IRISH LAND ACT 1903 - SECT 88 Appeals under Land Law Acts.

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IRISH LAND ACT 1903 - SECT 88

Appeals under Land Law Acts.

88.(1) Any person aggrieved by any order made, under the Land Law Acts, by one
Commissioner, not being a Judicial Commissioner, or by a sub-commission, may
apply for a re-hearing to the Land Commission, and that Commission may
confirm, modify or reverse such order.

(2) All.... re-hearings under this section, ...., shall be heard and
determined by one Judicial Commissioner, with the assistance of one specially
qualified lay assessor, who shall hear the evidence and, on the application of
either of the parties, inspect the holding and report thereon to the Judicial
Commissioner in the prescribed manner.

(3) On the hearing of any appeal or on any re-hearing, notice of which is
lodged after the commencement of this Act, evidence which could have been, but
was not, produced in the court below shall be admitted on special grounds only
and not without special leave of the Judicial Commissioner who hears the
appeal or re-hearing.

(4) In the case of any appeal or re-hearing, where an issue of fact is raised
which was raised before the court below, and the Judicial Commissioner who
hears the appeal or re-hearing is satisfied that the appellant did not produce
before that court material evidence on that issue, which was in his possession
or within his procurement, he may order the appellant to pay the whole, or
such portion as he may think fit, of the costs of the appeal or re-hearing.

(5) Rules under section fifty of the Act of 1881 may be made by the Judicial
Commissioners, with the approval of the Lord Chancellor, with respect to the
proceedings under this section in appeals and re-hearings, and those rules
shall, among other things, provide for an ad valorem scale of fees to be paid
on notices of appeal or re-hearing.

S.89 rep. by SLR 1950. S.90 rep. by 1932 c.16 (NI) s.3(2). S.91 rep. by SLR
1950

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Northern Irish Legislation

IRISH LAND ACT 1903 - SECT 88