consented to the within mentioned difference (or differences) being referred to it for its decision in lieu of being referred to arbitration, you are hereby commanded within  days from the service upon you of the within statement to put in your answer to the same, and take notice that in default of such answer being put in within such time or any extension thereof duly granted, the said Court may proceed to hear and determine the said difference ex parte.

(Sealed).

FORM NO. 4 [RULE 6 (1).]

APPLICATION WHERE NUMEROUS PERSONS OR COMPANIES ARE INTERESTED.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

IN THE MATTER OF THE APPLICATION OF

A.B., Applicant

against

All persons and Companies whom it may concern.

1. (Give particulars regarding the Applicant as in Form No. 1).

The Applicant states that :—

The Applicant makes claim as follows :—

(In the case of an Application under Rule 6).

That some proper person or Company may be appointed to represent the respondents to this Application, and that an order may be made directing what notices of this Application are to be given to what persons and in what manner

(In the case of an Application under Rule 8).

That directions may be given as to the manner and time of hearing of the application and as to what public or other notice is to be given of such hearing.

And the Applicant applies to the said Court for (set out concisely the relief claimed, as for instance .—)

(a) An order directing that the article described in the General Classification of merchandise as "  " should be comprised in the class numbered  instead of in the class numbered ;

or

(b) An order directing that the article described in paragraph above which is not specified in the General Classification of merchandise should be included in Class  of such General Classification under the description following :—

or

(c) A Declaration that the article known as  is not properly included in the description of " dangerous goods," and ought to be carried by the Amalgamated Company as general merchandise and an order that the said article be included in Class of the General Classification ;

or

(d ) An Order that the Railway Rates and Charges in connection with the carriage of merchandise (or the fares for the carriage of passengers as the case may be) in force on the 23rd July, 1924 as respects the Railway Companies other than the Amalgamated Company in so far as they relate to those portions of their undertakings in Saorstat Eireann be reduced by amounts equal to  per cent. of such charges (or Fares) respectively or by such other amounts as to the Court shall seem just, and that the charges (or Fares) specified in the Order of the Court to be made hereon shall come into operation at the expiration of  calendar months from the date of the Order of the Court hereon and shall be thenceforth the charges (or Fares) which the said Railway Companies are entitled to make till further order of the Court;

or

(e) An Order that the Rates and Charges in connection with the carriage of merchandise and passengers of the A.B. Railway Company (being a Company other than the Amalgamated Company) in so far as they relate to those portions of its undertaking in Saorstat Eireann which were in force on the 23rd July, 1924, may be increased by the percentages and in the proportions shown in the Schedule annexed hereto and that as from a date to be named in the Order to be made hereon and until further order of the Court the said increased charges or such other increased charges as to the Court shall seem just shall be the charges which the said Railway Company shall be entitled to make for the carriage of merchandise and passengers and for the other services mentioned in the said Schedule in so far as they relate to those portions of its undertaking in Saorstat Eireann;

or

(f) A Declaration that the conditions as to the packing of the following articles  .  which the Respondent Company seeks to impose as specified in paragraph  above are unreasonable

(or otherwise as the case may require).

Dated this  day of  19 .

Signed,

A.B.,

or

E.F., Solicitor for the Applicant.

FORM NO. 5 [RULE 6 (3)].

NOTICE TO A PERSON OR COMPANY APPOINTED AS RESPONDENT TO AN APPLICATION (FORM NO. 4).

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

IN THE MATTER OF THE APPLICATION OF

A.B., Applicant;

and

ALL persons and Companies whom it may concern.

To C. D. of

(or To the E.F. Railway Company).

Take Notice that an Application has been made to the Court of the Railway Tribunal by the above-named A. B., of which a copy is annexed hereto, and that by an Order of the Court dated  it was directed that you should be served with the said application, and that in accordance with the Rules of the Court you are thereby made a party to and Respondent in such Application.

Your attention is called to the indorsement upon the Copy of the Application annexed hereto commanding you to put in your answer to the said Application.

Signed,

Dated this  day of  19 

FORM NO. 6 [Rule 6 (3)].

NOTICE TO A PERSON TO WHOM IT HAS BEEN DIRECTED THAT NOTICE OF APPLICATION SHALL BE GIVEN.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

IN THE MATTER OF THE APPLICATION OF

A.B., Applicant;

and

ALL persons and Companies whom it may concern.

To G. H. of

Take Notice that an application of which the serial number is 19  No  has been made to the Court of the Railway Tribunal by the above-named A. B., claiming the relief shown at the foot hereof, and that by an Order of the Court dated  , it was directed that notice of such Application should be given to you (add if appropriate and that by the said Order the time within which you are entitled to give notice of objection to the said application is limited to  days after the service of this Notice. If you give notice in writing to the Registrar of the Court within the time limited as aforesaid you will be entitled to attend and be heard on the said Application).

The relief claimed in the said Application is as follows:—

Signed,

Dated this  day  of 19 .

FORM NO. 7 (RULE 18).

FORM OF NOTICE TO BE GIVEN TO THE PUBLIC BY RAILWAY COMPANIES OF THEIR INTENTION TO ENTER INTO AGREEMENTS AMONGST THEMSELVES UNDER THE RAILWAYS CLAUSES ACT, 1863.

NOTICE is hereby given pursuant to the provisions of the Railways Clauses Act, 1863, and the Railway and Canal Traffic Acts, 1873, and 1888, and the  Act, 19  that it is the intention of the  Railway Company and the Railway Company to enter into an agreement for the following purposes, viz.: (among other things), the  and that any Company or person aggrieved by such proposed agreement and desiring to object thereto may bring such objection before the Railway Tribunal by sending the same in writing addressed to the Registrar to the Railway Tribunal at the office at  Dublin on or before the  day of  , 19  in which office a copy of the proposed agreement can be seen.

Dated this  day of  19 .

Secretary to the

(Solicitor).

FORM NO. 8 [RULE 23].

NOTICE REQUIRED BY RULE 23.

THE RAILWAY AND CANAL TRAFFIC ACTS, 1873 AND 1888.

NOTICE is hereby given that it is the intention of the  Railway Company and the  Canal Company subject to the sanction of the Railway Tribunal to enter into an agreement for the following purposes, viz. (among other things), the  and that a copy of the proposed agreement can be seen at the office of the Railway Tribunal at  .

Dated this  day of  19 

Secretary to the

(Solicitor).

FORM NO. 9 [RULE 43 (2)].

ANSWER TO APPLICATION IN FORM No. 1.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

This answer is made by the Respondent personally (or on behalf of the Respondent, C. D., by E. F., who is acquainted with the facts stated therein.)

Dated this  day of  19 .

Signed,

FORM NO. 10 [RULE 43 (2)].

ANSWER TO APPLICATION IN FORM No. 4.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

IN THE MATTER OF THE APPLICATION OF

A.B., Applicant,

against

All Persons and Companies whom it may concern.

ANSWER.

E. F., of  being a person (or Company) on whom a copy of Application of the above-named A. B. of 19  No.  was served by order of the Registrar of the Court of the Railway Tribunal dated  [or being a person (or Company, appointed by order of the Court as a representative respondent and authorised to defend in the matter of the application of the above-named A. B. of 19  No.  on behalf of all persons and Companies concerned] states that.

(Set out the answer as in Form 9).

Dated this  day of  19 .

Signed,

FORM NO. 11 [RULE 44 (1)].

NOTICE OF OBJECTION BY A PERSON NOT A RESPONDENT.

(Heading as in Form No. 1 or No. 4 as the case may require.)

19.............No..........

Notice by M. N., of  the County of 

Take Notice that M. N. objects to the Application of A. B. against  dated the  day of  19 , whereof the serial number is 19  No. 

The interest of M. N. in the said Application is that:—

(He is a Trader whose business includes consigning and receiving goods by the X. Y. Railway, in circumstances similar to those referred to in the said Application.)

or,

(The said M. N. is a Chamber of Commerce which has obtained a certificate from the Minister for Industry and Commerce dated  that it represents persons likely to be affected by the decision to be given on the said Application.)

(Or otherwise as the case may be.)

The objection is to the whole of the relief asked for in the said Application (or such part of the relief asked for in the application as consists of  .)

The said M. N. desires to attend and be heard on the said Application.

Dated this  day of  19 .

Signed,

FORM NO. 12 [Rule 45 (2)].

SUMMONS FOR DIRECTIONS.

(Heading as in Form No. 1 or No. 4 as the case may require.)

19.............No..........

Let all parties concerned attend the Registrar of the Court sitting at  on the  day of  19 , at  o'clock in the  noon on the hearing of an Application on the part of  for an Order for directions as follows:—

1. Joinder of other parties as Respondents.—(Naming parties and stating reasons for joinder.)

2. For further pleadings.—(Stating pleadings required.)

3. Leave to amend.—(Stating amendments proposed.)

4. Particulars.—That further and better particulars be furnished in respect of (state the matters specified in pleadings of which further particulars are sought.)

5. Discovery and production.—That lists of documents be exchanged between the parties (or that the parties be ordered to make discovery of documents on oath) within days and inspection given within days thereafter. The character and description of the documents referred to are as follows:—

6. Interrogatories.—For leave to administer. (Copy of interrogatories asked for to be annexed to the Summons.)

7. Date and place of hearing of the cause.—That the time and place of hearing may be fixed and generally for such directions as to the conduct of the cause as may appear at the hearing of this Summons to be for the convenience of the Court and the parties.

(8. Additional Members.—That a request be made by the Court to the Governor-General to nominate two members selected from the panels set up in accordance with Section 17 of the Railways Act, 1924 , and that the Members so to be nominated be added to the Court for the purpose of hearing this cause.)

This Summons was taken out by 

(Solicitor for  ).

Dated this  day of  19 .

(Sealed.)

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

(To be signed by the Applicant or his

Solicitor.)

FORM NO. 13 [RULE 45 (3)].

CROSS-SUMMONS FOR DIRECTIONS OR SUMMONS FOR FURTHER DIRECTIONS.

(Heading as in Summons for Directions).

19.............No..........

To the Registrar of the Court of the Railway Tribunal and to the above-named (Applicant).

Take Notice that above-named (Respondent) intends to apply to the Registrar of the Court on the  day of  19 . at  o'clock in the  noon for further directions in this cause as follows:—

1.

2.

This Summons was taken out by 

(Solicitor for  .)

Dated this  day of  19 

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

(Signed by Respondent or his Solicitor.)

FORM NO. 14 [RULE 54 (1)].

INTERROGATORIES.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

Between :

Applicant,

and

Respondent.

Interrogatories on behalf of the above-named (Applicant or Respondent) for examination of the above-named (Respondent or Applicant).

1. Did not Patrick McGrath, etc.

2. Has not Thomas Hegarty, etc.

(The A.B. is require to answer Interrogatories numbered  )

(The A.B. is require to answer Interrogatories numbered  .)

FORM NO. 15 [RULE 54 (2)].

ANSWER TO INTERROGATORIES.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

Between :

Applicant,

and

Respondent.

The answer of the above-named  to the interrogatories for his examination by the above-named

In answer to the said interrogatories 1, the above-named  make oath and say as follows:—

FORM NO. 16 [RULE 56.]

NOTICE TO INSPECT DOCUMENTS.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

Between :

Applicant,

and

Respondent.

TAKE NOTICE that the  requires you to produce for his inspection the following documents referred to in your  and to permit him to take copies thereof, namely :

(Set out documents).

Dated

(Signed)

Address

To

FORM NO. 17 [RULE 56.]

NOTICE GRANTING INSPECTION OF DOCUMENTS.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

Between :

Applicant.

and

Respondent.

TAKE NOTICE that you can inspect the documents mentioned in your notice of the  day of  at  on  day the  day of  between the hours of  and  .

Dated

(Signed),

Address

To

FORM NO. 18 [RULE 57.]

NOTICE TO PRODUCE DOCUMENTS.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

Between :

Applicant,

and

Respondent.

TAKE NOTICE that you are hereby required to produce and show to the Court on the hearing of this application, all books, papers, letters, and other writings and documents in your possession or control, containing any entry, memorandum, or minute, relating to the matters in question in this application, and particularly

(Set out documents).

Dated

(Signed),

Address

To

FORM NO. 19 [RULE 58.]

NOTICE TO ADMIT DOCUMENTS.

SAORSTAT EIREANN.

IN THE COURT OF THE RAILWAY TRIBUNAL.

19.............No..........

Between :

Applicant,

and

Respondent.

TAKE NOTICE that the  in this cause proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by you or your Solicitor at  on  day, the  day of  between the hours of  and  , and the  is hereby required, within forty-eight hours from the last mentioned hour to admit that such of the said documents as are specified to be originals, were respectively written, signed or executed as they purport respectively to have been ; and that such as are specified as copies are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent or delivered, respectively, saving all just exceptions to the admissibility of all such documents as evidence in this Cause.

Dated

(Signed),

To

Address

ORIGINALS

COPIES

FORM NO 20 [RULES 61 and 94.]

GENERAL FORM OF SUMMONS.

(Heading as in Forms No. 1 or 4 as the case may require.)

19.............No..........

Let all parties concerned attend the Registrar of the Court sitting at  on the  day of  19 , at  o'clock in the  noon, on the hearing of an Application of  for an Order as follows:—

This Summons was taken out by  (Solicitor for  ).

Dated this  day of  19 .

(Signed),

(Sealed),

FORM NO. 21 [RULE 94].

GENERAL FORM OF NOTICE OF MOTION.

(Heading as in Forms No. 1 or 4 as the case may require).

19.............No..........

TAKE NOTICE that the Court will be moved by (Counsel on behalf of)  on the  day of  19 , at  o'clock in the  noon, or as soon thereafter as (Counsel or the said  ) can be heard for an order that

To (naming the Respondents to the motion)  and his Solicitor (or their Solicitors).

Dated this  day of  19 .

(Signed),

SECOND SCHEDULE.

NOTES.

(1) No fees are payable by the Minister for Industry and Commerce in respect of proceedings before the Railway Tribunal.

(2) Any day fee payable for the hearing of the case or in respect of an assessor shall be paid before the day of hearing by the party who has applied for the hearing, unless the Court otherwise orders.

(3) The fees payable on interlocutory applications shall be paid before the Order is sealed and filed.

(4) The fees on appeal are governed by the rules of the Court to which the appeal lies.

(5) The fees in this Schedule may be altered or varied by Order of the Minister for Industry and Commerce on the recommendation of the Railway Tribunal and with the sanction of the Minister for Finance.

THIRD SCHEDULE.

Rules 3, 4, 5, 6, 7 and 8 of Order XXII. of the Rules of the Supreme Court, 1905, referred to in Rule 38 of these Rules.

3. Payment into Court shall be signified in the defence, and the claim or cause of action in satisfaction of which such payment is made shall be specified therein.

4. With a defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.

5. If the defendant pays money into Court before delivering his defence, he shall serve upon the plaintiff a notice specifying both the fact that he has paid in such money, and also the claim or cause of action in respect of which such payment has been made. Such notice shall be in the Form No. 4 in Appendix B with such variations as circumstances may require.

(Form No. 4 referred to in the foregoing rule.)

Heading as in Form *

Take Notice that the defendant has paid into Court £,  , and says that that sum is enough to satisfy the plaintiff's claim (or the plaintiff's claim for, etc.)

Dated,

Signed.

To

6. In the following cases of payment into Court under this order, viz.:—

(a) when payment into Court is made before delivery of defence;

(b) when the liability of the defendant in respect of the claim or cause of action in satisfaction of which the payment into Court is made is not denied in the defence;

(c) when payment into Court is made with a defence setting up a tender of the sum paid;

the money paid into Court shall be paid out to the plaintiff on his request, or to his solicitor, on the plaintiff's written authority, unless the Court or a Judge shall otherwise order.

7. When the liability of the defendant in respect of the claim or cause of action, in satisfaction of which the payment into court has been made, is denied in the defence, the following rules shall apply:—

(a) The plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, in which case he shall be entitled to have the money paid out to him as hereinafter provided notwithstanding the defendant's denial of liability, whereupon all further proceedings in respect of such claim or cause of action, except as to costs, shall be stayed; or the plaintiff may refuse to accept the money in satisfaction, and reply accordingly, in which case the money shall remain in court, subject to the provisions hereinafter mentioned.

(b) If the plaintiff accepts the money so paid in he shall after service of such notice in the Form No. 5 in Appendix B., as is in Rule 8 mentioned, or after delivery of a reply accepting the money, be entitled to have the money paid out to himself on request, or to his Solicitor, on the plaintiff's written authority, unless the Court or a Judge shall other wise order.

(c) If the plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, but proceeds with the action in respect of such claim or cause of action, or any part thereof, the money shall remain in Court and be subject to the order of the Court or a Judge, and shall not be paid out of Court except in pursuance of an order. If the plaintiff proceeds with the action in respect of such claim or cause of action, or any part thereof, and recovers less than the amount paid into Court the amount paid in shall be applied, so far as is necessary, in satisfaction of the plaintiff's claim, and the balance (if any) shall, under such order, be repaid to the defendant. If the defendant succeeds in respect of such claim or cause of action, the whole amount shall, under such order be repaid to him.

8. The plaintiff, when payment into the Court is made before delivery of defence may, within four days after the receipt of notice of such payment, or when such payment is first signified in a defence, may, before the expiration of the time allowed for reply, accept in satisfaction of the claim or cause of action in respect of which such payment has been made, the sum so paid in, in which case he shall give notice to the defendant in the Form No. 5 in Appendix B., and shall be at liberty, in case the entire claim or cause of action is thereby satisfied to tax his costs after the expiration of four days from the service of such notice, unless the Court or a Judge shall otherwise order, and, in case of non-payment of the costs within 48 hours after such taxation, to sign judgment for his costs so taxed.

(Form No. 5 referred to in the foregoing Rules 7 and 8.)

Heading as in Form *

Take Notice that the plaintiff accepts the sum of £,  , paid by you into Court in satisfaction of the claim in respect of which it is paid in.

Dated,

Signed,

To

*Note.—In proceedings before the Railway Tribunal the heading of this form will be the same as the heading of the forms in the First Schedule.

FOURTH SCHEDULE.

Directions of the Railway Tribunal relating to the working agreements between two or more railway companies.

1. Care should be taken that at least 28 days from the date of the newspaper containing the first insertion of the notice to the public, of the intention of the companies to enter into a working agreement are allowed for bringing objections before the Railway Tribunal and that during the whole of that period a copy of the proposed working agreement is lodged at the Registrar's office for inspection (See Form of Notice to be given to the Public First Schedule No. 7).

2. At the expiration of the period specified in the notices for bringing objections before the Railway Tribunal and together with the application for their approval, there should be sent to the Registrar's office:—

(a) The Act or Acts of Parliament authorising such agreement.

(b) Copies of the newspapers containing the notices of the intention of the two companies to enter into such agreement which are required by the 24th section of the Railways Clauses Act, 1863.

(c) Copies of the newspapers containing the advertisements of each company, required by the 23rd section of the same Act convening the special meetings at which the agreement was assented to.

(d) A copy of the circular which was addressed to each shareholder.

(e) The agreement sealed by the companies, together with a certificate given under the hands of the chairman at the meeting, and of the secretary of each company stating that such agreement was duly assented to by the required proportion of the votes of the shareholders and stockholders entitled to vote in that behalf at meetings of the company present (personally or by proxy) at a general meeting of each of the companies specially convened for that purpose, pursuant to the 23rd section of the same act.

3. The application to the Railway Tribunal for their approval should be made in the manner prescribed by the Railway Tribunal Rules, 1926, Nos. 5 and 18.

The agreement, when approved by the Railway Tribunal, will be returned with their approval signified thereon, and the copy lodged at their office will be retained by them.

Note.—Where the special Act or Acts authorising the agreement do not incorporate the Railways Clauses Act, 1863, Part 3, or are of an earlier date, the course of proceedings wbe that indicated in the special Acts,