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GENERAL PROVISIONS AS TO APPLICATIONS AND REPLIES
Application, reply and supporting documents
16. (1)
Every application and reply shall be signed by the party making it or by some
person authorised to do so on his behalf, and shall be delivered or sent in
duplicate to the secretary.
(2)
Every application shall be accompanied by two copies of a map of the land which
is the subject of the application on a scale of 6" to one mile or 1/10,000 or
larger.
(3)
Where a party intends to give evidence about any land which is not shown on
the map referred to in paragraph (2), his application or reply shall be accompanied
by two copies of a map of that land on a scale of 6" to one mile or 1/10,000
or larger.
(4)
Every application and reply shall be accompanied by two copies of any plan or
other document which the party making the application or reply intends to adduce
in support of his case.
(5)
Where there are more than two parties to proceedings, the party making an application
or reply, as the case may be, shall deliver or send to the secretary one additional
copy thereof, and of any map, plan or other document accompanying the application
or reply, for service on each additional party.
(6) The chairman may, on such terms as he thinks fit,
dispense with any map, plan or other document required to be furnished by any
party under this rule where it appears to him that the map, plan or other document,
or a copy thereof, is already in the possession of the tribunal or of some other
party to the proceedings, or that to require it to be furnished would be unreasonable
on the ground of expense or otherwise.
(7) A request for the chairman's direction under this
rule shall be made in writing and shall be delivered or sent to the secretary
on or before the delivery of the application or reply of the party making the
request.
Service of documents by secretary
17. On receiving from any party
an application, reply or other document referred to in rule 16, the secretary
shall forthwith serve one copy thereof on every other party to the proceedings.
Withdrawal of application or reply
18. (1) A party may withdraw his application
or reply by giving notice in writing to the secretary at any time before the
hearing and on receipt of such a notice the secretary shall forthwith notify
all other parties.
(2) Where a reply is withdrawn the tribunal may, expect
in a drainage case, decide to make an order in the terms of the application without
a formal hearing.
(3) If, on the withdrawal of an application or reply,
it appears to the chairman that the case is a proper one for the award of costs
under the power conferred by section 5 of the Agriculture (Miscellaneous Provisions)
Act 1954, he shall cause the tribunal to be convened for the purpose of determining
whether costs should be awarded, and the secretary shall give to all parties
not less than seven days' notice of the date, time and place appointed for that
purpose.
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