15/11/1932: The Labourers (Acquisition Of Land) (Forms) Order, 1932.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE LABOURERS (ACQUISITION OF LAND) (FORMS) ORDER, 1932.

The Minister for Local Government and Public Health in exercise of the powers vested in him by section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 , and by the Third Schedule to the said Act does hereby prescribe as follows, that is to say:—

1. This Order may be cited as the Labourers (Acquisition of Land) (Forms) Order, 1932.

2. The Interpretation Act applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the 1st day of January, 1924.

3. The forms set out in the Schedule to this Order or forms substantially to the like effect shall in relation to boards of health acting in the execution of the Labourers Acts, 1883 to 1931, be the prescribed forms for the purposes of the Third Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932 , and of section 17 of the Housing (Miscellaneous Provisions) Act, 1931 , as applied to compulsory purchase orders made under section 20 of the first mentioned Act in the cases to which the said forms are respectively expressed to be applicable.

GIVEN under the Official Seal of the Minister for

Local Government and Public Health this

Fifteenth day of November, One Thousand

Nine Hundred and Thirty-two.

(Signed) SEÁN T. O CEALLAIGH,

Minister for Local Government

and Public Health.

FORM No. 1.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER.

FORM OF COMPULSORY PURCHASE ORDER MADE FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1931, AS AMENDED BY THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

The ¹

(hereinafter referred to as the Board) hereby makes the following order—

1. Subject to the provisions of this Order the Board are hereby authorised to purchase compulsorily for the purposes of the Labourers Acts, 1883 to 1931, as amended by the Housing (Financial and Miscellaneous Provisions) Act, 1932 , the lands of the County Health District of         described in the Schedule hereto which lands are coloured           on a Map consisting of Ordnance Sheets marked ²          and sealed with the common Seal of the Board and deposited at the Offices of the Board.

2. Subject to any necessary adaptations the provisions of:—

(a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845) as amended by the provisions contained in the Labourers Acts, 1883 to 1931:

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 ,

as modified by the Third Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932 , in the case of compulsory purchase orders made for the purposes of the Labourers Acts, 1883 to 1931, are hereby incorporated in this Order and the provisions of those Acts shall apply accordingly.

4. This Order may be cited as the ³

Order, 19 .

THE SCHEDULE ABOVE REFERRED TO

Insert:— DIRECTIONS FOR FILLING UP THIS FORM.

¹ Name of board of health.

² Heading of Map which should be identified by a heading in the terms of the short title of this Order.

³ Suitable short title.

⁴ Names of district electoral divisions should be arranged in alphabetical order.

GIVEN under the Seal of the ¹    this    day of      19 .

Form 2.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSE OF THE LABOURERS ACTS, 1883 to 1931, AS AMENDED BY THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

Notice is hereby given that the ¹

in pursuance of the powers vested in them by the above-mentioned Acts on the day of   , 19 , made an order which will be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purposes of the said Acts the lands described in the Schedule hereto.

A copy of the said Order and of the Map referred to therein has been deposited at²   and may be seen at all reasonable hours.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this     day of       , 19.

Signature of Secretary

....................................

¹...................................

Insert:

¹ Name of board of health.

² Description of place of deposit.

Form 3.

FORM OF NOTICE TO OWNERS, LESSERS AND OCCUPIERS OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1931, AS AMENDED BY THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

THE LABOURERS ACTS, 1883 TO 1931, AS AMENDED BY THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 .

To ¹                    Owner

Lessee

of ² Occupier

Take Notice that the ³                 in pursuance of the powers vested in them by the above-mentioned Acts on the   day of     , 193 , made an Order which is about to be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purposes of the said Acts the lands described in the Schedule hereto.

A copy of the said Order and of the map referred to therein has been deposited at       and may be seen at all reasonable hours.

Any objection to this Order must be made in writing stating the grounds of your objection and addressed to the Minister for Local Government and Public Health, Custom House, Dublin, before the*    day of   , 19  .

The Acts provide that if no objection is duly made by any person upon whom notices are required to be served, or if all objections are withdrawn, or if the Minister is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed the Minister may, if he thinks fit, confirm the Order with or without modification; but in any other case he shall, before confirming the Order, cause a public local inquiry to be held, and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the Order either with or without modification.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this       day of            , 19 .

Signature of Secretary

.................................

³...........................................

DIRECTIONS FOR FILLING UP THE FORM.

Insert:

¹ Name, address and description.

² Description of property.

³ Name of board of health.

* Here insert a date not less than fourteen clear days from the service of notice.

Form 4.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE LABOURERS ACTS, 1883 TO 1931, AS AMENDED BY THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932 , CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE LABOURERS ACTS, 1883 TO 1931, AS AMENDED BY THE HOUSING

FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932.

¹ Order

Notice is hereby given that the Minister for Local Government and Public Health in pursuance of the powers vested in him by the Housing (Financial and Miscellaneous Provisions) Act, 1932 , on the    day of   19  , confirmed (with modifications) an order submitted to him by the ²

(hereinafter called the Board) authorising the Board to purchase compulsorily for the purposes of the above-mentioned Acts the lands described in the Schedule hereto.

A copy of the Order and of the map referred to therein has been deposited at

    and may be seen at all reasonable hours.

The Order will become operative at the expiration of three weeks from the date of this advertisement, but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of the Act or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with, quash the Order either generally or in so far as it affects any property of the applicant.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this      day of    , 19  .

Signature of Secretary ..........................

........................................

².........................................

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:

¹ Short title of Order.

² Name of Board of Health.