Land Purchase Act

• Statutory Instrument No.: 907/1927

IRISH LAND COMMISSION PROVISIONAL RULES UNDER - PROVISIONAL RULES

CONTENTS

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ORDERS.

Number Subject Matter Page I. Compounded Arrears of Rent 1 II. Building Ground 2 III. Stud Farms 2 IV. Fee Farm Grants 3 V. Orders for Possession 3 VI. Correction of errors in Final Lists 4 VII. Notice to Owners of land after inspection 5 VIII. Discontinuing Proceedings 5 IX. Standard Purchase Annuity 5 X. Turbary Rights 5 XI. Committee Cases 6 XII. National Land Bank Cases 6 XIII. Vesting of holdings of tenants of the Land Commission 7 XIV. Retained Holdings 8 XV. Time and Forms 8 XVI. Officers 8

APPENDIX

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FORMS.

Number Subject Matter Page 57 Application under Section 7 to subdivide a holding having value or utility as building ground 11 58 Notice of Appeal to the Judicial Commissioner (Section 9) 12 59 Application under Section 11 for a declaration that a parcel of untenanted land held under a Fee Farm Grant, renewable lease, or lease for a long term, should vest in the Land Commission 13 60 Notice of Appeal to the Judicial Commissioner (Section 11) 14 61 Notice of Appeal to the Judicial Commissioner (Section 40) 14 62 Application for the purchase and re-sale of a Committee Case (Section 42) 15 63 General Notice to Claimants in Committee cases 17 64 Application for refund of Deposit (Section 48) 18 65 Claim for payment out of funds lodged to the credit of the Land Act, 1923 (Part III.) Fund 19 66 Notice of intention of the Land Commission to declare a tenant to be the purchaser of a holding (Section 53) 20 67 Objection of a tenant to the Land Commission declaring him to be the purchaser of a holding 20 68 Notice of Appeal to the Judicial Commissioner (Section 53) 21

DIRECTIONS.

Subject Matter Page 1. Total Purchase Money not exceeding £100 23 2. Total Purchase Money not exceeding £200 to £300 23 3. Chamber Applications 23

IRISH LAND COMMISSION

PROVISIONAL RULES

UNDER

THE LAND PURCHASE ACTS

24th day of August, 1927

It is this day ordered by the Irish Land Commission, in pursuance of the powers conferred by sub-section 6 of section 29 of the Purchase of Land (Ireland) Act, 1891, section 76 of the Land Act, 1923 , section 57 of the Land Act, 1927 , and of every other power the said Commission thereunto enabling, and after consultation with the President of the Incorporated Law Society of Ireland, that the following General Rules and Orders shall, from and after this date and until further order, take effect and be in force in relation to proceedings under and in pursuance of the Land Purchase Acts, as defined by the Land Act, 1923 , and the Land Act, 1923 , the Land Bond Act, 1925 , the Land Act, 1926 , and the Land Act, 1927 , as supplemental to and amending the Provisional Rules dated respectively the 5th February, 1924, the 30th April, 1925, and the 27th September, 1926.

ORDER I. COMPOUNDED ARREARS OF RENT.

Section 2.

Land Commission to prepare certificate and notify parties.

1. The Land Commission shall prepare a certificate specifying the amount of Compounded Arrears of Rent to be added to the purchase money of any holding. The certificate shall be lodged in the Registrar's Office and shall be open to inspection during Office hours. A copy of the said certificate shall be transmitted by the Land Commission through the post to the landlord and tenant of the holding, in so far as their addresses may be known, or to the solicitors for such of them as may be represented by solicitors.

Objection to certificate.

2. Any interested person may, within fourteen days from the date of lodgment of the certificate, lodge in the Registrar's Office an objection to the certificate. All such objections shall be in writing, signed by the person objecting or his solicitor. An objection when lodged shall be set down for hearing before the Judicial Commissioner on the first available day upon notice to such persons as he may direct.

Entry of appearance in respect of.

3. Any person claiming to be interested in the sum to be added to the purchase money of an estate for Compounded Arrears of Rent, shall be at liberty to enter an appearance, either personally or by his solicitor, for the purpose of being served with notice of all dealings with such sum. The Rules under Order V. of the Provisional Rules, dated 5th February, 1924, shall apply to such appearances.

ORDER II. BUILDING GROUND.

Section 7.

Application to Judicial Commissioner to sub-divide a holding.

1. An application to the Judicial Commissioner under section 7 of the Land Act, 1927 , for an Order that a holding having value or utility as building ground should be subdivided and the rent thereof apportioned and that the part of the holding having such value or utility should be treated as a separate holding to which the Land Act, 1923 , does not apply, and that the remainder of the holding should be treated as a separate holding to which the Land Act, 1923 , does apply shall be on Form 57, shall be verified by the affidavit of the applicant, and shall be accompanied by a portion of the Ordnance Survey Map on which shall be shown in colour the boundary of the whole holding and of the part in respect of which the application is made, and shall be filed in the Registrar's Office.

Mode of application.

2. The application shall be made by motion on notice. The notice shall be served, not less than fourteen days before the date of hearing, on the landlord and on all persons named in the application as being interested in the lands.

ORDER III. STUD FARMS.

Section 9.

Objection to retention of a holding claimed to be a stud Farm.

1. At any time within one month after the service of the notice prescribed by Rule 1 of Order XV. of the Provisional Rules dated 5th February, 1924, the tenant of a retained holding, included in such list, who claims that his holding is used as a Stud Farm within the meaning of Section 9 of the Land Act, 1927 , may lodge in the Purchase Branch an objection in writing, signed by him, to his holding being so retained, on the ground that it comes within the provisions of sub-section (2) of that section.

Not less than ten days' notice of hearing of objection to be given.

2. Not less than ten days' notice of the hearing of the objection under the foregoing rule shall be served by the Land Commission personally, or by registered post, on the objector, and all other persons appearing to them to be interested, or their respective solicitors.

Appeal to the Judicial Commissioner.

3. Any person wishing to appeal to the Judicial Commissioner from an Order of the Land Commission on an objection under Rule I. of this Order shall, within fourteen days of the date of such Order, serve Notice of Appeal on the other interested parties, which Notice may be in Form 58, and within ten days from the date of such service, or the last of such services, if more than one, lodge with the Registrar a copy of the Notice of Appeal endorsed with the time and mode of service on the interested parties.

ORDER IV. FEE FARM GRANTS

Section 11.

Application under section 11.

1. An application by the Owner of a parcel of untenanted land situate in a non-congested districts county, which is held under a fee farm grant, lease for lives or years renewable for ever, or lease for a term of years of which sixty or more were unexpired at the date of the passing of the Land Act, 1923 , for an order declaring that the parcel shall vest in the Land Commission on the appointed day in like manner as if the parcel were situate in a congested districts county, shall be in Form 59, and shall be verified by the affidavit of the Owner, and shall be accompanied by a portion of the Ordnance Survey Map, showing in colour the external boundary of the parcel, and shall be filed in the Purchase Branch.

Land Commission to transmit notice of filing of application.

2. When the application has been filed, the Land Commission shall transmit notice of such filing to the persons appearing from the application to be interested in the parcel, either as owners of superior interests or otherwise, or to his or their Solicitor or Solicitors.

Not less than ten days' notice of the hearing of application to be given.

3. Not less than ten days' notice of the hearing of the application shall be served by the Land Commission on the applicant and on the other persons appearing to be interested in the application.

Appeal to Judicial Commissioner.

4. Any person wishing to appeal to the Judicial Commissioner from an Order of the Land Commission, on the hearing of an application under the foregoing rules, shall, within fourteen days of the date of such Order, serve notice of appeal on the other interested parties, which notice may be in Form 60, and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties.

Objections to Provisional List to be lodged within one month or to be dealt with on the hearing of the application.

5. If the declaration has been made and no appeal has been taken therefrom, or if the declaration be confirmed on appeal, the Land Commission shall publish a Provisional List of the lands, to which objections may be lodged within one month after the publication. Any objection to the Provisional List which could be dealt with on the hearing of the application, shall be made at that hearing, and not by way of objection to the List.

ORDER V. ORDERS FOR POSSESSION.

Application by a tenant under...