S.I. No. 147/1965 - Irish Land Commission. Land Purchase Acts.

S.I. No. 147 of 1965.

IRISH LAND COMMISSION. LAND PURCHASE ACTS.

Rules and Orders under the Land Act, 1933 .

THE 7th DAY OF JULY, 1965.

It is this day ordered by the Minister for Lands, 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 shall from and after this date (except where otherwise stated) 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 same Acts, in so far as they are inconsistent with these Rules but no further, are hereby amended or revoked.

MICHEÁL Ó MÓRÁIN,

Minister for Lands.

We hereby concur in the making of the following Rules.

Members of the Committee : THOMAS TEEVAN,

T. O'BRIEN,

JOHN KELLY.

S.I. No. 147 of 1965.

ORDER I

1 Title.

1. These Rules and Orders may be cited as the Land Purchase Acts Rules of 1965.

Interpretation.

2.—(1) The Interpretation Act, 1937 (No. 38 of 1937) applies to the interpretation of these Rules and Orders in like manner as it applies to the interpretation of an Act of the Oireachtas.

(2) In these Rules and Orders "The Rules of 1924" means the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, as amended by any subsequent rules, and "The Rules of 1964" means the Land Purchase Acts Rules of 1964 ( S.I. No. 230 of 1964 ) dated the 23rd day of September, 1964.

(3) In these Rules and Orders "The Act" means the Land Act, 1965 (No. 2 of 1965).

Saving of existing Rules.

3. 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.

ORDER II

Amendment of existing Rules and Forms.

1. The Rules of 1964 are hereby amended by the addition to Rule II of Order III thereof of the following words, after the word "date" where it occurs therein :—

"provided that in all proceedings pending at the date aforesaid Solicitors may, at the discretion of the Judicial Commissioner, be entitled to charge and be allowed remuneration according to the Schedule of Fees in the Appendix to the Rules of 1924".

..

2. Article I of the First Schedule to the Rules of 1964 is hereby amended by the substitution for Rule 3 thereof of :—

"Distribution of small amounts of Purchase Money or Resumption Price.

(3) (1) Where Section 35 (1) of the Land Act, 1931 , as amended and extended applies, the Affidavit of Title shall, subject to such directions as may be issued by the Judicial Commissioner from time to time, state :—

(a) the description of the land or holding including acreage, ordnance survey name of Townland, Barony and County;

(b) that the deponent or claimant was in possession or in receipt of the income of the estate, superior interest or holding for his own benefit on the appointed day, date of vesting order, date of vesting of the tenant's interest in the holding under Section 12 of the Land Act, 1953 or date of declaration under Section 15 of the Land Act, 1931 as the case may be, naming that date ;

(c) that the claimant is incapacitated (if such is the case) and that the deponent is his guardian, committee or trustee as the case may be ;

(d) that the deponent or claimant is entitled to payment.

(2) Where Section 35 of the Land Act, 1931 as amended and extended prescribes that an undertaking to apply a sum exceeding £100. 0. 0. but not exceeding £300. 0. 0. as Capital Money under the Settled Land Acts, 1882 to 1890, is to be given it shall be in writing under the hand or hands of the person or persons empowered to give such undertaking in Form 139 in the appendix hereto and may be exhibited in the Affidavit of Title. When the Affidavit of Title is made by the person or persons giving the undertaking the undertaking may be embodied in the Affidavit of Title and need not be attested.

(3) Where the proceedings are pursuant to Section 36 of the Land Act, 1923 , and paragraphs (1) and (2) above apply the Affidavit of Title of the Owner shall, subject to such directions as may be issued by the Judicial Commissioner from time to time also disclose such information as will be necessary to satisfy the Examiner that the Vendor may be dealt with as the owner of the lands under Section 17 of the Irish Land Act, 1903".

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3. Form 110 of the Land Purchase Acts Rules, 1936 ( S.R. & O. No. 361 of 1936 ) and Form 123 of the Land Purchase Acts Rules, 1939 ( S.R. & O. No. 341 of 1939 ) are hereby amended by the substitution of "£6,000" for "£2,000" in each place where it occurs therein.

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4. Order X of the Provisional Rules and Forms ( Land Act, 1931 ) dated the 6th day of May, 1931 is hereby revoked.

ORDER III

Notice of Inspection (Section 29).

1. The notice provided for in Section 40 subsection (6) of the Land Act, 1923 , as amended by Section 29 of the Act, shall be served on the person appearing to be the owner or occupier of the lands specified therein, or on such other person as appears to be acting as agent of the owner or occupier in relation to the said lands. Service may be effected either personally or by registered post addressed to the lands specified in the notice or to any other address at which such person intended to be served resides or carries on any business or occupation.

Notice of making of Order (Section 13).

2. The notice of the making of an order provided for in subsection (2) of Section 13 of the Act shall be sealed with the common seal of the Land Commission and shall be served on the person appearing to be the owner or occupier of the lands specified therein, or on such other person as appears to be acting as agent of the owner or occupier in relation to the said lands. Service may be effected either personally or by registered post addressed to the lands specified in the notice or to any other address at which such person intended to be served resides or carries on any business or occupation.

ORDER IV

Witness Summons (Section 8).

1. Any person entitled to appear and be heard in relation to any matter or proceeding requiring a hearing before the Lay Commissioners and desiring the attendance of any person to give evidence or produce any books, papers or documents at such hearing may apply, at 24 Upper Merrion Street, Dublin, for and a Lay Commissioner shall issue, a witness summons requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein.

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2. The summons shall be in Form 140 and shall be duly completed by the applicant therefor and when signed by a Lay Commissioner shall be served personally upon the person named therein, unless the Lay Commissioners direct otherwise, at least three clear days before the date fixed for the hearing, and proof of such service by the person effecting same shall be given orally and upon oath before the Lay Commissioners, or by affidavit made before a Commissioner for Oaths or a Peace Commissioner, and such affidavit shall, unless the Lay Commissioners require oral evidence of service, be prima facie evidence for all purposes of the mode, time and place of service as therein set out. Such summons shall be served by the person applying therefor, or by any person duly authorised on his behalf.

ORDER V

Notice of Appointment of Nominee (Section 14).

The notice required to be given to a person whom it is proposed to appoint as nominee for the purposes of Section 14 of the Act shall be in Form 141 and be served by the Land Commission, personally or by registered post, on the said person or on his Solicitor.

ORDER VI

Requisition for particulars (Section 45 subsection 4(a)).

The notice of requisition for particulars required by Section 45 subsection 4(a) of the Act shall be sealed with the common seal of the Land Commission and shall be served on the person appearing to the Land Commission to be in possession, occupation or control of the lands specified therein. Service may be effected either personally or by registered post addressed to the lands specified in the notice or to any other address at which such person aforesaid resides or carries on any business or occupation.

ORDER VII

Appeal from decision of Examiner (Section 15 (2)).

The provisions of Order XXVIII of the Rules of 1924 with regard to an appeal from the decision of a Commissioner shall apply to an appeal from the decision of the Examiner under Section 15 of the Act.

ORDER VIII

Services.

Where any of the Land Purchase Acts or Rules and Orders made thereunder directs or shall direct the Land Commission to serve any notice or document on any person by registered post, such notice or document shall be deemed to have been served at the time at which it would be delivered in the ordinary course of post.

ORDER IX

Time and Forms.

1. The Judicial Commissioner, or the Lay Commissioners 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, on 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.

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

EXPLANATORY NOTE.

These Rules prescribe the form of notices and the manner of service required by certain provisions of the Land Act, 1965 . They also adopt and amend existing Rules on title requirements and prescribe the procedure for summoning witnesses to hearings before the Lay Commissioners. Additionally these Rules amend the method of ascertaining legal costs prescribed by the Land Purchase Acts Rules of 1964 (S.I. 230 of 1964).

APPENDIX.

FORMS.

UNDERTAKING TO APPLY PURCHASE MONEY AS IF IT WERE CAPITAL MONEY UNDER THE SETTLED LAND ACTS, 1882 TO 1890.

FORM 139

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 35.

I, A. B. of               (description or occupation) the person in possession (or in receipt of the income) on the appointed day (or date of Vesting Order, date of vesting of the tenant's interest in the holding, or date of declaration under Section 15 of the Land Act, 1931 , naming the date) of

        (here describe fully and accurately the lands or holding, or superior interest or otherwise, as the case may be) comprised herein hereby undertake in case the Land Commission shall pay me the purchase money (or redemption price or resumption price or otherwise, as the case may be) thereof

OR

We, C. D. of             (description or occupation) and E.F. of          (description or occupation) the proposed trustees under the above Section hereby undertake in case the Land Commission shall pay us the purchase money (or resumption price or redemption price or otherwise, as the case may be) of (here describe fully and accurately the lands, or holding, or superior interest or otherwise, as the case may be) comprised herein to apply such purchase money (resumption price, redemption price or otherwise, as the case may be) as if it were capital money arising under the Settled Land Acts, 1882 to 1890.

Dated this day of 19 .

Signed by the said

in the presence of :—

FORM 140

IRISH LAND COMMISSION.

SUMMONS TO WITNESS.

Matter:———————————

——————————

You are hereby required to appear in person at a sitting of the Lay Commissioners at on        the     day of      19 at the hour of    in the    noon and so from day to day until this Matter is disposed of to give evidence on behalf of

(Where documents are to be produced, add :—And to bring with you and produce to the Lay Commissioners the documents mentioned hereunder).

Dated this day of 19 .

ENDORSEMENT OF SUMMONS TO WITNESS.

"In case of disobedience of a summons duly served, the Lay Commissioners may certify the offence to the High Court and the High Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of the person concerned in like manner as if he had been guilty of contempt of the High Court."

FORM 141.

IRISH LAND COMMISSION.

NOTICE OF INTENTION TO APPOINT LAND COMMISSION NOMINEE

LAND ACT, 1965 , SECTION 14.

Notice is hereby given in relation to the lands described in the Schedule hereto, that, pursuant to the provisions of Section 14 of the Land Act, 1965 , the Land Commission intend, at the expiration of 14 days from the date hereof, to make an order appointing you to be the nominee of all persons interested in the said lands, for the purposes of the undermentioned proceedings but for no other purpose.

Nature of proceedings for which appointment is made :—

__________________________________________________________________

__________________________________________________________________

Dated this day of 19 .

Signed : .....................................

SCHEDULE.

(Section 14 subsection (3) of the Land Act, 1965 provides :—

"A nominee appointed under this section shall, notwithstanding any enactment or rule of law, fully and effectively represent all persons interested in the land for the purposes of the proceedings in relation to which the appointment is made (including the service of documents but excluding the distribution of purchase money) but not further or otherwise, and may do all acts necessary to bring the said proceedings to completion, including, whether or not the land is registered land transferring the land").

To :—————–——

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