Mines and Minerals Act, 1931 - Provisional Rules

PROVISIONAL RULES AND FORMS ISSUED BY THE IRISH LAND COMMISSION 07/10/1932:

MINES AND MINERALS ACT, 1931 - PROVISIONAL RULES

the 7th day of October, 1932.

IRISH LAND COMMISSION.

The Irish Land Commission, in exercise of the power in that behalf conferred by section 2 of the Rules Publication Act, 1893, hereby certifies that on account of urgency the Rules set forth in the Schedule hereto should come into immediate operation, and hereby orders that the said Rules shall come into operation forthwith as Provisional Rules and continue in force until Rules shall have been made in accordance with the provisions of the above-mentioned Act.

Dated this 7th day of October, 1932.

The Schedule referred to.

MINES AND MINERALS ACT, 1931 .

RULES MADE BY THE IRISH LAND COMMISSION UNDER SECTION 4 of THE MINES AND MINERALS ACT, 1931 .

The 7th day of October, 1932.

IT IS this day ordered by the Irish Land Commission in pursuance of the powers conferred by section 4 of the Mines and Minerals Act, 1931 , and of all other powers them thereunto enabling, that the following Rules shall on and after this date, and until further order, take effect and be in force in relation to proceedings under the said section.

Construction of terms.

1. In these Rules the expression "the Act" means the Mines and Minerals Act, 1931 ; the expression "the Minister" means the Minister for Industry and Commerce; the expression "Land Commission" means the Irish Land Commission; the expression "Land Commissioners" means the Irish Land Commissioners other than the Judicial Commissioner; the expression "the Registrar" means the Registrar of the Irish Land Commission.

Service.

2. Unless otherwise provided for in these Rules, service of notices and other documents under these Rules upon any Government Department shall be effected by sending the notice or document by post to the Secretary of the said Department; service upon any Corporation or Company shall be effected by sending the notice or document by post to the principal place of business of that Corporation or Company, or if such principal place is outside Saorstát Eireann or cannot be found to some principal officer, if any, of the Corporation or Company resident in Saorstát Eireann; and service upon any person who is not a Corporation or Company shall be effected by personal service on him or by sending the notice or document by post or leaving it at his usual place of abode.

Substitution of service.

3. Where a person appearing to be interested in a question referred to the Land Commission under the Act cannot be found or where it cannot be ascertained who such persons are, or where for any other reason it appears to the Land Commission that substituted service on any person directed by these Rules to be served should be permitted, the Judicial Commissioner or the Land Commissioners, as the case may be, may make such order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as may be just.

An application by an interested person for such an order shall be supported by an affidavit setting forth the grounds upon which the application is made. Whenever any order shall be made a copy thereof shall be served along with the notice or other document, as the case may be.

Power to enlarge or abridge time.

4. The Judicial Commissioner and the Land Commissioners, as to matters within their respective jurisdictions, shall have power to enlarge or abridge the time appointed by these Rules or fixed by an Order or Notice 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.

5. The several forms in the Appendix may, when necessary, be adopted 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.

Determination of a question without notice.

6. When a question is referred by the Minister to the Land Commission for determination the Land Commissioners may, if they consider that notice may be dispensed with, forthwith determine the question and publish the determination in the Iris Oifigiúil.

Notice of intention to determine a question.

7. If the Land Commissioners consider that the question should not be determined without notice, they shall, before determining the question, publish in the Iris Oifigiúil a notice of their intention to determine such question. The notice shall set forth the nature of the question so referred and shall be served by the Land Commission personally or by registered post on all persons appearing to them to be interested in the determination of the question.

Lodgment of claims by interested persons

8. Any person claiming to be interested in a question referred to the Land Commission under section 4 of the Act may lodge in the Secretary's Office of the Land Commission a statement which may be in Form 1, setting forth in a concise form the nature of his claim; the statement shall be signed by the interested person or by his solicitor and shall contain also the address of the claimant or of his solicitor.

Determination of a question by the Land Commissioners.

9. The Land Commissioners shall consider all claims lodged as aforesaid and unless they are of opinion that the question can be decided without a hearing, shall list the matter for hearing. Not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the claimant (if any) and on such other persons as appear to them to be interested in the question or on their respective solicitors.

Disposal of a question by the Land Commissioners without a hearing.

10. When the Land Commissioners determine a question without a hearing they shall publish the determination in the Iris Oifigiúil and shall also serve a Notice of their determination personally or by registered post on all persons appearing to them to be interested in the question or on their respective solicitors.

Appeal to the Judicial Commissioner.

11. Any person wishing to appeal to the Judicial Commissioner from a determination by the Land Commissioners on a question referred to them shall within fourteen days from the date of the Order of the Land Commissioners determining the question or, when the question has been determined without a hearing, from the date of the publication in the Iris Oifigiúil, serve Notice of Appeal on the Land Commission and on the other interested parties who shall have appeared at the hearing (if any) which Notice may be in Form 2, and within ten days from the date of such service or of 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. The service of this Notice may be by registered post.

APPENDIX.

FORMS.

FORM 1.

Statement of Claim by an Interested Party.

COURT OF THE IRISH LAND COMMISSION.

Mines and Minerals Act, 1931 , Section 4.

In the Matter of a question referred to the Irish Land Commission for determination as to the mines and minerals under the lands of

(hereinafter called the claimant) request the Irish Land Commission to consider my claim in respect of the mines and minerals named in the title hereof.

2. My interest in the said mines and minerals (here state the nature of the interest of the claimant in the mines and minerals, e.g., as former owner, tenant purchaser or otherwise).

3. The reason and evidence relied upon by me in support of my claim are as follows:—

(here state them fully.)

(Signature of objector or his solicitor.)

FORM 2.

Notice of Appeal to the Judicial Commissioner.

COURT OF THE IRISH LAND COMMISSION.

Mines and Minerals Act, 1931 , Section 4.

In the Matter of a question referred to the Irish Land Commission for determination as to the mines and minerals under the lands of

SAORSTÁT EIREANN