S.I. No. 907/1927 - 24/08/1927: The Land Purchase Act

IRISH LAND COMMISSION PROVISIONAL RULES UNDER - PROVISIONAL RULES

CONTENTS

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ORDERS.

APPENDIX

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FORMS.

DIRECTIONS.

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 section 14 for an order to put him in possession.

1. Where the tenant claims to be entitled to be reinstated in a holding under section 14 of the Land Act, 1927 , he may apply to the Judicial Commissioner by motion on notice, for an order to the Under-Sheriff to put him in possession of the holding. The application shall be supported by an affidavit showing that the holding is one to which the provisions of the section apply and that two years' rent or such less sum as may be due in respect of arrears of rent, together with the landlord's costs of the ejectment proceedings, has been lodged in Court, and that he has not been reinstated in the holding.

Application under section 19 for order to put nominee of the Land Commission in possession.

2. The Land Commission, when entitled to enter upon and take possession of lands vested in them, may apply to the Judicial Commissioner by motion on notice for an order to the Under-Sheriff to put a person nominated by them in possession of the said lands or any part thereof, upon production to the Registrar of an affidavit showing that the lands were vested in them, that the vesting was not subject to any tenancies and that possession of the lands was demanded and refused.

Application under section 37 for order to put nominee of the Land Commission in possession.

3. An application for an Order to the Under-Sheriff to put a person nominated by the Land Commission in possession of a holding, in pursuance of section 37 of the Land Act, 1927 , should be made by the Solicitor to the Land Commission to the Judicial Commissioner, by motion on notice, and shall be supported by an affidavit showing that the Land Commission is entitled to cause the holding to be sold, that they had put it up for sale by public auction, and that it had not been sold. Where the holding has been put up for sale by reason of the non-payment of an annuity, this fact shall also be deposed to in the affidavit.

Service of notices.

4. The notice shall be served upon every person in the actual occupation of the holding, or any part thereof, not less than ten clear days before the day on which the motion is to be moved, and upon such other persons as the Judicial Commissioner may direct, and the affidavit of service of such notice shall state that the deponent does not know of any person other than those who have been served who are in actual occupation of the holding or any part thereof.

Amendment of O. XXXVII r. 3, Rules of 5th February, 1924.

5. Rule 3 of Order XXXVII. of the Provisional Rules, dated 5th February, 1924, is hereby amended by substituting the words " ten clear days " for the words " four clear days. "

Order to be signed by the Registrar and sealed.

6. The Order for possession shall be signed by the Registrar and sealed with the seal of the Land Commission and the delivery thereof to the Under-Sheriff shall be sufficient authority to him to execute the same forthwith.

ORDER VI. CORRECTION OF ERRORS IN FINAL LISTS.

Section 17.

Application for, before the appointed day

1. An application to correct an error in a Final List, before the appointed day, shall be made to the Land Commission (other than the Judicial Commissioner) on notice to all persons who would be affected by such correction, and such notice shall specify the correction sought. When, however, the error is of a clerical nature, or the person or persons who would be affected by the correction are consenting parties, the service of notice may be dispensed with, provided that the Land Commission, before the appointed day may correct an error in a Final List, as prescribed by this Rule, even though no application has been made to them for that purpose.

Application for, after the appointed day.

2. An application to correct an error in a Final List after the appointed day, shall be made to the Judicial Commissioner under the existing Rules applicable to the correction of errors in a Vesting Order or Fiat in lieu thereof.

ORDER VII. NOTICE TO OWNERS OF LAND AFTER INSPECTION.

Section 23.

1. The time within which the Land Commission shall notify the persons appearing to be the Owners of lands which they have caused to be inspected in order to ascertain the particulars thereof for the purposes of the Land Purchase Acts of the decision come to by them in respect of the lands shall be two months from the date of such decision.

ORDER VIII. DISCONTINUING PROCEEDINGS.

Section 24.

1. The time within which the Land Commission shall notify their intention of withdrawing from the purchase of untenanted land or from the resumption of a retained holding shall be two months from the date on which the price, or compensation as the case may be, has been fixed by the Judicial Commissioner.

ORDER IX. STANDARD PURCHASE ANNUITY.

Section 25.

1. When the Land Commission is not satisfied that a holding is security for the Standard Purchase Annuity which has been agreed on by the landlord and tenant under Part II. of the First Schedule to the Land Act, 1923 , notice of their intention to fix the Standard Purchase Annuity of the holding shall be sent by the Land Commission by registered post to the landlord and tenant of the holding or their respective solicitors.

ORDER X. TURBARY RIGHTS.

Section 40.

Notice of compensation to be awarded by the Land Commission.

1. When the Land Commission have let or sold turbary rights vested in them under section 40 of the Land Act, 1927 , they shall send notice of the amount of compensation to be awarded under the section by registered post to the persons appearing to them to be entitled thereto.

Appeal to the Judicial Commissioner.

2. A person wishing to appeal to the Judicial Commissioner from a decision of the Land Commission, fixing the amount of compensation, shall within one month from the date of the said notice lodge a notice of appeal, which may be on Form 61, with the Registrar.

ORDER XI. COMMITTEE CASES.

Section 42.

Form of application to be supplied by the Land Commission.

1. For the ascertainment of lands to be purchased and re-sold under section 42 of the Land Act, 1927 , an application in Form 62 shall be supplied by the Land Commission to such persons as appear to be the Owners or Occupiers of the land or to their Solicitor. Such form, when completed shall be lodged in the purchase Branch within one month from its receipt by the applicant, together with a receipt showing the lodgment in the Records Office of all such documents as may be required by the Land Commission to be lodged so far as same are available.

Production and lodgment of deeds.

2. Any person having custody of any deed or document relating to the said lands, shall, subject as provided by Order XVIII., Rule 2, of the Provisional Rules under the Land Purchase Acts, dated 5th February, 1924, be bound to produce or lodge the same in Court upon being served by registered post with Notice to do so by the Registrar, and such Notice shall be accepted by the person on whom it has been served as if same was an order of the Court, obtained under Order XVIII., Rule 3, of the said Provisional Rules.

Abstract of title only to be lodged when required by Examiner.

3. An abstract of Title to said lands shall not be prepared or lodged unless it is required by the Examiner.

Publication and service of Final Notice to claimants.

4. A Final Notice in Form 63, or in such other Form as may be sanctioned by the Judicial Commissioner when signed by the Examiner shall be published and served according to his directions ; such Notice shall set out all claims so far as same may have been ascertained, which in the opinion of the Examiner should be set out on the Allocation Schedule for the distribution of the purchase money under sub-section (2) of section 42 of the Land Act, 1927 , and all persons who may have claims which have been omitted from the said Notice, and which they desire should be set out on the said Schedule, shall, within fourteen days of the publication or service of the said Notice, lodge particulars of the claims in the Registrar's Office.

The said Notice shall fix a date (not less than one month from the date of its publication or service) for the final settlement and vouching of the said Schedule.

Preparation of Allocation Schedule and Final Notice.

5. The said Allocation Schedule and the said Final Notice shall be prepared in the Land Commission, unless the Examiner may require the Solicitor for the applicants to do so.

Ruling of Allocation Schedule.

6. On the completion of the vouching of the said Schedule the Examiner will fix a date for its ruling by the Judicial Commissioner.

ORDER XII. NATIONAL LAND BANK CASES.

Sections 43 to 47.

Time for applying for repayment of deposit and Form of Application.

1. Applications for repayment of the deposit, or any part thereof, under section 45 (1) of the Land Act, 1927 , shall be made within twelve months from the passing of said Act, on Form 64, which will be supplied to an applicant by the Land Commission, on receipt of a written request.

Applications to be referred to an Examiner.

2. Applications, when completed, will be referred to an Examiner, who may require such additional proofs to be furnished in support of the applicant's claim, as may appear necessary.

Proof of claim.

3. An application by a claimant other than an original contributor towards the deposit should be accompanied by an affidavit made by the claimant in proof of his claim and by such documents as are necessary to show the derivation of his interest in the deposit from the original contributor.

Applications when certified by Examiner to be considered by Land Commission.

4. Applications when certified by the Examiner will be thereupon considered by the Land Commission, who will make such Order thereon as the justice of the case may require.

Time for claiming payment out of the Land Act 1923 (Part III) Fund and form of claim.

5. Claims for payment out of the Land Act, 1923 (Part III.) Fund, under Section 47 of the Land Act, 1927 , shall be made within twelve months from the passing of that Act, and shall be made on Form 65, which will be supplied to the applicant by the Land Commission on receipt of a written request.

The said Form, when completed by applicant, should be lodged with the Registrar of the Land Commission.

Claims to be referred to an Examiner.

6. All claims will be referred to an Examiner, who will make such enquiries and require such additional proofs to be furnished in support of the applicant's claim as may appear necessary, and in the event of the Examiner being unable to certify as to the validity of any claim, he may list the claim for ruling by the Judicial Commissioner.

ORDER XIII. VESTING OF HOLDINGS OF TENANTS OF THE LAND COMMISSION.

Section 53.

Notice to tenant, who has refused an offer, of intention to make an order declaring him a purchaser.

1. Notice to a tenant of a holding on an Estate purchased by the Congested Districts Board, who has refused an offer of the Land Commission to sell to him the holding, or a new holding in exchange for the holding, that the Land Commission intends to make an Order under Section 53 of Land Act, 1927 , declaring him to be the purchaser of such holding, shall be in Form 66, with such variations as the nature of the case may require, and shall be served on the tenant personally or by registered post.

Objection by tenant to such order.

2. An objection by a tenant of a holding to the Land Commission making an order under Section 53 of the Land Act, 1927 , declaring him to be the purchaser of the holding or of the new holding in exchange for the holding, shall be in writing in Form 67, and shall be lodged in the Purchase Branch within fourteen days of the date of the service of the notice of intention to make such order. The Land Commission may either dispose of the objection or may list it for hearing, giving due notice to the objector or his solicitor personally or by registered post.

Appeal to the Judicial Commissioner.

3. A tenant of a holding wishing to appeal to the Judicial Commissioner from an order made under Section 53 of the Land Act, 1927 , declaring him to be the purchaser of the holding or of a new holding in exchange for the holding, shall, within fourteen days from the date of such order, lodge with the Registrar a notice of appeal in Form 68.

ORDER XIV. RETAINED HOLDINGS.

O. XV. r. 2 of Rules of 5th February, 1924, rescinded.

1. Rule 2 of Order XV. of the Provisional Rules dated 5th February, 1924, is hereby rescinded.

Notice of intention to resume to be served on the tenant.

2. Notice of the intention of the Land Commission to apply to the Judicial Commissioner for an order authorising the resumption of the whole or any part of a retained holding shall be served upon the person appearing to be in occupation of the holding as tenant either personally or by registered post.

Time for objection.

3. At any time within one month from the service of the notice prescribed by the preceding rule, the tenant of the holding may lodge in the Purchase Branch an objection in writing, signed by him, to such application being made, setting forth the grounds of his objection.

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

4. Not less than ten days' notice of the hearing of the objection shall be served by the Land Commission personally or by registered post on the objector or his Solicitor.

ORDER XV. TIME AND FORMS.

Power to enlarge or abridge time.

1. The Judicial Commissioner, or the Land Commission in cases not within the exclusive jurisdiction of the Judicial Commissioner, shall have power to enlarge or abridge the time appointed by these Rules and Orders, or fixed by an Order for doing any act, or taking any proceedings upon such terms, if any, as the justice of the case may require, and any such enlargement may be applied for and ordered after the expiration of the time appointed.

Variation of Forms.

2. The several Forms in the Appendix may, when necessary, be adapted or varied to suit a particular case, and any of such Forms may from time to time, be varied or cancelled and new Forms substituted by the Land Commission.

ORDER XVI. OFFICERS.

Order II. of the Provisional Rules dated 5th February, 1924, is hereby rescinded.

W. E. WYLIE.

T. HOGAN.

KEVIN R. O'SHIEL.

APPENDIX

FORMS

FORM 57.

APPLICATION UNDER SECTION 7 TO SUBDIVIDE A HOLDING HAVING VALUE OR UTILITY AS BUILDING GROUND.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .

1. That he holds the lands described in the First Schedule hereto, and shown on the Map hereto annexed as tenant to the said Owner at the rent and on the tenure therein stated.

2. That by Order of the Judicial Commissioner dated the      day of       19 , the said holding was excluded from the operation of sub-section (1) of section 24 of the Land Act, 1923 , by reason of its potential or actual value or utility for building ground.

And the said            hereby applies to the Court for a declaration that that part only of the lands comprised in the holding described in the Second Schedule hereto, or as may be determined by the Court, possesses a potential or actual value or utility for building ground and for an Order that the said holding be sub-divided and the rent thereof apportioned between the lands described in the Second Schedule hereto, or as may be determined by the Court, and the remainder of the holding, that the lands described in the Second Schedule hereto or as may be determined by the Court shall be treated as a separate holding at the rent apportioned thereon to which the Land Act, 1923 , does not apply, and subject as is provided by section 7 of the Land Act, 1927 , and that the remainder of the holding shall be treated as a separate holding at the rent apportioned thereon to which the Land Act, 1923 , does apply.

FIRST SCHEDULE.

THE HOLDING.

SECOND SCHEDULE.

Part of holding in respect of which declaration is asked :—

AFFIDAVIT.

I, the said            make oath and say as follows :—

I have read the foregoing application and the schedules annexed thereto, and the same are true and correct in every particular to the best of my knowledge, information and belief.

Sworn, &c.

FORM 58.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 9.

aggrieved by the Order of the Irish Land Commission dated the    day of        19  , disallowing his objection to his holding, claimed to be used as a Stud Farm, being retained and requires the matter to be heard and determined by the Judicial Commissioner.

(Signature of appellant or his solicitor).

FORM 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.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 11.

That he is the owner of the parcel of untenanted land situate in a non-congested districts county described in the Schedule hereto and shown on the Map annexed held at the rent and on the tenure therein stated.

That he is in bona-fide occupation of the said parcel and uses and cultivates the same as an ordinary farmer, in accordance with proper methods of husbandry.

And the said           submits that the rent payable by him in respect of the said parcel, equals or exceeds what would have been a fair rent if the said parcel had been a holding subject to a 3rd term judicial rent on the 9th day of August, 1923.

And the said           hereby applies to the Land Commission for a Declaration pursuant to sub-section (1) of Section 11 of the Land Act, 1927 , that the said 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.

And the said           further applies that on the parcel becoming vested in the Land Commission it may be resold to him pursuant to the provisions of section 32 of the Land Act, 1923 , and hereby undertakes to purchase the said parcel at the price thereof and to pay in cash to the Land Commission the difference, if any, between the amount to be advanced for the purpose of the purchase and the said price.

SCHEDULE.

AFFIDAVIT.

I, the said                make oath and say as follows :

I have read the foregoing application and the schedule annexed thereto, and the same are true and correct in every particular to the best of my knowledge, information and belief.

Sworn, &c.

FORM 60.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 11.

FORM 61.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 40

FORM 62.

APPLICATION FOR THE PURCHASE AND RESALE OF A COMMITTEE CASE.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1923 .—SECTION 42.

We hereby apply that the lands the particulars whereof are set out in the First Schedule hereto may be purchased and re-sold by the Land Commission, pursuant to the provisions of Section 42 of the Land Act, 1927 .

Strike out words not applicable.

1. We are the Owners of the said Lands having purchased same within ten years before the passing of the said Act on our own behalf or on behalf of           who we claim were " suitable " persons within the meaning of the said Section.

2. The said lands are held by the tenure mentioned in the said First Schedule, and are subject to the superior interests (if any) therein referred to.

3. In the Second Schedule hereto are set out all title deeds and other documents relating to the said lands so far as same are available for lodgment by us or our Solicitor in the Records Office of the Land Commission.

4. We believe that all remaining deeds and documents (as set out in the third Schedule hereto) relating to the said lands which were handed over by the Vendor, or produced at the time we purchased the said lands, are in the custody of

5. We have set out in the Fourth Schedule hereto, to the best of our knowledge and belief, the names and addresses of all persons who will have claims against the purchase money of the said lands (other than owners of superior interests referred to in the First Schedule) and short particulars of the nature of their claims.

Strike out words not applicable.

6. The lands are (not) subject to a Land Purchase Annuity of £    Collection No.    ; and the Title to said lands is registered in the Land Registry. County      Folio       

7. We have set out in the Fifth Schedule hereto, the names and addresses of the persons who are now in actual occupation of parcels of the said lands.

FIRST SCHEDULE REFERRED TO IN FOREGOING APPLICATION.

SECOND SCHEDULE REFERRED TO IN THR FOREGOING APPLICATION.

Deeds and other documents lodged by applicants relating to their titles to said lands.

PARTICULARS OF DOCUMENTS.

Give short particulars of all documents, viz. : original or copy Deeds, Abstracts of Title, Requisitions on Title and Replies. Statutory Declarations relating to former Vendor's title, Certificates as to Estate Duties, and all other deeds or documents which may assist the Examiner to rule on Title.

THIRD SCHEDULE REFERRED TO IN FOREGOING APPLICATION.

Names and addresses of persons in whose custody title deeds and documents relating to the lands herein are held.

Short particulars of the deeds and documents so held, &c.

FOURTH SCHEDULE REFERRED TO IN THE FOREGOING APPLICATION.

DIRECTION.

In this Schedule should be set out not only claims legally secured against the lands, such as legal or equitable mortgages, unpaid purchase money, &c., but also claims which will arise under Section 42 (2) of the Act, viz. ; " Claims of all persons who may have lent or secured the loan of money or any part thereof paid or agreed to be paid when the lands were purchased. "

FIFTH SCHEDULE REFERRED TO IN FOREGOING APPLICATION.

NAMES AND ADDRESSES OF OCCUPIERS OF THE LANDS IN THE FIRST SCHEDULE.

FOR OFFICIAL USE ONLY.

Certificate of Examiner as to Title and as to persons on whom Final Notice to Claimants should be served.

Requisitions for Quit Rent, Tithe Rent Charge and Board of Works Certificate, issued through the Examiners' Office :—

FORM 63.

GENERAL NOTICE TO CLAIMANTS IN COMMITTEE CASES.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 (SECTION 42).

Whereas the above-named

have applied to the Irish Land Commission to purchase and resell the lands of

          situate in the Barony of           , and County of

            , pursuant to Section 42 of the said Act, and Whereas the Allocation Schedule for the distribution of the purchase money (when advanced) of the said lands has been drafted, and the claims as set out in the Schedule to this Notice have been entered thereon as claims which will attach to the said purchase money, subject to proof, Take Notice that any person having any claim not set out on the Schedule to this Notice is required to lodge with the Registrar of this Court, on or before the    day of         , 19 , particulars of the claim which he desires to be entered on the said Allocation Schedule.

And Take Notice that I have fixed     day, the     day of        , 19 , at    o'clock, for the final settlement of the said Allocation Schedule and for the vouching of the several claims entered thereon, and all parties interested should attend before me on that day with the necessary proofs to vouch their respective claims. Any interest or arrears claimed should be calculated up to the    day of       , 19 .

And further Take Notice that when such vouching has been completed, I shall fix the date upon which all interested parties should attend before the Judicial Commissioner, at his Court, when he will adjudicate upon the several claims appearing on the said Allocation Schedule, and upon any objections raised thereto which have been notified to me on the said vouching.

Dated this     day of           , 19 .

Examiner,

93 Merrion Square, Dublin.

To the solicitors for the said applicants.

SCHEDULE OF CLAIMS REFERRED TO IN ABOVE NOTICE.

Let this Notice be served               through the Notice Office on the parties named in the said Schedule, and also on                , and be published in the following papers, viz. :—

Examiner.

FORM 64.

APPLICATION FOR REFUND OF DEPOSIT UNDER SECTION 45 (1) OF THE LAND ACT, 1927 .

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 45(1).

CO-OPERATIVE FARMING SOCIETY.

County

Fill in name of original contributor.

1. I/We hereby apply that the sale may be directed of so much of the 5% Irish Free State National Loan held by the Land Commission as now represents the sum of £     , contributed by   towards the deposit in above Estate, and that the proceeds of such sale, together with such interest as has been received by the Land Commission on the stock so sold, may be paid to me/us, or to

Adapt paragraph according to the facts.

2. (a) I am/We are the original contributor(s) of the said sum of £     towards the deposit, and the said sum was paid out of my/our own moneys

or

was paid out of moneys advanced by way of loan to me/us by

            of

Here state whether whole or part of loan is still outstanding.

(b) I am/We are (not) member(s) of the above-named Society.

(c) I am/We are (not now) in occupation of plot        on the lands comprised in this Estate        and I was/We were never in occupation of plot     on the said lands.

Or (as the case may be), I was/We were in occupation of plot     on the said lands from the      day of          , 19  , to the    day of           , 19 .

Variation when Applicant derives from a contributor.

2. The original contributor(s) of said sum of £                 was/were of

and I/We claim to have derived the right to make this application from him/them under the documents and in the events which have happened as set out in the affidavit of

lodged herewith.

FOR OFFICIAL USE ONLY.

NAMES OF CONTRIBUTORS TO THE DEPOSIT AS SUPPLIED BY THE SOCIETY.

NOTICES (IF ANY) RECEIVED OF CLAIMS AGAINST THE DEPOSIT.

FORM 65

CLAIM FOR PAYMENT OUT OF FUNDS LODGED TO THE CREDIT OF THE LAND ACT, 1923 (PART III), FUND.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 47 (2).

CO-OPERATIVE FARMING SOCIETY.

County

I,                                  , of                                    , claim to be paid the sum of £               out of the Land Act, 1923 (Part III), Fund under the following circumstances :—

1. Here state the particular sum lodged by the Land Commission to credit of said Fund against which applicant claims.

2. Here briefly state the circumstances under which the Land Commission received this sum.

3. Here state nature and particulars of applicant's claim for recoupment. If such particulars cannot be briefly here stated, a separate and detailed statement should be annexed or incorporated in an affidavit made by the applicant to be lodged herewith.

For Official Use Only.

Certificate of Accountant of the Land Commission as to funds against which above claim is made :—

FORM 66.

NOTICE OF INTENTION OF THE LAND COMMISSION TO DECLARE A TENANT TO BE THE PURCHASER OF A HOLDING.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 53.

Estate of the Irish Land Commission, formerly the Estate of

To                                ,

of                                .

Take Notice that unless cause to the contrary be shown within one month from the date hereof, the Irish Land Commission may make an Order declaring you to be the purchaser of the lands described in the Schedule hereto at the price and upon the terms and conditions specified in the offer to sell the said lands to you, dated     day of             , 19  , which offer you have refused.

Secretary.

SCHEDULE.

N.B.—An objection by a tenant to the Land Commission declaring him to be the purchaser of a holding under Section 53 of the Land Act, 1927 , should be in writing in Form 67, and shall be lodged in the Purchase Branch of the Land Commission within one month of the date of the service of the Notice of Intention to make such Order.

FORM 67.

OBJECTION BY A TENANT TO THE LAND COMMISSION DECLARING HIM TO BE THE PURCHASER OF A HOLDING.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 53.

Estate of the Irish Land Commission, formerly the Estate of

                 of                , hereby objects to the Irish Land Commission making an Order declaring him to be the purchaser of part of the lands of            , situate in the Barony of          , and County of        and containing A. R. P., Statute Measure, in accordance with the Notice from the said Commission served on him and dated the     day of          , 19 .

The reasons for the objection are as follows :—

(Here state the reasons fully.)

(Signature of objector or his solicitor.)

FORM 68.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1927 .—SECTION 53.

Estate of the Irish Land Commission, formerly the Estate of

                of                 , is aggrieved by the Order of the Irish Land Commission, dated the      day of       , 19 , declaring him to be the purchaser of part of the lands of            , situate in the Barony of         , and County of          , and containing A. R. P., Statute Measure, and requires the matter to be heard and determined by the Judicial Commissioner.

(Signature of appellant or his solicitor.)

To the Registrar of the Irish Land Commission.