S.I. No. 18/1934 - Land Purchase Acts. Rules and Orders Under Section 3 of the Land Act, 1933.

STATUTORY RULES AND ORDERS. 1934. No. 18.

LAND PURCHASE ACTS. RULES AND ORDERS UNDER SECTION 3 OF THE LAND ACT, 1933.

22nd day of January, 1934.

It is this day ordered by the Minister for Lands and Fisheries in pursuance of the powers conferred on him by Section 3 of the Land Act, 1933 , and of every other power him enabling in this behalf with the concurrence of a majority of the committee constituted pursuant to the provisions of the said section, and after consultation with the President of the Incorporated Law Society of Ireland, that the following Rules and Orders shall, from and after this date and until further order, take effect and be in force in relation to proceedings under the Land Purchase Acts, and that all existing rules and orders made under the said Acts, in so far as they are inconsistent with these rules and orders, but no further, are hereby amended or revoked.

JOSEPH CONNOLLY,

Minister for Lands and Fisheries.

We hereby concur in the making of the following Rules and Orders

CONTENTS.

ORDERS.

CONTENTS-continued.

APPENDIX I—FORMS.

ORDER I.DEFINITIONS AND INTERPRETATION.

Definitions.

In these Rules unless the context otherwise requires :

(a) " The Act " means the Land Act, 1933 .

(b) " Arrears " means arrears of all payments provided for in Part III of the Act.

(c) " Purchaser " means the proprietor of a purchased holding, the purchasing tenant of a holding subject to an agreement for purchase, the tenant of a holding under the Land Commission, or the allottee of a parcel of untenanted land.

(d) " Holding " means land held subject to a purchase annuity, or to an agreement for purchase, or under a contract of tenancy, or a parcel of untenanted land held by an allottee from the Land Commission.

(e) " Annuity " means and includes where the context permits in addition to purchase annuities, " annual sums " and " additional sums " payable by purchasers.

Interpretation.

The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of these orders and rules in like manner as it applies to the interpretation of an Act of the Oireachtas.

ORDER II.COLLECTION OF REVISED ANNUITIES BY THE LAND COMMISSION.

Issue of receivable order.

1. When the Land Commission or the Commissioners of Public Works, as the case may be, have ascertained the amount of arrears, costs and expenses to be payable by a purchaser by means of a Funding Annuity and the amount of that purchaser's reduced annuity, a receivable order for the payment of the revised annuity, as so ascertained, shall be issued through the post to the person or persons appearing to be the purchaser of the holding subject to the revised annuity, and the payments shall be made within the time limited by the receivable order in that behalf.

ORDER III.ARREARS AND REVISION OF SUB-TENANTS' RENTS. SECTION 17.

Ascertainment of funded debt.

1. For the purpose of enabling the Land Commission to ascertain the amount of the funded debt due by a sub-tenant under the Act, all persons interested in the holding shall be bound to furnish to the Land Commission when so required such information or evidence as may be necessary for the said purpose. Any person unduly or unreasonably withholding such information or evidence shall be liable to pay such costs as may be occasioned by his default and imposed on him in pursuance of the provisions of Section 41 of the Land Act, 1923 .

Service of certificate of funded debt.

2. When the Land Commission have ascertained the amount of the funded debt due by a sub-tenant under the Act and have apportioned the funding annuity, if any, on the holding, between the separate holdings of the sub-tenants thereof, a certificate showing the amount of the funded debt due by each sub-tenant and the amount of the funding annuity apportioned on his separate holding shall be served by the Land Commission by registered post on all persons appearing to the Land Commission to be interested in the holding as the owner, the tenant, or the sub-tenants.

Objections to certificate.

3. Any person objecting to the said certificate may lodge his objection within one month of the service on him of the said certificate. The objection, which should be in writing, may be in Form 93 and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission. Notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the objector appearing to be affected thereby or their respective solicitors.

Listing of objection.

4. Unless the objection is otherwise disposed of it shall be listed for hearing before the Land Commission and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and other persons appearing to be interested or on their respective solicitors.

ORDER IV.FUNDING OF ARREARS PAYABLE TO THE CHURCH TEMPORALITIES FUND. SECTION 18.

Application for an order under the section.

1. An application by the owner of land subject to annual payment to the Church Temporalities Fund, as defined in sub-section 10 of Section 18 of the Act, for an order declaring the amount of the arrears of such payment to be payable by means of a funding annuity and revising the annual payment shall be in Form 99, shall be verified by the applicant, and shall be filed in the Secretariat (Church Property) Branch of the Land Commission.

ORDER V.WARRANT OF ARREARS. SECTION 28.

Form of warrant.

The warrant to be issued by the Land Commission to the County Registrar or Under Sheriff, as the case may be, certifying the amount of money due by a defaulter to the Land Commission shall be in Form 100, and shall be made out and issued in duplicate.

ORDER VI.RELIEF OF CONGESTION. SECTION 29.

Publication of notice of intention to declare land to be required.

1. A Notice of the intention of the Land Commission to declare that lands are required for the relief of congestion shall be published in Iris Oifigiuil and served by registered post on all persons appearing to the Land Commission to be interested in the lands.

Application to show cause against acquisition.

2. Any person desiring to show cause against the making of such a declaration may, within one month of the date of the publication of the notice in Iris Oifigiuil, apply to the Land Commission that the same be not made, or be varied, and for that purpose shall file in the Acquisition and Resales Branch of the Land Commission his application setting forth the grounds thereof, which application may be in Form 101.

Hearing of application to show cause.

3. Unless the application is otherwise disposed of, it shall be listed for hearing before the Lay Commissioners, and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested in the application or on their respective solicitors.

Service of declaration that lands are required

4. When the Land Commission have declared that any land, coming within clause (a) of sub-section (2) of Section 24 of the Land Act, 1923 , is required for the relief of congestion, a copy of the declaration accompanied by a map of the lands declared shall be served personally or by registered post on the person appearing to be the tenant or proprietor of the said lands or on his solicitor.

Requisition for a new holding.

5. A requisition by the tenant or proprietor of the declared lands to have his entire holding acquired and to be provided with a new holding may be in Form 102 and shall be lodged in the Acquisition and Resales Branch of the Land Commission within one month from the service on him of the copy of the declaration.

Offer of a new holding.

6. An offer by the Land Commission to provide the tenant or proprietor of declared lands with a new holding shall contain particulars of the situation and area thereof and of the terms and conditions on which it is offered. The offer accompanied by a map of the lands set out therein shall be served by registered post on the tenant or proprietor, and unless an appeal is taken to the Appeal Tribunal on the question of the market value of the holding so offered, the offer shall be deemed to have been accepted.

Repeal of rules.

7. Order XLII of the provisional rules under the Land Purchase Acts of the 5th day of February, 1924, and the provisional rules under the same Acts dated the 27th day of September, 1926, are hereby revoked.

ORDER VII.RESUMPTION. SECTION 31.

Service of notice of intention to resume.

1. A Notice of the intention of the Land Commission to resume a holding or a part of a holding shall be published in Iris Oifigiuil and shall be served by registered post on the person appearing to be in occupation as tenant of the holding.

Petition against resumption.

2. Any such tenant desiring to present a petition to the Land Commission praying that the holding, or part thereof (as the case may be) be not resumed without further inquiry may, within one month of the date of the publication of the notice in Iris Oifigiuil, or of the date of the service of such notice on him, whichever shall be the later, file his petition in the Purchase Branch of the Land Commission. The petition may be in Form 103 and shall set out the petitioner's grounds for asking that the declaration be not made.

Hearing of petition.

3. Unless the petition is otherwise disposed of it shall be listed for hearing before the Lay Commissioners and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the petitioner or on his solicitor.

Repeal of rules.

4. Rules 2, 3 and 4 of Order XIV of the provisional rules under the Land Purchase Acts dated the 24th day of August, 1927, are hereby revoked.

ORDER VIII.COMPULSORY ACQUISITION. SECTION 32.

Publication of provisional list and certificate.

1. When the Lay Commissioners certify, in pursuance of the provisions of Section 32 of the Act, that any land is required for the purpose of resale to the persons or bodies therein referred to, the Land Commission shall publish in Iris Oifigiuil a Provisional List of the lands which shall contain a statement that the lands have been so certified.

Application of rules.

2. The Rules under the Land Purchase Acts relating to the publication of and objections to provisional lists of lands proposed to be vested in the Land Commission and the foregoing order and rules relating to proceedings for the relief of congestion shall apply, where appropriate, to proceedings in which the said certificate has been issued.

ORDER IXSPORTING RIGHTS. SECTION 34.

Publication of notice of intention to make a declaration.

1. Before making an order declaring the appointed day in respect of sporting rights pursuant to the provisions of Section 34 of the Act, the Land Commission shall publish in Iris Oifigiuil a notice of the intention to make such order. The notice shall be served on all persons appearing to the Land Commission to be interested in the said sporting rights either as owners or as lessees, by registered post, or, in case the names or addresses of such persons are not known to the Land Commission, by publication of the notice in such newspapers as the Land Commission may direct.

Application against the making of a declaration.

2. Any person interested in and desiring to be heard before the Land Commission make the order may, within two months of the date of the notice of the intention of the Land Commission so to do, apply in writing to the Land Commission that such order be not made or be varied. The application which may be in Form 104 shall be filed in the Purchase Branch of the Land Commission.

Hearing of application.

3. Unless the application is otherwise disposed of it shall be listed for hearing before the Land Commission and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the applicant or on the other persons appearing to be interested in the application or on their respective solicitors.

Fixing the price.

4. Where no application against the making of such an order has been filed or where all such applications have been disposed of, and the price of the sporting rights has not already been agreed upon, the Land Commission shall publish a notice of the price as fixed by them in the Iris Oifigiuil and shall send a copy of such notice by registered post to the persons appearing to them to be the owners of the said sporting rights and of the lands on or over which they are exercised, or to their respective solicitors.

ORDER X.REDUCTION OF STANDARD PURCHASE ANNUITIES. SECTION 38.

Publication of notice.

1. When the standard purchase annuity for a holding is reduced by the Land Commission pursuant to the provisions of Section 38 of the Act, a notice of the amount of the reduced annuity shall be published in Iris Oifigiuil and shall be sent by the Land Commission by registered post to the landlord and tenant of the holding or to their respective solicitors.

ORDER XI.FEE FARM GRANTS. SECTION 42.

Application by owner

1. An application by the owner of a parcel of land under Section 44 of the Land Act, 1931 , as amended by Section 42 of the Act shall be in Form 105 and shall be verified by the affidavit of the owner, and shall be accompanied by a portion of the ordnance map showing the entire lands out of which the rent is payable and, if apportionment is necessary, in distinctive colours the portions between which it is proposed to apportion the rent, and shall be filed in the Purchase Branch of the Land Commission.

Land Commission to serve notice of filing of application.

2. When the application has been filed the Land Commission shall serve notice of such filing personally or by registered post on the persons appearing from the application to be interested in the parcel, either as owners of superior interests or otherwise, or on their respective solicitors.

Notice of intention to oppose the application to be lodged.

3. When a landlord intends to oppose the granting of an application under this section he shall lodge in the Purchase Branch of the Land Commission within one month from the date of the service upon him of the notice of the filing of the application, a notice of his said intention.

Notice of the hearing of the application.

4. Not less than ten days' notice of the hearing of the application shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested in the application or on their respective solicitors, and where the landlord has lodged a notice of his intention to oppose the application, a copy of this notice shall be served on the applicant together with the notice of the hearing.

Objections to the provisional list to be dealt with on the hearing of the application.

5. Any objection that might be made by way of objection to the Vesting Order comprising the parcel and which could be dealt with on the hearing of this application shall be made at that hearing and not by way of objection to the Vesting Order.

Publication of notice fixing the stand and purchase annuity and declaring the appointed day.

6. A notice by the Land Commission of an order fixing the Standard Purchase Annuity of a parcel of land in respect of which an application under Section 44 of the Land Act, 1931 , has been granted in the manner referred to in sub-section (5) of Section 42 of the Act and fixing the appointed day for the parcel shall be published in the Iris Oifigiuil and shall be sent by the Land Commission by registered post to all persons appearing from the application to be interested in the parcel either as owners of superior interests or otherwise or to their respective solicitors.

Extension of Order XXXVIII of the Rules of 5th February, 1924.

7. Rules 1 and 2 of Order XXXVIII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, are hereby extended so as to include and provide for the appointment under sub-section (11) of Section 42 of the Act, of Limited Administrators for the purposes of proceedings under the said section.

Order XV of the Rules of 6th May, 1931, revoked.

8. Rules 1, 2 and 3 of Order IV of the Provisional Rules under the Land Purchase Acts dated the 24th day of August, 1927, and Order XV of the Provisional Rules under the Land Purchase Acts dated the 6th day of May, 1931, are hereby revoked.

ORDER XIICOMPOUNDED ARREARS OF RENT OF SUB-TENANCIES. SECTION 43.

Lodgment of claim.

1. A sub-tenant claiming credit for so much of the compounded arrears of rent as is repayable by the portion of the additional annuity charged on his separate holding against the arrears of rent, if any, due by him to his immediate landlord or applying to have such portion of the additional annuity so charged as aforesaid redeemed in whole or in part, shall lodge his claim within one month after the service on him of the notice prescribed by Order VI of the Provisional Rules under the Land Purchase Acts dated the 6th day of May, 1931, of the intention of the Land Commission to make a declaration pursuant to the provisions of Section 15 of the Land Act, 1931 , declaring a sub-tenant in a holding to be the tenant of the portion of the holding in his separate occupation. The claim should be in writing in Form 106, and should give particulars of the arrears of rent, if any, due by the claimant to his immediate landlord and should be signed by the claimant or his solicitor and filed in the Purchase Branch of the Land Commission. Notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the claimant appearing to be affected thereby or their r spective solicitors.

Hearing of claim.

2. Unless the claim is otherwise disposed of it shall be listed for hearing before the Land Commission and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the claimant and the other persons appearing to be interested or their respective solicitors. If an objection against the making of the said declaration has also been listed for hearing, the claim and the objection shall be listed for hearing together.

ORDER XIIIAPPLICATION IN RESPECT OF A HOLDING WHICH HAD PREVIOUSLY BEEN EXCLUDED BY ORDER OF THE LAND COMMISSION.

Application to state the grounds of the previous refusal.

1. An application to the Land Commission for the inclusion of a holding in a list of Vested Holdings or for an Order declaring the appointed day for a holding in any case where the holding had previously been excluded from the provisions of the Land Purchase Acts by an Order of the Land Commission, shall set out the fact of the previous application having been made, and the grounds for its refusal. The application may be in Form 107.

ORDER XIV.STATE DEBTS. SECTION 53.

Appearance to be entered by claimant.

1. A Minister or Government department proposing to claim payment of any debt out of the purchase money of an Estate, when the same is being distributed by the Land Commission, shall enter an appearance in relation to such claim in the Registrar's Office of the Land Commission.

ORDER XV.FEES.

Fees to be charged for copies of documents, etc.

1. The scale of charges for furnishing copies of documents, including maps, and for searching for or production of documents shall be according to the Schedule of Office Fees in the Appendix hereto and all existing rules providing for fees to be charged in the cases mentioned in the said Schedule are amended accordingly. All payments made under this rule, save where otherwise provided, shall be denoted by Land Commission stamps.

ORDER XVI.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 Order, 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 XVIIRULES.

Saving of existing Rules.

1. All Rules heretofore made under the Land Purchase Acts shall continue in force, save in so far as they are revoked by, or are inconsistent with, these Rules.

APPENDIX.

I.—FORMS.

II—SCHEDULE OF OFFICE FEES.

FORM 98.

OBJECTION TO A CERTIFICATE OF THE FUNDED DEBT DUE BY A SUB-TENANT.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 17.

Estate of............................................................ ...........................................................Owner.

County of............................................................ .......... Record No. S.....................................

1. A. B. of..................(state postal address in full and occupation or other description) (hereinafter called the objector) objects to the certificate of the Land Commission, dated the.........day of.....................finding the funded debt due in respect of the separate holding described in the Schedule hereto, and the funding annuity apportioned thereon, to be as set forth in the said schedule.

2. The interest of the objector in the separate holding is (here state the objector's interest, e.g., as owner, tenant or sub-tenant or as otherwise claiming an interest therein).

3. The grounds relied upon by the objector in support of his objection are as follows (here state them fully).

Dated this.............day of.......................

Signature of objector or his solicitor.

SCHEDULE.

SEPARATE HOLDING OF C. D.

FORM 99.

APPLICATION FOR AN ORDER FUNDING ARREARS AND REVISING AN ANNUAL PAYMENT TO THE CHURCH TEMPORALITIES FUND.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 18.

County............................................................ ............................................................ ..................................

Benefice............................................................ ............................................................ ...............................

Nature of Annual Payment............................................................ ............................................................ ..

(See Note " A " at foot)

No. of Receivable Order............................................................ ......

Annual Amount £............................................................. ...........

No. of Receivable Order (Purchase Annuity)............................................................ ..............................

(See Note " B " at foot)

Folio No...…............................................................ ...................

1. I,.............................of............................................................ ............................................................ ..

in the county of.............................. being the owner of lands subject to the above-mentioned annual payment do hereby apply to the Land Commission for an Order for (a) (the funding of arrears of and for) the revision of the said annual payment in accordance with Section 18 of the Land Act, 1933 .

2. I solemnly and sincerely declare that I am the person liable to pay the above-mentioned (b)......................................in respect of my estate or interest in the hereditaments known as the lands of...................................situate in the Barony of....................................Parish of................................and County of............................................................ .............containing...............acres................roods and................. perches, statute measure.

3. I further declare that the lands referred to in Paragraph (1) are :

(a) substantially agricultural or pastoral or partly agricultural and partly pastoral in character ; and

(b) are in my own occupation ; and

(c) are used and cultivated by me as an ordinary farm in accordance with proper methods of husbandry ; and

(d) are subject to an annual payment to which Section 18 of the Land Act, 1933 , applies.

(See Note "A" at foot hereof).

4. That to the best of my knowledge, information, judgment and belief, the statements in the above Declaration are true and correct in every particular as set forth, and I make this solemn Declaration conscientiously believing the same to be true and by virtue of the provisions of " The Statutory Declarations Act, 1835 " (5 and 6 Wm. IV, c. 62).

NOTE " A "— Section 18 of the Land Act, 1933 , applies to all such of the following annual payments as are payable into the Church Temporalities Fund, that is to say :—

(a) a tithe rent-charge payable out of lands which are subject to a purchase annuity ;

(b) fixed annual instalments in lieu of tithe rent-charge payable out of lands which are subject to a purchase annuity ;

(c) a perpetuity rent ;

(d) the interest on a converted leasehold mortgage ;

(e) the interest on a simple mortgage ;

(f) an annuity in repayment of an instalment mortgage.

NOTE " B "—Where the application has reference to the revision of a tithe rent-charge or fixed annual instalments in lieu of a tithe rent-charge it should be stated whether the lands out of which the charge is payable are also subject to a purchase annuity and, if so, the number of the Purchase Annuity Receivable Order should be quoted.

(a) To be struck out if there are no arrears to be funded.

(b) State nature of annual payment.

FORM 100.

WARRANT OF THE LAND COMMISSION CERTIFYING THE DEBT DUE BY A DEFAULTER.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 28.

In pursuance of the powers conferred by Section 28 of the Land Act, 1933 , and of every other power in that behalf them enabling, the Irish Land Commission hereby certify that the person whose name is set forth in the Schedule hereto is the registered owner or person in occupation of the holding described in the said Schedule on which the Land Purchase Annuity, Rent, Interest in lieu of Rent, Payment in lieu of Rent, Interest on Purchase Money, Additional Sum or Annual Sum payable under the Land Purchase Acts set forth in the Schedule are charged and which sums under the provisions of the Statutes in that case made and provided were due and payable as stated in the said Schedule.

It is further certified that the above-named has made default in paying the said sum of £..…............so charged upon the said holding and you are accordingly authorised to levy the said sum of £ .....................besides Sheriff's poundage, Officers' fees, cost of levying and all other legal incidental expenses to be paid to you as directed by the Statutes in that case made and provided.

SCHEDULE.

FORM 101.

APPLICATION THAT AN ORDER DECLARING LANDS TO BE REQUIRED FOR THE RELIEF OF CONGESTION BE NOT MADE.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 29.

1. A. B. of...................................... (state postal address in full and occupation or other description) (hereinafter called the applicant) applies to the Land Commission that an order declaring the lands described in the Schedule hereto to be required for the relief of congestion in the terms of the notice of intention dated the .................day of....................................be not made (or be varied in manner herein set out).

2. The interest of the applicant in the lands is (here state the applicant's interest).

3. The grounds relied on by the applicant in support of his application are as follows (here state them fully).

4. The applicant asks that the said order be varied by (set out the proposed variation).

Dated this   day of

Signature of applicant or his solicitor.

SCHEDULE.

FORM 102.

REQUISITION TO THE LAND COMMISSION TO ACQUIRE AN ENTIRE HOLDING AND TO PROVIDE THE OWNER WITH A NEW HOLDING.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 29.

The Requisition of A. B. of.................. (state postal address in full and occupation or other description) sheweth :—

That he is the proprietor (or tenant) of the holding described in the first part of the Schedule hereto, which was vested (or which is the subject of a purchase agreement) under the Land Purchase Acts.

That he or his wife (or husband) reside on (or in the immediate neighbourhood of) the said holding (if not on the holding give the address of the residence).

That the holding is worked in the same manner as an ordinary farm in accordance with the proper methods of husbandry

and that he or his wife (or husband) are not the owner of lands exceeding in market value the sum of £2,000.

(that the Land Commission made an Order dated the.........day of...............

declaring the part of the said holding set out in the second part of the Schedule hereto to be required for the relief of congestion)

and that said A. B. hereby requests the Land Commission to provide him with a new holding of not less market value than the declared lands or of not less value than £2,000 whichever shall be the lesser sum.

Dated this.........day of...................................

Signature............................................................ ...........

SCHEDULE.

FIRST PART.

SECOND PART.

FORM 103.

PETITION TO THE LAND COMMISSION PRAYING THAT A HOLDING BE NOT RESUMED.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 31.

The Petition of A. B., of.................................... (state postal address in full and occupation or other description) (hereinafter called the petitioner) sheweth :—

1. That the Land Commission published a notice of their intention to resume (part of) the holding described in the Schedule hereto, of which holding the petitioner is tenant.

2. (here state the grounds on which the petitioner relies for praying that the holding be not resumed in whole or in part.)

3. The Petitioner therefore prays that the (part of the) holding be not resumed without further inquiry.

Dated this.........day of........................

Signature of the Petitioner or his Solicitor.

SCHEDULE.

FORM 104.

APPLICATION THAT SPORTING RIGHTS BE NOT VESTED.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 34·

The application of A. B., of.................(state postal address in full and

occupation or other description) (hereinafter called the applicant) sheweth :—

1. That he is a person who is interested in the Sporting Rights described in the Notice of the Intention of making an Order vesting them in the Land Commission dated the.........day of.........................

2. That his interest arises from the fact that (here state the nature of the interest whether as owner or lessee or otherwise).

3. (Here state the grounds of the application.)

4. That he applies to the Land Commission that the intended Order be not made or that it may be varied by (here state the nature of the variation asked for).

Dated the..................day of........................................

Signature of applicant or his solicitor.

FORM 105.

APPLICATION 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 AS TENANTED LAND.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 42.

The application of A. B., of..................(here state postal address in full and occupation or other description) (hereinafter called the applicant) sheweth :—

1. That the lands described in the First Part of the Schedule hereto and shown on the map annexed are held from the owner under the grant (or lease and at the rent therein stated.

2. That he is in bona fide occupation of the said lands (or of the part of the said lands described in the Second Part of the Schedule hereto) and uses and cultivates them in the same manner as an ordinary farmer in accordance with the proper methods of husbandry, and he submits that the parcel would not have been excepted from the provisions of sub-section (1) of Section 24 of the Land Act, 1923 , had it been tenanted land.

3. That the remainder of the said lands are in the occupation of (the tenants, of the applicant or otherwise as the case may be).

(Where the applicant is co-owner of the lands, add the following).

4. That the rent paid for......years and upwards by the applicant in respect of the lands in the Second Part of the said Schedule is the sum of.................. as therein stated, and that the balance of the said rent of (the full rent) has been paid by the said....................................to the best of the knowledge, information and belief of the applicant.

5. That it is expedient that the rent be apportioned and the proposed apportionment set forth in the said Schedule would be just and fair having regard to the quantities and value of the lands and the rights of the parties interested.

(Where the rent actually paid by the applicant differs from the rent reserved in the grant or lease, add the following).

6. That the rent actually paid by him in respect of the parcel is the annual sum of £................., and the applicant submits that this sum has been paid and received in substitution for the rent reserved in the grant or lease and applies that it be deemed to be the rent of the parcel for the purposes of this application.

(Add the following if appropriate).

7. That the sum of £................was paid by the applicant ('s predecessor) in the year..............by way of fine or consideration for the making of the said grant or lease.

(If a previous application under Section 44 of the Land Act, 1931 , and refused, add the following) :

8. That a previous application by the applicant (or by C. D., his predecessor in title) was refused by order dated the.........day of......................... The grounds for such refusal were (state the grounds for the refusal).

9. And the applicant hereby applies to the Land Commission for a declaration pursuant to sub-section (1) of Section 44 of the Land Act, 1931 , as amended by Section 42 of the Land Act, 1933 , that the said parcel shall vest in the Land Commission on the appointed day as if it were tenanted land.

Dated this.........day of.......................................

Signature of applicant or his solicitor.

SCHEDULE.

AFFIDAVIT.

I, the said............................................................ ............................................................ ..................

make oath and say as follows :—

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

Sworn, etc.

FORM 106.

CLAIM BY A SUB-TENANT IN RESPECT OF THE COMPOUNDED ARREARS OF RENT CHARGED ON HIS SEPARATE HOLDING.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 43.

The claim of A. B., of..................(state postal address in full and occupation or other description) (hereinafter called the claimant) sheweth :—

1. That the holding of C. D., described in the First Part of the First Schedule hereto is included in the proceedings for sale under the Land Purchase Acts in the above matter, and is charged with the annuity therein set forth, including an addition to the Standard Purchase Annuity for the holding in respect of compounded arrears of rent as therein appears.

2. That the Land Commission have on the.........day of........................ served notice of intention to declare the claimant to be in separate occupation of the part of the said holding described in the Second Part of the First Schedule hereto, subject to the apportioned part of the purchase annuity, including the apportioned part of the additional annuity in repayment of Compounded Arrears of Rent as therein appears.

3. That the claimant owes to his immediate landlord, the said C. D. the sum of £..................for arrears of rent to the.........day of........................ the particulars whereof are set forth in the Second Schedule hereto.

(or 3. That the Claimant does not owe any arrears of rent to his immediate landlord.)

4. And the claimant hereby applies to the Land Commission that he be declared entitled to credit for so much of the compounded arrears of rent as is repayable by the portion of the said additional annuity charged on his separate holding as against the said arrears of rent so due by him as stated, and that so much of the additional annuity charged on his separate holding as represents the excess of the compounded arrears of rent over the rent due by the claimant shall be redeemed.

Dated this.........day of........................

Signature of the claimant or his solicitor.

FIRST SCHEDULE.

FIRST PART.

SECOND PART.

SECOND SCHEDULE.

(Particulars of the arrears of rent due by the sub-tenant—if none, state " none. ")

FORM 107.

APPLICATION BY A TENANT FOR THE INCLUSION OF HIS HOLDING IN A LIST OF VESTED HOLDINGS, OR FOR AN ORDER DECLARING THE APPOINTED DAY FOR IT, WHERE THE HOLDING HAD PREVIOUSLY BEEN EXCLUDED.

IRISH LAND COMMISSION.

LAND ACT, 1933 .

The application of A. B., of..................(state postal address in full and occupation or other description) (hereinafter called the applicant) shewith :—

That he is the tenant to the above-named owner of that part of the lands of........................in the Barony of........................and County of.......................…………………………containing ...a ...r. ...p. more or less at the yearly rent of £..................under (state particulars of tenure, e.g., lease of.…….................or yearly letting or otherwise, as the case may be).

That a previous application to the Land Commission for the inclusion of the said holding in a list of vested holdings (or for a declaration of the apponited day for the said holding, as the case may be) was refused by order of the Land Commission dated the.………........day of.............................. The grounds for the refusal of the application were (state shortly the grounds for the refusal).

That he submits that under the provisions of section ... of the Land Act, 1933 (state the section on which the applicant relies), he is a tenant of a holding to which Section 24 of the Land Act, 1923 , applies, and he hereby applies to the Land Commission that his holding be included in a List of Vested Holdings and that the said owner be required to furnish the particulars of the holding to the Land Commission (or for an order declaring the appointed day for the said holding).

Dated this.........day of.........................

Signature of applicant or his solicitor.

II.—SCHEDULE OF OFFICE FEES.

COPIES OF DOCUMENTS (OTHER THAN MAPS) :—

If an official of the Land Commission is required to attend Court for the purpose of producing documents, in addition to the Subpoena and the above-mentioned fee, a sum for his travelling and subsistence allowance is to be paid ; this sum is not to be paid in Land Commission stamps.