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CIVIL BILL COURT, IRELAND.

be lodged with the Clerk of the Peace, and shall be served on the plaintiff or his solicitor in case he appeared at the original hearing by a solicitor within fifteen clear days after the day the decree was pronounced.

2. The notice in the last preceding Rule mentioned shall be signed by the defendant or by a solicitor on his behalf, and shall state the particular grounds upon which the rehearing is sought, and the nature of the fraud, misrepresentation, surprise, or mistake relied upon, and the day upon which the motion will be moved, which shall be some day not less than three nor more than six clear days from the date of the service of the notice on the plaintiff or his solicitor if the Court be then sitting, or if the Court be not then sitting, shall be the first day of the ensuing sessions for the said division of the said county.

3. The service of the notice in the first Rule mentioned shall not operate as a stay of the proceedings in the action unless the defendant lodge with the Clerk of the Peace, together with the copy of the notice of motion, the amount for which the decree was made and costs.

Order XX.

Appeals under the County Officers and Courts (Ireland) Act, 1877.[1]

1. In every equity suit the Judge shall, at the hearing, make a note of any question of law raised, and of such portion of the evidence given at the hearing as he shall consider material, and of his decision of such question of law (if any), and of the suit or matter, and such note shall be called the "Judge's note;" and he shall, at the request of any of the parties in such suit or matter requiring the same for the purpose of appeal, furnish a copy of such note, or of such part thereof as may be necessary for the purpose of such appeal, such copy to be made by the Clerk of the Peace or Registrar at the expense of such party, and to be signed by the Judge, and the copy so signed shall be used and received on the hearing of the appeal.

2. All appeals under the equity jurisdiction shall be made by motion. Notice of such motion, signed by the appellant, his solicitor or agent, shall he served on all the parties to the suit or matter within one calendar month after the decree, dismiss, order, or direction appealed against. shall have been made or given, and copies of such notice shall be lodged with the Clerk of the Peace and with the proper officer of the Chancery Division of the High Court of Justice within fourteen clear days after the date of the last of the services of the said notice on the parties to the suit as aforesaid.


  1. 40 & 41 Vict. c. 56.